Walter B. Enterprises Inc. v. Sheet Metal Worker’s International Association and Ontario Sheet Metal Worker’s Conference Local Union No. 30, 2000 CanLII 11065

Walter B. Enterprises Inc. v. Sheet Metal Worker’s International Association and Ontario Sheet Metal Worker’s Conference Local Union No. 30

1689-00-G Walter B. Enterprises Inc., Applicant v. Sheet Metal Worker’s International Association and Ontario Sheet Metal Worker’s Conference Local Union No. 30, Responding Party.

BEFORE: Harry Freedman, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.

DECISION OF THE BOARD; September 15, 2000

1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended ("the Act").

2Prior to the hearing in this matter the parties entered into the following Memorandum of Agreement:

ONTARIO LABOUR RELATIONS BOARD

File No. 1689-00-G

BETWEEN:

Walter B. Enterprises Inc.,

(“the Applicant”),

‑ and ‑

Sheet Metal Worker’s International Association and Ontario Sheet Metal Worker’s Conference Local Union No. 30,

(“the Responding Party”).

MEMORANDUM OF AGREEMENT

Whereas the Responding Party in this matter alleged that the applicant is bound to the collective agreement referred to in paragraph one below;

And whereas the applicant acknowledges that it is bound to this agreement;

Therefore the parties agree to settle this matter on the terms set out below and request the Board incorporate the following in a decision as a consent order.

1. A Declaration that the applicant is bound to the collective agreement from May 1, 1998 to April 30, 1001, as between Ontario Sheet Metal and Air Handling Group and Sheet Metal Workers’ International Association and Ontario Sheet Metal Workers’ Conference.

2. A Declaration that the applicant has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement.

3. A Declaration that the applicant has violated the collective agreement mentioned above and in particular articles 8, 21, 9 and Clause 7 of Appendix “A”.

4. An order that the applicant pay to the responding party, as damages, the amount of $10,000.00 as full and final settlement for the above violations of the collective agreement, payable as follows:

a) $500.00 per month for 10 months due on or before the 1st of each month beginning October 1, 2000;

b) the remaining $500.00 shall not become payable unless the applicant is declared by the OLRB to be in violation of any of the above-mentioned articles of the above collective agreement within the next 12 months.

5. An order that if any of the above payments should fall into arrears, the entire amount then outstanding will become due and payable forthwith.

6. An order that should the applicant not remain current in the payment of any contribution, remittance, deduction or any other payment as provided by the aforementioned collective agreement, the entire amount of $5,000.00 less any payments made, will become due and payable forthwith.

Dated at Toronto, this 13th day of September, 2000.

“Rick Bellamy” "Illegible Signature"

Representative for For the Responding Party For Walter B. Enterprises Inc

3Having regard to the Memorandum of Agreement, dated September 13, 2000, between the parties, filed, the Board:

(a) declares that Walter B. Enterprises Inc. is bound to the collective agreement between Ontario Sheet Metal and Air Handling Group and Sheet Metal Workers’ International Association and Ontario Sheet Metal Workers’ Conference effective from May 1, 1998 to April 30, 2001 (the “Collective Agreement”);

(b) declares that Walter B. Enterprises Inc. has agreed to abide by the terms and conditions of the Collective Agreement;

(c) declares that Walter B. Enterprises Inc. has violated Articles 8, 21, 9 and Clause 7 of Appendix “A” of the Collective Agreement;

(d) directs Walter B. Enterprises Inc. to pay to the applicant the sum of $10,000.00 as follows:

i) $500.00 per month for 10 months due on or before the 1st of each month beginning October 1, 2000;

ii) the remaining $5,000.00 upon the Board declaring that Walter B. Enterprises Inc. has violated any of the above-mentioned articles of the Collective Agreement on or before September 15, 2001 and if no declaration is made by that date, the additional $500.00 shall not be paid.

(e) directs that the entire amount of $5,000.00 less payments already made will become due and payable forthwith upon the failure to make a payment on or before the due date;

(f) directs that the entire amount of $5,000.00 less any payments, already made, will become due and payable forthwith should Walter B. Enterprises Inc. not remain current in the payment of contribution, remittance, deduction or any other payment as provided by the aforementioned collective agreement.

“Harry Freedman”

for the Board