Labourers’ International Union of North America, Local 183 v. Osler Paving & Construction Ltd., 2000 CanLII 1156

0892-00-G Labourers’ International Union of North America, Local 183, Applicant v. Osler Paving & Construction Ltd., Responding Party.

BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members G. Pickell and G. McMenemy.

DECISION OF THE BOARD; July 12, 2000

1. This a referral of a grievance in the construction industry pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”).

2. Prior to the hearing, the parties entered into Minutes of Settlement and requested that their agreement be incorporated into a consent order. The parties have agreed as follows:

ONTARIO LABOUR RELATIONS BOARD

File No. 0892-00-G

BETWEEN:

Labourers’ International Union of North America, Local 183

Applicant,

‑ and ‑

Osler Paving & Construction Ltd.,

Responding Party.

MEMORANDUM OF AGREEMENT

Whereas the Applicant in this matter alleged that the Responding party is bound to the collective agreement(s) referred to in paragraph 1 below;

And whereas the Responding party acknowledges that it is bound to this/these agreement(s);

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 Responding party is bound to the collective agreement effective May 1, 98 to April 30, 2001 as between MTRBA and Labourers’ International Union of North America, Local 183.

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

3. A Declaration that the Responding party has violated the collective agreement mentioned above and in particular articles IIIB, VIII, XVI, XXB, XIX and article 3 of schedule A of the collective agreement.

4. An order that the Responding party pay to the Applicant, as damages, the amount of $41,981.25 as full and final settlement for the above violations of the collective agreement.

• and –

An order that payment is to be made to the Applicant $10,000 per week (x3)

(1) commencing July 3, 2000 and final payment of $11,981.25 - July 23, 2000.

(2) June payment to be made by July 31, 2000.

(3) Failure to adhere to any of these arrangements constitutes violation of this agreement. Consequently all amounts shall become due and owing immediately.

Dated at Toronto this 29th day of June, 2000.

“C. Piersanti” “Michael O’Brien”

Signature for the Signature for the

Responding Party Applicant

C. Piersanti Michael O’Brien

Print Name and Title Print Name and Title

3. Having regard to the agreement of the parties, the Board makes the following declarations and orders:

4. declares that the responding party is bound to the collective agreement effective May 1,1998 to April 30, 2001 as between MTRBA and Labourers’ International Union of North America, Local 183;

5. declares that the responding party has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement;

6. declares that the responding party has violated the collective agreement mentioned above and in particular articles IIIB, VIII, XVI, XXB, XIX and article 3 of schedule A of the collective agreement;

7. orders that the responding party pay to the applicant, as damages, the amount of $41,981.25 as full and final settlement for the above violations of the collective agreement.

“Mary Ellen Cummings

for the Board