3470-99-G Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Bondfield Construction Company (1983) Limited, Responding Party.
BEFORE: D.L. Gee, Vice-Chair.
DECISION OF THE BOARD; March 24, 2000
1This matter is a referral of grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”).
2Having regard to a memorandum of agreement entered into by the parties on March 20, 2000, the Board hereby makes the following orders and declarations:
the Board declares that the responding party is bound to the Provincial ICI Collective Agreement between the Carpenters Employer Bargaining Agency and the Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners of America effective May 1, 1998 to April 30, 2001 (the “Carpenters Provincial Collective Agreement”);
the Board declares that, for the purposes of this grievance, the work which forms the subject matter of the grievance is the installation of overhead tracking systems designed for patient transportation at the York Central Hospital and this work is covered by the work jurisdiction clause, article 19 of the Carpenters Provincial Collective Agreement;
the Board declares that the responding party has violated the Carpenters Provincial Collective Agreement by failing to subcontract the work that is the subject matter of this grievance to an employer bound to the Carpenters Provincial Collective Agreement;
the Board orders that, for the purposes of this grievance, the responding party shall employ one member in good standing of Carpenters Local 27 starting March 21, 2000 or as soon thereafter as Carpenters Local 27 can supply a member in good standing to perform the work which forms the subject matter of this grievance for the duration that the work is required to be performed at the York Central Hospital. The applicant shall not and may not assert that this member is employed by a corporation or business other than the responding party;
the hearing of this matter is hereby adjourned to April 19, 2000 at which time the Board will deal with the issue of the quantum of damages owing and the responding party is entitled to raise any issue that relates to whether it owes any damages at all provided that the applicant is given seven days notice. The Board notes that the agreement to permit the responding party to raise such issues is not an acknowledgement by the applicant that there is any validity to the issues raised.
3The Board notes the agreement of the parties that the responding party will forthwith file a Notice/Request for Hearing with the required fee and that the applicant will not object to this.
4The hearing of this matter on April 19, 2000 will be held at the Board’s offices located at 505 University Ave., 2nd Floor, Toronto, Ontario, commencing at 9:30 a.m. This panel is not seized.
“D.L. Gee”
for the Board