Labourers’ International Union of North America, Local 183 v. Fourwinds Construction Inc., 2000 CanLII 11927

1334-99-G; 1346-99-R Labourers’ International Union of North America, Local 183, Applicant v. Fourwinds Construction Inc. and/or, Tojoro Construction Ltd., Responding Party.

BEFORE: Marcy Ellen Cummings, Alternate Chair.

DECISION OF THE BOARD; April 12, 2000

1. This is an application seeking relief pursuant to section 69 and 1(4) of the Labour Relations Act, 1995 (the “Act”) and a referral to arbitration of a grievance in the construction industry, pursuant to section 133 of the Act.

2. Prior to the hearing, the parties entered into the following Minutes of Settlement, which they have asked the Board to incorporate into an order:

MINUTES OF SETTLEMENT

BETWEEN:

UNIVERSAL WORKERS UNION, L.I.U.N.A. LOCAL 183

(the “Union”)

• and -

TOJORO CONSTRUCTION LTD.

(the “Company”)

Ontario Labour Relations Board File No. 1334-99-G

Ontario Labour Relations Board File No. 1346-99-R

WHEREAS the Union referred a grievance against Fourwinds Construction Inc. and/or Tojoro Construction Ltd. to arbitration under section 133 of the Labour Relations Act (the “Act”), OLRB File No. 1334-99-G (the “Grievance”); and

WHEREAS the Union filed an Application under Section 69 and/or Section 1(4) of the Act with respect to Fourwinds Construction Inc. and/or Tojoro Construction Ltd., OLRB File No. 1346-99-R (the “Application”);

THEREFORE the Parties hereto agree to fully and finally settle the Grievance and the Application on the terms set out below:

1. The Parties agree to settle the Application on the basis that the Company hereby agrees that it is bound to and shall apply all of the terms and conditions of the Union’s standard collective agreement in the concrete and drain portion of the residential sector of the construction industry, being the collective agreement between the Concrete & Drain Contractors’ Association and the Labourers’ International Union of North America, Local 183, effective on its face from May 1, 1998 to April 30, 2001 and thereafter according to its terms and by statute;

2. The Parties agree that the Union will not pursue, now or in the future, any grievance related to the subject matter of the Grievance and that the Union will withdraw the Grievance;

3. The Parties request that the Ontario Labour Relations Board incorporate their agreements as follows in a decision as a consent order:

a) A Declaration that the Company is bound to the Union’s standard collective agreement in the concrete and drain portion of the residential sector of the construction industry, being the collective agreement between the Concrete & Drain Contractors’ Association and the Labourers’ International Union of North America, Local 183, effective on its face from May 1, 1998 to April 30, 2001;

b) A Declaration that the Company has agreed to abide by the full terms and conditions of the Collective Agreement;

c) A Declaration that the Grievance, Ontario Labour Relations Board File No. 1334-99-G is withdrawn.

Signed at Toronto, this 8^th day of April, 2000

“Joe Memme” General Manager “Durval Terceira” Business Representative

For the Company For the Union

Joe Memme Durval Terceira

3. Having regard to the to the parties’ Minutes the Board:

(a) declares that Tojoro Construction Ltd. is bound to the union’s standard collective agreement in the concrete and drain portion of the residential sector of the construction industry, being the collective agreement between the Concrete & Drain Contractors’ Association and the Labourers’ International Union of North America, Local 183, effective on its face from May 1, 1998 to April 30, 2001;

(b) declares that Tojoro Construction Ltd. has agreed to abide by the full terms and conditions of the collective agreement.

4. The Board grants leave to withdraw Board File No. 1334-99-G. Board File No 1346-99-R is hereby terminated

“Mary Ellen Cummings”

for the Board