3034-99-G International Union of Bricklayers and Allied Craftsworkers, Local 7, Applicant v. Sam Pugliese operating as Marquese Tile and Marble, Responding Party.
BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members J. G. Knight and
G. McMenemy.
DECISION OF THE BOARD; January 24, 2000
- This is an application under section 133 of the Labour Relations Act, 1995. The matter was scheduled to come on for hearing before the Board on January 27, 2000; however, prior to the scheduled hearing the parties were able to settle the matters in dispute between them. That settlement was reduced to writing and reads as follows:
ONTARIO LABOUR RELATIONS BOARD
File No. 3034-99-G
BETWEEN:
International Union of Bricklayers and Allied Craftsworkers,
Local 7
Applicant,
and
Sam Pugliese operating as Marquese Tile and Marble
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.
A Declaration that the Responding party is bound to the collective agreement effective May 1,1998 as between Local 7, IUBAC Provincial Agreement for Ontario for Marble, Tile, Terrazzo, Cement Masons, Resilient Floor Layers and their Helpers.
A Declaration that the Responding party has agreed to abide by the full terms and conditions of the above-mentioned collective agreement.
A Declaration that the Responding party has violated the collective agreement mentioned above and in particular articles 1(a), 5(a), 8(a), 16, 18, 28 and 29(a).
An order that the Responding party pay to the Applicant, as damages, the amount of $37,500.00 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 forthwith.
Dated at Ottawa this 20th day of January, 2000.
(“Sam Pugliese”) (“Dan Plunkett”)
Signature for the Signature for the
Responding party Applicant
Sam Pugliese (Owner) Dan Plunkett Business
Manager IUBAC local 7
Print Name and Title Print Name and Title
- Having regard to the Memorandum of Agreement, the Board hereby makes the consent orders, declarations and directions to which the parties have agreed.
“Inge M. Stamp”
for the Board