Labourers’ International Union of North America, Local 837 v. King Forming, 2000 CanLII 12046

3053-99-G Labourers’ International Union of North America, Local 837, Applicant v. King Forming, Responding Party.

BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members J. G. Knight and

G. McMenemy.

DECISION OF THE BOARD; January 24, 2000

1. 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 31, 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:

MEMORANDUM OF SETTLEMENT

File No. 3053-99-G

BETWEEN:

Labourers’ International Union of North America, Local 837

Applicant,

-and-

King Forming

Responding Party.

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 Ontario Labour Relations Board to incorporate the following in a decision as a consent order.

1. A Declaration that the Responding party is bound to the collective agreement between King Forming and Labourers’ International Union of North America, Local 837 September 1, 1998 to April 30, 2001.

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

3. A Declaration that the Responding party has violated the collective agreement mentioned above and in particular article 3.

4. An order that the Responding party will pay the Applicant, as damages, the amount of $8,022.88 as full and final settlement for the above noted violations of the collective agreement.

5. An order that the payment referred to in paragraph 4 is to be made forthwith.

Dated at Hamilton this 19^th day of January, 2000.

(“Illegible Signature”) (“Illegible Signature”)

Signature for the Signature for the

Responding party Applicant

2. Having regard to the Memorandum of Settlement, the Board hereby makes the consent orders, declarations and directions to which the parties have agreed.

“Inge M. Stamp”

for the Board