Carpenters and Allied Workers, Local 27 United Brotherhood of Carpenters and Joiners of America v. 1328156 Ontario Limited and Resici Group Inc.
1316-00-G Carpenters and Allied Workers, Local 27 United Brotherhood of Carpenters and Joiners of America Applicant v. 1328156 Ontario Limited and Resici Group Inc., Responding Parties.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; August 17, 2000
1This is an application under section 133 of the Labour Relations Act, 1995 (“Act”). The matter was scheduled to come on for hearing before the Board on August 16, 2000; however, on the scheduled day of hearing the parties met and entered into a Memorandum of Agreement That agreement was reduced to writing and reads as follows:
ONTARIO LABOUR RELATIONS BOARD
File No. 1316-00-G
BETWEEN
Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America,
Applicant,
and
1328156 Ontario Limited,
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 consent order.
- A Declaration that the Responding Party is bound to the collective agreement effective May 1, 1998 to April 30, 2001 as between The Carpenters District Council of Ontario and the Carpenters Employer Bargaining Agency.
2A Declaration that the Responding Party has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement.
3A Declaration that the Responding Party has violated the collective agreement mentioned above and in particular articles 8, 9, 10, and the Local 27 Board Area #8 Schedule.
4An order that the Responding Party pay to the Applicant, the amount of $40,000.00 as an interim partial settlement for the above violations of the collective agreement.
-and-
An order that payment is to be made to the Applicant forthwith.
5A Declaration that the subpoena served by the Applicant upon Lisa Piccin remains fully binding in all respects for the hearing date in this matter to be rescheduled to August 30, 2000.
6The parties agree that the sole issue remaining for the August 30, 2000 hearing shall be the determination of such additional moneys as may be owing pursuant to the violations of the collective agreement referred in paragraph 3 herein, if any.
Dated at Toronto this 16th day of August, 2000.
(“Jack J. Scavuzzo”) (“Jack Slaughter”)
Signature for the Signature for the
Responding party Applicant
Jack J. Scavuzzo Jack Slaughter – General Counsel
Print Name and Title Print Name and Title
General Manager
Having regard to the Memorandum of Agreement, the Board hereby makes the consent orders, declarations and directions to which the parties have agreed.
This matter will be rescheduled for hearing on Wednesday, August 30, 2000, commencing at 9:30 a.m. in the "Board Room", 2nd Floor, 505 University Avenue, Toronto, Ontario.
This panel of the Board is not seized in this matter.
“Inge M. Stamp”
for the Board