United Brotherhood of Carpenters and Joiners of America, Local 446 v. Labourers’ International Union of North America, Local 1036, 2000 CanLII 12203

United Brotherhood of Carpenters and Joiners of America, Local 446 v. Labourers’ International Union of North America, Local 1036 and Bill Suppa

3821-99-U United Brotherhood of Carpenters and Joiners of America, Local 446, Applicant v. Labourers’ International Union of North America, Local 1036 and Bill Suppa, Responding Parties.

BEFORE: D. L. Gee, Vice-Chair.

DECISION OF THE BOARD; March 27, 2000

1This matter is an application regarding an unlawful strike or lock-out which was scheduled for hearing on Friday, March 24, 2000. Prior to the commencement of the hearing, the parties entered into the Minutes of Settlement that provide as follows:

MINUTES OF SETTLEMENT

File No. 3821-99-U

Between:

United Brotherhood of Carpenters and Joiners of America,

Local 446

Applicant,

• and -

Labourers’ International Union of North America,

Local 1036

• and -

Bill Suppa

Responding Parties

The parties hereby agree to adjourn the hearing in the above-referenced matter on the following basis:

1. The parties acknowledge and agree that the assignment of all work in connection with the tending of employees (members of the applicant) engaged in the erection and dismantling of scaffolding at the Station Mall job site in Sault Ste. Marie, Ontario (the job site which is the subject of the application) was to members of the applicant.

2. The parties agree that said assignment shall be preserved unless and until it is overturned by the OLRB in a section 99 proceeding or any other proceeding or settlement to which the applicant and the responding party, Labourers’ International Union of North America, Local 1036 are participants. The parties agree that this agreement is without prejudice to any position that the parties may take in any such proceeding on the issue of what the appropriate assignment should be.

3. Any party may request that this application be rescheduled for hearing only in the event of any further allegation of breaches of section 144 or 83 of the Act (none of which are admitted by either of the responding parties) or in the event of any alleged violations of this settlement, on 48 hours notice, provided that the applicant will not raise any objection to the timeliness of the responding party’s response.

4. The parties hereby request the Board to incorporate this settlement as its own order.

Dated at Toronto this 24^th day of March, 2000.

(“Illegible Signature”)

For the Applicant

(“Andrea Bowker”)

For Labourers’ Local 1036 (by their solicitors

Sack, Goldblatt, Mitchell,

(“Andrea Bowker”) per: Andrea Bowker)

For Bill Suppa

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

3This matter is hereby adjourned sine die for a period not exceeding one year. Unless within that time either party requests that the Board proceed with the matter, it will be deemed terminated without any further notice to the parties.

4I am not seized.

“D. L. Gee”

for the Board