2884-99-G Labourers’ International Union of North America, Local 837, Applicant v. 949590 Ontario Inc. operating as Battaglia Contracting, Responding Party.
BEFORE: Christopher J. Albertyn, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; January 17, 2000
This is a construction industry grievance filed pursuant to section 133 of the Labour Relations Act, 1995 (“the Act”).
The parties have concluded two Memorandums of Settlement which resolves the matter. The first (“the first agreement”) reads:
File No. 2884-99-G
Between:
Labourers’ International Union of North America, Local 837
Applicant,
and
Battaglia Contracting (1999) Inc.
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 Jan./99 to Dec. 31/2001 as between Battaglia Contracting (1999) Inc. and the Labourers’ International Union of North America, Local 837.
A Declaration that the RespondingParty 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 3, 16, 19 and 20.
An order that the Responding Party will pay to the Applicant, as damages, the amount of $47,638.87 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 in accordance with the following schedule:
Dec. 23/99 - $10,000.00
Jan. 10/00 - $10,000.00
Jan. 24/00 - $10,000.00
Feb. 7/00 - $10,000.00
Feb. 21/00 - $7,638.87
Should the Responding Party not remain current in the remittances as and when required by the collective agreement or should the Responding Party miss one of the above-noted payments the full amount due, less any payment received, shall become due and payable.
This settlement does not affect the issue of Manuel Aruda and Pedro Ferreira. The parties have agreed to review their records and resolve the outstanding issues with respect to Aruda and Ferreira.
This settlement does not affect or settle the issues with respect to the grievance and referral of grievance for Christian Crayford. If this issue does not resolve by Jan. 7/00 then it will proceed to hearing on Jan. 12/00.
Dated at Hamilton this 30th day of December, 1999.
(“Joe Matozzo” - President) (“Daniel Randazzo” – Counsel)
Signature for the Responding Signature for the Applicant
Party
- The second Memorandum of Agreement was concluded on January 7, 2000 (“the second agreement”). It reads:
MINUTES OF SETTLEMENT
File no. 2884-99-G
BETWEEN:
Labourers’ International Union of North America, Local 837
Applicant,
-and-
Battaglia Contracting (1999) Inc.
Responding Party.
Whereas the Applicant in this matter alleged tht 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:
The Responding Party acknowledges that they are bound to the collective agreement between Battaglia Contracting (1999) Inc. and Labourers’ International Union of North America, Local 837 effective January 1, 1999 to December 31, 2001.
The Responding Party acknowledges that they violated the above noted collective agreement and in particular Articles 3, 16, 19, and 20.
The Responding Party agrees to make the payments in accordance with Responding Party’s letter dated January 5, 2000. This letter is attached to these Minutes of Settlement and forms part of the Minutes of Settlement.
The parties agree that the OLRB should issue a consent order as provided by the parties’ Memorandum of Agreement dated December 30, 1999.
These Minutes of Settlement together with Memorandum of Agreement dated December 30, 1999 form a full and final settlement of the grievances giving rise to the grievance referral having Board file no. 2884-99-G.
Dated at Hamilton this 7th day of January 2000.
(“Joe Matozzo”) (“Daniel Randazzo”)
For the Responding Party For the Applicant
- The amount owing by the responding party to the applicant referred in the responding party’s letter of January 5, 2000 (referred to in paragraph 3 of the second agreement) is $4,137.80, made up as follows:
to the benefit fund in respect of Mr. Crayford: $2,848.86
in respect of check off dues for Mr. Crayford: $ 289.04
in respect of Mr. Emanuel Arruda: $ 774.90
in respect of Mr. Pedro Ferreira: $ 225.00
In the said letter the amount of $2,639.45 (less union dues deduction of $289.04) is owing by the responding party to Mr. Crayford.
By consent, the Board makes the declarations sought in paragraphs 1 and 3 of the first and second agreements.
By consent, the Board makes the following orders:
(a) those sought in paragraphs 4 and 5 of the first agreement;
(b) payment of the amounts referred to in paragraphs 4 and 5 hereof.
- This determines the matter.
“Christopher J. Albertyn”
for the Board