3424-99-G Sheet Metal Workers International Association, Local Union No. 285, Applicant v. 1014097 Ontario Limited c.o.b. as Acu-Vent Air Systems, Responding Party.
BEFORE: David A. McKee, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; April 13, 2000
- This is a referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995, S.O. 1995, ch. 1 (the “Act”). Prior to the hearing commencing, the parties entered into Minutes of Settlement which, with the exclusion of Appendix “A”, provide as follows:
MEMORANUDM OF AGREEMENT
The parties agree with each other as follows and request that 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 September 14, 1998 to April 30, 2001 as between Sheet Metal Workers’ International Association Local Union No. 285 and Toronto-Residential Air Handling Group (the “collective agreement”).
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 5.5, 13, 26.3, 28 and 29 of the collective agreement.
An order that the Responding Party will pay forthwith to the Applicant, as damages, the amount of $5285.29 (Gross) $3623.92 net representing wages and vacation pay owing to employees.
An order that the Responding Party pay forthwith to the Applicant, as damages, $11,201.74 representing benefits owing for January, February and March, 2000.
An order that the Responding Party pay forthwith to the Applicant $608.00 for dues for January, February and March, 2000.
The Parties agree that in the event that the amounts set out in paragraphs 4, 5 and 6 are not paid in their entirety, by April 19, 2000, the Applicant may send the Letter of Direction attached hereto as Appendix “A” to:
Lomax Management Inc.
Diamante Development Corporation
The Applicant agrees that it will not send this Letter of Direction to Lomax Management Inc. or Diamante Development Corporation before April 20, 2000.
- Having regard to the agreement of the parties, the Board hereby makes the orders and declarations as agreed to in the Minutes of Settlement.
“David A. McKee”
for the Board