1578-99-G Carpenters and Allied Workers Local 27 United Brotherhood of Carpenters and Joiners of America, Applicant v. Lopes Drywall & Acoustics Inc., Responding Party.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members A. Haward and J. G. Knight.
DECISION OF THE BOARD; March 13, 2000
1On the second scheduled day of the hearing in this matter, March 10, 2000, the parties entered into minutes of settlement which provide as follows:
Minutes of Settlement
Between:
Carpenters and Allied Workers Local 27
United Brotherhood of Carpenters
and Joiners of America
(the "Union")
- and -
Lopes Drywall & Acoustics Inc.
(the "Employer")
Whereas the Union referred two grievances to arbitration pursuant to s. 133 of the Ontario Labour Relations Act, 1995, being Board File No. 1578-99-G (the "Grievances");
And Whereas the parties wish to settle all outstanding matters with respect to the Grievances;
Now therefore, the parties agree as follows in full and final settlement of the Grievances:
- The Employer agrees to pay to the Union a total amount of $15, 000, payable as follows:
a) $7,500 will be paid to the Union by certified cheque on Friday, March 10, 2000; and
b) $7,500 will be paid to the Union on or before Sept 10, 2000.
The Employer acknowledges that it is bound to the Carpenters Provincial Collective Agreement between the Carpenters Employer Bargaining Agency & the Carpenters District Council of Ontario (the "Carpenters Provincial Agreement").
The Employer agrees that work involved in the assembly, erection and dismantling of scaffolding is covered by the Carpenters Provincial Agreement, and that it will be assigned to members of the Union in the future.
In entering into these Minutes of Settlement, the Employer agrees that it has violated the Carpenters Provincial Agreement in respect of the Grievances.
The parties agree that these Minutes of Settlement will be made a Consent Order of the Labour Board.
Dated this 10^th^ day of March, 2000.
"Lister Tennnat" "Richard Lopes"
"Union " "Employer" Richard Lopes
2Having regard to the minutes of settlement the Board makes the following declarations, orders and directions:
(i) the employer is bound to the Carpenters Provincial Collective Agreement between the Carpenters Employer Bargaining Agency and Carpenters District Council of Ontario (the "Carpenters Provincial Agreement");
(ii) the employer has violated the Carpenters Provincial Collective Agreement in respect of the grievances;
(iii) the responding party ("the employer") is to pay to the applicant ("the union") $15,000.00, payable as follows:
a) $7,500,00 will be paid to the union by certified cheque on Friday, March 10, 2000; and
b) $7,500.00 will be paid to the union on or before September 10, 2000.
(iv) work involved in the assembly, erection and dismantling of scaffolding is covered by the Carpenters Provincial Agreement, and will be assigned by the employer to members of the union;
(v) this matter is terminated.
"Patrick Kelly"
for the Board