International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Columbus Plate Limited, 2000 CanLII 12830

Ontario Labour Relations Board

File No.: 3084-99-G Date: January 27, 2000

Between: International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 (Applicant) v. Columbus Plate Limited and Columbus Plate Works, A Division of Santesso Bros. Iron Works Limited (Responding Parties)

Before: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.

Decision of the Board

1. This is an application under section 133 of the Labour Relations Act, 1995. The matter was scheduled to come on for hearing before the Board on February 1, 2000; however, prior to the scheduled hearing the parties were able to settle the matters in dispute between them. That settlement was reduced to writing and reads as follows:

O.L.R.B. No. 3084-99-G

ONTARIO LABOUR RELATIONS BOARD

IN THE MATTER OF A REFERRAL OF GRIEVANCE

PURSUANT TO SECTION 133 OF THE ACT

BETWEEN:

International Association of Bridge, Structural, Ornamental and

Reinforcing Iron Workers, Locals 736

(the "union")

• and -

Columbus Plate Limited and Columbus Plate Works,

A Division of Santesso Bros. Iron Works Limited

(the "employer")

WHEREAS the Union filed a Referral of Grievance to Arbitration dated January 17, 2000, designated with the above-noted Board File Number;

AND WHEREAS the Employer admits to its delinquency and the parties wish to resolve any differences between them;

AND WHEREAS the parties have been notified of a meeting with a labour relations officer, scheduled for January 31, 2000 and wish to resolve the matter before that time;

THEREFORE the Parties agree as follows and jointly request that the Board make the following orders and declarations in Board File 3084-99-G;

1. The Employer agrees that it is bound to the collective agreement between the Ontario Erectors Association, Incorporated et al. and the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers et al. (the "collective agreement").

2. The employer agrees that it is delinquent and has failed to pay union dues, welfare benefits and pension remittances for the work months of July 1999 through December 1999, contrary to articles 10, 12, 30 and 31 of the collective agreement and that the damages total $54,163.07

3. The Union agrees to waive its entitlement to costs or interest, under the collective agreement, against the Employer.

4. The parties agree that transmission of copies of the signed minutes of settlement by facsimile are acceptable and request that the Board accept copies of these minutes by facsimile independently signed by each of the parties hereto.

Signed and dated at Hamilton and Niagara, this 25th day of January, 2000.

("Ted Pratt")

Mr. Frank Santesso Mr. Ted Pratt

For the Employer For the Union

Columbus Plate Works

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

"Inge M. Stamp"

for the Board