United Brotherhood of Carpenters and Joiners of America, Local 494 v. CH Industries Ltd., 2000 CanLII 1285

2666-99-G United Brotherhood of Carpenters and Joiners of America, Local 494, Applicant v. CH Industries Ltd., Respoanding Party.

BEFORE: M. A. Nairn, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.

DECISION OF THE BOARD; January 6, 2000

1. The applicant has referred a grievance concerning the interpretation, application, administration or alleged violation of a collective agreement to the Board for final and binding determination pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”).

2. Prior to the hearing in this matter the parties entered into the following memorandum of agreement:

Board File No. 2666-99-G

In a Matter of a Referral to Arbitration under Section 133 of the Act

B E T W E E N

United Brotherhood of Carpenters and Joiners of America, Local 494

(the “union)

• and -

CH Industries Inc.,

(the “employer”)

MINUTES OF SETTLEMENT

WHEREAS the union referred two grievances to arbitration under Section 133 of the Ontario Labour Relations Act:

AND WHEREAS the union and the employer wish to settle the grievances without litigation:

The union and the employer agree as follows and request that the Board incorporate their agreement in a decision as a consent order:

1. The employer is bound to the Carpenters’ Provincial Collective Agreement (the “collective agreement”)

2. The employer has violated the collective agreement and agrees to pay to the union $4000.00 as damages for such violations. The employer further agrees to pay $600.00 as legal costs

3. A cheque in the amount of $4600.00 payable to the union will be delivered to the union in such a manner as to ensure receipt by the union on or before December 23, 1999. Upon receipt of the cheque, the union will advise the Board that the matter has been settled.

Dated at Sarnia this 22^nd^ day of December, 1999.

“Jack McDowell” “Ron Carlton”

For the union For the employer

3. Having regard to the memorandum of agreement, to the representations before it and pursuant to section 133 of the Labour Relations Act, 1995, the Board makes the following determination:

(a) declares that CH Industries Ltd. is bound to the Carpenters’ Provincial Collective Agreement (the “collective agreement”);

(b) declares that CH Industries Ltd. has violated the collective agreement;

(c) orders CH Industries Ltd. to pay to the union on or before December 23, 1999 the amount of $4,600.00.as damages for the said violations

“M. A. Nairn”

for the Board