Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. M & J Tile, 2000 CanLII 13035

0895-00-G Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. M & J Tile, Responding Party.

BEFORE: Christopher J. Albertyn, Vice-Chair, and Board Members G. Pickell and A. Haward.

DECISION OF THE BOARD; July 27, 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.

2. The parties have concluded Minutes of Settlement which read:

MINUTES OF SETTLEMENT

BETWEEN:

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America the "Applicant"

• and –

Murray Scholten o/a M & J Tile the "Responding Party"

OLRB File No. 0895-00-G

WHEREAS the Applicant has filed the above-noted grievance against the Responding Party and the Ontario Labour Relations Board has issued an interim decision in this matter dated July 11, 2000 and found the Responding Party is bound to the collective agreement referred to in paragraph 1 below;

AND WHERAS the Responding Party acknowledges it is bound to this collective agreement;

AND WHEREAS the parties wish to make arrangements to further harmonious labour relations and resolve the issues raised in this grievance;

NOW THEREFORE the parties agree as follows and request that the Board make the following declarations and orders endorsed in a decision as a consent order:

1. A Declaration that the Applicant and the Responding Party are bound by the collective agreement ("the EBA Agreement") between the Carpenters Employer and Employee Bargaining Agencies effective from May 1, 1998 to April 30, 2001.

2. A Declaration that the Responding Party has violated Articles 6, 8, 9 and 10 of the EBA Agreement in that it has not made the appropriate remittances of vacation pay and trust fund contributions in respect of the carpenters' work performed on the Projects listed in paragraph 2 of the aforesaid decision of the Ontario Labour Relations Board.

3. An Order that the Responding Party agrees to pay to the Applicant the sum of $5,790.95 as damages arising from the said violations of the aforesaid collective agreement forthwith.

4. The parties are agreed that the settlement herein does not preclude a review of the Responding Party's remittances for accuracy by the Applicant's Trust Fund Administrator and/or the Resilient Floor Workers' Local 27 Board of Trustees.

DATED at Toronto this 25th day of July, 2000.

FOR THE APPLICANT FOR THE RESPONDING PARTY

("Sandra Savery") ("Murray Scholten")

Sandra Savery Murray Scholten

Benefits Administrator Owner

Accordingly, by consent, the Board:

1. makes the declarations sought by the parties in paragraphs 1 and 2 of the Minutes of Settlement;

2. issues the order sought in paragraph 3 of the Minutes of Settlement.

"Christopher J. Albertyn"

for the Board