Labourers’ International Union of North America, Local 183 v. 3 G Framing
File No.: 0749-99-G Before: John Morgan Lewis, Vice-Chair. Decision of the Board: April 13, 2000
1On July 8, 1999, the Board issued a decision which incorporated the terms of Minutes of Settlement entered into by the parties in resolution of a referral of a grievance under section 133 of the Labour relations Act, 1995 (the “Act”). The Minutes of Settlement provided, inter alia, that the responding party was to pay the sum of $8,100.81 to the applicant in trust on behalf of four individuals who were members of the applicant and who had not been paid by the responding party in accordance with the applicable collective agreement.
2The Board has received correspondence dated March 17, 2000 from Guiseppe Tesolin, one of the four individuals named in the Minutes of Settlement, seeking to have the Board enforce the aforementioned Minutes of Settlement pursuant to section 96(7) of the Act. According to Mr. Tesolin, the responding party has not fully complied with the Minutes of Settlement as it has not paid the full amount of $8,100.81 to the applicant.
3Assuming without deciding that Mr. Tesolin has standing to seek the enforcement of the Minutes of Settlement under section 96(7) of the Act, the Board makes the following observation. Typically, the relief awarded by the Board in an application under section 96(7) is to give effect to the terms of a settlement. That result has already been achieved in this case as the Minutes of Settlement executed by the parties have already been incorporated as a consent order in the Board’s decision dated July 8, 1999. Therefore, there is little more to be gained by seeking relief under section 96(7) of the Act. The next step would normally be for an affected party such as Mr. Tesolin, to rely upon section 96(6) of the Act and seek to enforce the Board’s decision by filing it in the Ontario Court (General Division).
4Should Mr. Tesolin choose to continue to seek enforcement of the Minutes of Settlement under section 96(7), he is advised that his letter dated March 17, 2000 cannot be processed by the Board as it was not filed in accordance with the Board’s Rules of Procedure. The Registrar is directed to provide to Mr. Tesolin, along with a copy of this decision, the following documents:
Application Regarding Failure to Comply with Terms of Settlement (Form A-43);
A blank copy of a Response to Application Regarding Failure to Comply with Terms of Settlement (Form A-44); and
Notice to Responding Party and/or Affected Party of Application Regarding Failure to Comply with Terms of Settlement (Form C-21) with the names of the parties and the date inserted.
A copy of the Board’s Rules of Procedure.
5I am not seized.
“John Morgan Lewis”
for the Board