Ontario Labour Relations Board
Parties
3591-98-G The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46, Applicant v. Marsil Mechanical Inc., Responding Party.
1879-99-U Teddy Petrushevski and Adrian Torti, Applicants v. Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada (“O.P.C.”) and The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada (“U.A.”), Responding Parties.
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; March 23, 2000
Decision
1Board File No. 3591-98-G is a referral of 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”). Board File No. 1879-99-U is an application under section 96 of the Act.
2Prior to the hearing in these matters the parties entered into the following minutes of settlement:
Minutes of Settlement
Between:
Marsil Mechanical Inc.
(the “Employer”)
‑ and ‑
The United Association of Journeyman and Apprentices of the Plumbing and Pipefitting Industry of the United States & Canada, Local 46, and The Ont. Pipe Trades Council of the U.A.
(the “Union”)
Teddy Petrushevski and Adrian Torti
(the “Employees”)
The Employer, the Union and the Employees (the “Parties”) agree to resolve all outstanding issues raised in OLRB File Nos. 3591-98-G and 1879-99-U as follows:
Upon application for membership and the payment of the “initiation fee” (detailed below), as well as first month’s dues, the Union will accept both of the Employees into membership in Local 46. The “initiation fee” for Adrian Torti will be five hundred dollars ($500.00) and the initiation fee for Teddy Petrushevski will be three hundred dollars ($300.00).
The Employees agree that they will make such application on or before March 31, 2000.
The Employer shall pay to the Union as damages the amount of seven thousand five hundred dollars ($7,500.00). The payment of these funds shall be structured as follows:
April 1, 2000 $2000.00 (two thousand)
May 1, 2000 $2000.00 (two thousand)
June 1, 2000 $2000.00 (two thousand)
July 1, 2000 $1500.00 (one thousand five hundred)
- These Minutes represent full and final settlement of all outstanding grievances and/or matters between the Parties as at the date of these Minutes. This settlement is without prejudice or precedent, and is without any admission of liability on the part of any person or party.
Dated at Toronto this 22nd day of March, 2000.
“Jim Boyle” . “Marco Grande” .
For the Union For the Employer
“Adrian Torti” . “Teddy Petrushevski” .
Adrian Torti Teddy Petrushevski
- The Parties consent to this settlement being made an Order of the Board.
“Jim Boyle” .
“Marco Grande” .
3Having 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:
declares that upon application for membership and the payment of the “initiation fee” (detailed below), as well as first month’s dues, Local 46 will accept Teddy Petrushevski and Adrian Torti into membership in Local 46. The “initiation fee” for Adrian Torti will be five hundred dollars ($500.00) and the “initiation fee” for Teddy Petrushevski will be three hundred dollars ($300.00);
declares that Teddy Petrushevski and Adrian Torti agree that they will make such application on or before March 31, 2000;
orders Marsil Mechanical Inc. pay to Local 46 as damages the amount of seven thousand five hundred dollars ($7,500.00). The payment of these funds shall be structured as follows:
April 1, 2000 $2000.00 (two thousand)
May 1, 2000 $2000.00 (two thousand)
June 1, 2000 $2000.00 (two thousand)
July 1, 2000 $1500.00 (one thousand five hundred)
"John Morgan Lewis"
for the Board```