International Union of Operating Engineers, Local 793 v. Elmford Construction Company Limited, 2000 CanLII 13408

1203-00-G International Union of Operating Engineers, Local 793, Applicant v. Elmford Construction Company Limited, Responding Party.

BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and A. Haward.

DECISION OF THE BOARD; August 23, 2000

1. This is an application for the referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995, S.O. 1995, ch. 1, as amended. Prior to the hearing set in this matter, the parties entered into an agreement to settle this matter. This agreement provides as follows:

Memorandum of Settlement

Ontario Labour Relations File No. 1203-00-G

BETWEEN:

INTERNATIONAL UNION OF OPERATING ENGINEERS,

LOCAL 793

(“Applicant”)

• and -

ELMFORD CONSTRUCTION COMPANY LIMITED

(“Responding Party”)

The parties mentioned above agree with each other as follows, and request the Board to issue a Decision in the form of a Consent Order:

1. A Declaration that the Responding Party is bound by the terms and conditions of the Greater Toronto Sewer and Watermain Contractors Association Collective Agreement between the Greater Toronto Sewer and Watermain Contractors’ Association and the International Union of Operating Engineers, Local 793 effective from May 1, 1998 and expiring June 30, 2001;

2. A Declaration that the Responding Party has violated the above-mentioned collective agreement;

3. A Declaration that the Responding Party has agreed to comply with the full terms and conditions of the above-noted collective agreement;

4. An Order that the Responding Party forthwith pay to the Applicant as damages, the amount of $57,345.65 as full and final settlement for the above violations of the Collective Agreement pertaining to the work months of December 1999, November 1999, March 2000, April 2000, and May 2000;

5. An Order that the Responding Party forthwith pay to the Applicant a further amount of $1,755.86 in interest on the damages referred to in paragraph 4 above; and

6. An Order that the Responding Party deliver to the Applicant, forthwith, the outstanding completed remittance forms for the period for June, 2000.

Dated at Toronto, this 21^st day of August, 2000.

“Frank Colucci” “John Monti”

For the Responding Party For the Applicant

ELMFORD CONSTRUCTION INTERNATIONAL UNION

COMPANY LTD. OF OPERATING ENGINEERS,

LOCAL 793

2. Having regard to the agreement of the parties, the Board makes the declarations and orders agreed to by the parties, set out above.

“David A. McKee”

for the Board