3176-99-G Labourers’ International Union of North America, Local 837, Applicant v. 961175 Ontario Limited o/a Hamilton Forming Limited and Halton Forming Limited, Responding Party.
BEFORE: David A. McKee, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; February 14, 2000
- This is an application for the arbitration of a grievance pursuant to section 133 of the Labour Relations Act, 1995, S.O. 1995 ch. 1 (“the Act”). Prior to the hearing scheduled in this matter, the applicant filed a Memorandum of Agreement executed by the parties and requested the Board to incorporate it into a decision of the Board. The Memorandum states as follows:
The parties herein agree with each other as follows and request that the Board incorporate the following in a decision as a consent order.
A Declaration that the Respondent is bound to the collective agreement effective October 1, 1998 between Hamilton Forming Limited “The Employer” and Labourers’ International Union of North America Local 837.
A Declaration that the Respondent has agreed to abide by the full terms and conditions of the above mentioned collective agreement.
A Declaration that the Respondent has violated the collective agreement mentioned above and in particularly [sic] (Articles/section) 3.07.
An order that the Respondent will pay to the Applicant, as damages, the amount of $1,100.00 as full and final settlement for the above violations of the collective agreement.
- and -
An order that payment is to be made to the Applicant on or before March 15, 2000.
Dated at Hamilton this 8th day of February 2000.
“Lou Rocca” “Manuel Bastos”
For the Respondent For the Applicant
Lou Rocca Manuel Bastos
Business Manager
- The Board makes the Declarations and Orders set out above as requested by the parties.
“David A. McKee”
for the Board