Sheet Metal Workers’ International Association Local 235 v. Fraser-Vein Ltd.
3707-99-G Sheet Metal Workers’ International Association Local 235, Applicant v. Fraser-Vein Ltd., Responding Party.
BEFORE: John Morgan Lewis, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; March 28, 2000
1The 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.
2Prior to the hearing in this matter the parties entered into the following memorandum of agreement:
ONTARIO LABOUR RELATIONS BOARD
OLRB File No. 3707-99-G
BETWEEN:
Sheet Metal Workers’ International Association, Local 235
Applicant,
‑ and ‑
Fraser-Vein Ltd.
Respondent.
MEMORANDUM OF AGREEMENT
WHEREAS the Union filed a grievance dated February 25, 2000 against the Respondent alleging that the employer had failed or refused to make the proper contributions required under the collective agreement between the Ontario Sheet Metal and Air Handling Group and the Ontario Sheet Metal Workers’ Conference and the Sheet Metal Workers’ International Association;
AND WHEREAS the OLRB found that the Employer did violate the collective agreement but remained seized on the issue of quantum owing;
AND WHEREAS the parties wish to resolve these matters;
THE PARTIES agree as follows:
The Respondent is bound to the collective agreement between the Ontario Sheet Metal and Air Handling Group and the Ontario sheet Metal Workers’ Conference and the Sheet Metal Workers’ International Association (the “Sheet Metal collective agreement”).
The Respondent agrees to pay forthwith to the union sixteen thousand two hundred and eighty-eight dollars and fifty-four cents ($16,288.54).
The Parties request this be incorporated into a Consent Order of the Ontario Labour Relations Board.
Dated this 27 day of March, 2000.
“Rene Vien” . “Jerry Raso” .
Signature for the Signature for the
Applicant Union Respondent Company
Print name – “Rene Vien” Print name – “Jerry Raso”
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 Fraser-Vein Ltd. is bound to the collective agreement between the Ontario Sheet Metal and Air Handling Group and the Ontario Sheet Metal Workers’ Conference and the Sheet Metal Workers’ International Association;
orders that Fraser-Vein Ltd. pay to the applicant as damages, the amount of $16,288.54 forthwith.
"John Morgan Lewis"
for the Board