3810-99-G United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787, Applicant v. Major Air Systems Ltd., Responding Party.
BEFORE: Marilyn Silverman, Vice‑Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; April 11, 2000
The 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.
Prior to the hearing in this matter, the parties entered into a Memorandum of Agreement dated April 3, 2000 which reads as follows:
ONTARIO LABOUR RELATIONS BOARD
File No. 3810-99-G
BETWEEN:
United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787
Applicant,
‑ and ‑
Major Air Systems Ltd.,
Responding Party.
MEMORANDUM OF AGREEMENT
Whereas the Applicant in this matter alleged that the Responding Party is bound to the collective agreement(s) referred to in paragraph 1 below;
And whereas the Responding Party acknowledges that it is bound to this/these agreement(s);
Therefore the parties agree to settle this matter on the terms set out below and request the Board incorporate the following in a decision as a consent order.
A Declaration that the Responding Party is bound to the I.C.I. and Non I.C.I. Construction, Services and Maintenance collective agreement effective May 1, 1998 as between U.A. Local 787 and O.R.A.C.
A Declaration that the Responding Party has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement.
A Declaration that the Responding Party has violated the collective agreement mentioned above and in particular articles 15, 16, 17, 18, 19, 20 and 21.
An order that the Responding Party pay to the Applicant, as damages, the amount of $26,148.52 inclusive of $1,250.00 in late payment and referral costs as full and final settlement for the above violations of the collective agreement.
An order that payment is to be made to the Applicant as per the attached payment schedule.
Dated at Toronto this 3rd day of April.
“Gord Pritchard” “L. Steinberg, Counsel”
Signature for the Signature for the
Responding Party Applicant
Gord Pritchard L. Steinberg, Counsel
Print Name and Title Pres. Print Name and Title
Schedule “A”
An order that the employer is to pay the aforementioned amount of $26,148.52 in three installments as follows:
on or before the 20th day of each month
on the 20th of May 2000 - $8,716.17
on the 20th of June 2000 - $8,716.17
on the 20th of July 2000 - $8,716.18
An order that if any of the above payments should fall into arrears, the entire amount then outstanding will become due and payable forthwith.
An order that should the responding party not remain current in the payment of any contribution, remittance, deduction or any other payment as provided by the aforementioned collective agreement, the entire amount of $26,148.52, less any payments made, will become due and payable forthwith.
“L. Steinberg Counsel” “Gord Pritchard”
Signature for the Signature for the
Applicant Responding Party
L. Steinberg, Counsel Gord Pritchard, Pres.
Print Name and Title Print Name and Title
- Having regard to the Memorandum of Agreement, the material before it and section 126 of the Labour Relations Act, 1995, S.O. 1995, c.1 (‘the Act’) the Board makes the following declarations and direction:
(a) The Board declares that Major Air Systems Ltd. is bound to the I.C.I. Construction and Non I.C.I Construction, Service and Maintenance collective agreement effective May 1, 1998 between U.A. Local 787 Refrigeration Workers of Ontario United Association and O.R.A.C. Ontario Refrigeration and Air Conditioning Contractors Association.
(b) The Board declares that Major Air Systems Ltd. has violated the collective agreement referred to in (a) above and in particular articles, 15, 16, 17, 18, 19, 20 and 21.
(c) The Board orders Major Air Systems Ltd. pay to the applicant as damages the amount of $26,148.52 inclusive of $1,250.00 in late payment and referral costs.
(d) The Board orders that Major Air Systems Ltd. pay the aforementioned amount of $26,148.52 in three installments as follows:
on or before the 20th day of each month
on the 20th of May 2000 - $8,716.17
on the 20th of June 2000 - $8,716.17
on the 20th of July 2000 - $8,716.18.
(e) The Board orders that if any of the above payments should fall into arrears, the entire amount then outstanding will become due and payble forthwith.
(f) The Board orders that should Major Air Systems Ltd. not remain current in the payment of any contribution, remittance, deduction or any other payment as provided by the aforementioned collective agreement, the entire amount of $26,148.52, less any payments made, will become due and payable forthwith.
- The Board notes Major Air Systems Ltd.’s agreement to abide by the full terms and conditions of the collective agreement mentionned in paragraph 3(a) above.
”Marilyn Silverman”
for the Board