0366-99-G International Brotherhood of Electrical Workers, Local 353, Applicant v. Eastown Electric Company Limited, EMK Electric Inc., Responding Parties.
0823-99-R International Brotherhood of Electrical Workers, Local 353, Applicant v. Eastown Electric Company Limited, EMK Electric Inc. and Angelo Karambatos, Responding Parties.
BEFORE: Marilyn Silverman, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; February 10, 2000
These are two applications. 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. In addition, the applicant has filed an application under subsection (4) of section 1 and 69 of the Labour Relations Act, 1995 (the “Act”).
Prior to the conclusion of the hearing in this matter the parties entered into the following Minutes of Settlement:
File No. 0366-99-G
I.B.E.W. Local 353
Applicant
‑ and ‑
Eastown Electric Company Limited, EMK Electric Inc.
Responding Parties
Minutes of Settlement & Consent Order
Whereas the Board has declared in OLRB File No. 0823-99-R that the Responding Parties are a single employer under ss.1(4) of the Labour Relations Act, 1995;
And whereas the Board scheduled a hearing in this grievance referral to determine the damages owing to the Applicant;
And whereas the parties have met and have resolved the issues in dispute between them;
Therefore, the parties agree as follows and request that the Board issue the declarations and orders described herein:
The Responding Parties admit that they performed bargaining unit work without applying the terms and conditions of the Principal Agreement, in particular in violation of the Union Security provisions, Articles 5 and 7.
The Responding Parties make the following representations to the Applicant:
(i) that neither Responding Party continues to operate in the construction industry and has not since 1995;
(ii) that Jim Karambatos no longer works in the electrical construction field as an electrical contractor;
(iii) that Angelo Karambatos has continued to work as an electrical contractor in his own name;
(iv) that Angelo Karambatos is the only employee of Angelo Karambatos on today’s date;
(v) that neither Gus Kaklamanos nor Jim Katsargeris work in the electrical business in the construction industry, to the best of their knowledge;
(vi) that Angelo Karambatos is retiring as an electrical contractor. He agrees to renew his membership with the Applicant and register in the residential sector by February 1, 2000. He will pay the initiation fees required;
The Responding Parties agree that the damages owing for their violations of the Principal Agreement are $45,000.00.
Should he resume acting as an electrical contractor, Angelo Karambatos agrees that he is liable to pay owner/operator fees (currently $389.00 per month) under the Applicant’s Appendix in the Principal Agreement and agrees he shall remit that amount beginning from the first of the month in which he resumes acting as a contractor.
Should he resume business as a contractor, Angelo Karambatos shall so notify the Applicant in writing, forthwith upon taking his first contract.
The parties request that the Board do the following:
(a) amend the name of the Responding Parties in these proceedings nunc pro tunc to include the name in which Angelo Karambatos has carried on business:
Angelo Karambatos;
(b) declare that all of the Responding Parties are bound to the Principal Agreement between the Electrical Trade Bargaining Agency of the ECAO and the IBEW and the IBEW CCO, effective until April 30, 2001, and to the Residential Lowrise Agreement between the Applicant and the ECAT effective until May 31, 2002;
(c) declare that the Responding Parties have violated the union security provisions, Articles 5 and 7 of the Principal Agreement;
(d) declare that the damages for those violations are $45,000.00;
(e) order that these damages be paid as follows:
(i) $8,500.00 by post-dated personal cheques payable to the Applicant and delivered to the Applicant by no later than February 1, 2000, such cheques to be in the amount of:
$500.00 dated March 1, 2000, and 16 cheques of $500.00 each payable April 1, 2000, through July 1, 2001, inclusive.
and order that, should the Responding Parties fail to make any of the payments as required, then the entire balance owing on the date of default becomes immediately due and payable and subject to immediate collection by the Applicant;
(ii) the balance of $36,500.00 to be paid forthwith to the Applicant in a future grievance and/or related successor employer in a future proceeding brought by the Applicant on or before Feb. 1, 2005, where the Applicant is successful in establishing that:
(1) the companies have begun operating in a new corporate name and the Applicant is successful in establishing that the new corporation is the same employer for purposes of labour relations under ss.1(4) or 69 of the Act;
(2) any of the Responding Parties have operated in violation of the union security provisions of the collective agreements;
(3) that Angelo Karambatos is still operating or has resumed operating an electrical business in the construction industry without paying the owner/operator fees required by the Principal Agreement
in which case, the damages above are in addition to those proved for the future violation.
- Provided the Board issues the declarations and orders described herein the Applicant accepts these Minutes in full and final resolution of all matters with these Responding Parties to the date hereof:
Dated at Toronto this 24th day of Jan. 2000.
“Michael J. Oram” “Angelo Karambatos”
for the Applicant for the Responding Parties
Michael J. Oram
“Jim Karambatos”
for the Responding Parties
Jim Karambatos
The name of the responding party is hereby amended to include Angelo Karabatos.
Having regard to the Memorandum of Agreement, the representations before it and pursuant to section 133 of the Labour Relations Act, 1995, the Board makes the following declarations, determinations and orders:
(a) declares that all of the responding parties are bound to the Principal Agreement between the Electrical Trade Bargaining Agency of the ECAO and the IBEW and the IBEW CCO, effective until April 30, 2001, and to the Residential Lowrise Agreement between the applicant and the ECAT effective until May 31, 2002;
(b) declares that the responding parties have violated the union security provisions, Articles 5 and 7 of the Principal Agreement;
(c) finds that the damages for those violations are $45,000.00;
(d) orders that these damages be paid as follows:
(i) $8,500.00 by post-dated personal cheques payable to the applicant and delivered to the applicant by no later than February 1, 2000, such cheques to be in the amount of:
$500.00 dated March 1, 2000, and 16 cheques of $500.00 each payable April 1, 2000, through July 1, 2001, inclusive.
and orders that should the responding parties fail to make any of the payments as required, then the entire balance owing on the date of default becomes immediately due and payable and subject to immediate collection by the applicant;
The Board notes the agreement of the parties that the balance of $36,500.00 is to be paid forthwith to the applicant in a future grievance and/or related successor employer in a future proceeding brought by the applicant on or before Feb. 1, 2005, where the applicant is successful in establishing that:
the companies have begun operating in a new corporate name and the Applicant is successful in establishing that the new corporation is the same employer for purposes of labour relations under ss.1(4) or 69 of the Act;
any of the Responding Parties have operated in violation of the union security provisions of the collective agreements;
that Angelo Karambatos is still operating or has resumed operating an electrical business in the construction industry without paying the owner/operator fees required by the Principal Agreement
in which case, the damages above are in addition to those proved for the future violation.
“Marilyn Silverman”
for the Board