2587-00-G Construction Workers Local 6 affiliated with the Christian Labour Association of Canada, Applicant v. Schaible Electric Ltd., Responding Party.

BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members G. Pickell and G. McMenemy.

DECISION OF THE BOARD; December 21, 2000

1This is a referral of a grievance in the construction industry, pursuant to section 133 of the Labour Relations Act, 1995 (the "Act").

2Prior to the hearing, the parties entered into Minutes of Settlement:

ONTARIO LABOUR RELATIONS BOARD

File No. 2587-00-G

BETWEEN:

Construction Workers Local 6 affiliated with the Christian Labour Association of Canada

Applicant,

• and -

Schaible Electric Ltd.

Responding Parties.

MEMORANDUM OF AGREEMENT

Whereas the Applicant in this matter alleged that the Responding parties are bound to the collective agreement(s) referred to in paragraph 1 below;

And whereas the Responding parties acknowledge that they are 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.

1. A Declaration that the Responding Parties are bound to the collective agreement effective April 1, 1999 as between the Independent Contractors Association representing and on behalf of its members in the Electrical Contractors Section – and – Construction Workers Local 6, Affiliated with the Christian Labour Association of Canada.

2. A Declaration that the Responding Parties have agreed to abide by the full terms and conditions of the above‑mentioned collective agreement(s).

3. A Declaration that the Responding Parties have violated the collective agreement(s) mentioned above and in particular articles 6:01 and 16:01.

4. An order that Schaible Electric Ltd. pay to the Applicant, as damages, the amount of $2,330.26 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 in the amount of $233.03 per month commencing on January 15, 2001 up to and including October 15, 2001.

Dated at Hamilton this 12th day of December, 2000.

"Anna Schaible" "Hank de Zoete"

Signature for the Signature for the

Responding party Applicant

Anna Schaible Hank de Zoete

Signature for the

Responding party

3Having regard to the parties’ request, the Board makes the following declarations and orders:

(a) that the Responding party is bound to the collective agreement effective April 1, 1999 as between the Independent Contractors Association representing and on behalf of its members in the Electrical Contractors Section and the applicant;

(b) that the Responding party has violated the collective agreement in particular articles 6:01 and 16:01;

(c) that the responding party pay to the applicant, as damages, the amount of $2,330.26.

"Mary Ellen Cummings"

for the Board