0490-00-G International Union of Operating Engineers, Local 793, Applicant v. Battaglia Contracting, Division of 949590 Ontario Inc.; Battaglia Contracting (1999) Inc., Responding Parties.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; May 29, 2000
- This is an application under section 133 of the Labour Relations Act, 1995. The matter was scheduled to come on for hearing before the Board on May 26, 2000; however, prior to the scheduled hearing the parties were able to settle the matters in dispute between them. That settlement was reduced to writing and reads as follows:
Memorandum of Settlement
Ontario Labour Relations File No. 0490-00-G
BETWEEN:
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793
("Applicant")
-and-
BATTAGLIA CONTRACTING, DIVISION OF 949590 ONTARIO INC.; BATTAGLIA CONTRACTING (1999) INC.
("Responding Parties")
The parties mentioned above agree with each other as follows, and request the Board to issue Decision in the form of a Consent Order;
A Declaration that the Responding Party is bound by the terms and conditions of the HAND Collective Agreement between the HAND Association of Sewer, Watermain and Road Contractors and the International Union of Operating Engineers, Local 793 effective from May 1, 1998 and expiring June 30, 2001;
A Declaration that the Responding Party has violated the HAND Collective Agreement;
A Declaration that the Responding Party has agreed to comply with the full terms and conditions of the HAND Collective Agreement;
An Order that the Responding Party pay to the Applicant as damages, the amount of $123,985.10 as full and final settlement for the above violations of the Collective Agreement as follows:
(i) $15,156.53 forthwith;
(ii) $13,603.58 on or before June 30, 2000;
(iii) $13,603.57 on or before July 31, 2000;
(iv) $13,603.57 on or before August 31, 2000
(v) $13,603.57 on or before September 30, 2000;
(vi) $13,603.57 on or before October 31, 2000;
(vii) $13,603.57 on or before November 30, 2000;
(viii) $13,603.57 on or before December 31, 2000;
(ix) $13,603.57 on or before January 31, 2001.
Should the Responding Party default on any of the above-mentioned payments for any reason whatsoever, the entire balance shall become due and payable immediately.
- It Is understood between the Responding Party and the Applicant that current remittances to the Trust Funds are to be made on their due dates as set out in the above-mentioned Collective Agreement.
Dated at Hamilton, this 25th day of May, 2000.
("Patrick Matozzo") ("Alex Law")
For the Responding Parties For the Applicant
Patrick Matozzo, Alex Law,
Chief Operating Officer Business Representative
BATTAGLIA CONTRACTING, INTERNATIONAL UNION OF
DIVISION OF 949590 ONTARIO INC.; OPERATING ENGINEERS,
BATTAGLIA CONTRACTING (1999) INC. LOCAL 793
- Having regard to the Memorandum of Settlement, the Board hereby makes the consent orders, declarations and directions to which the parties have agreed.
"Inge M. Stamp"
for the Board