Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Shawn’s Roofing Inc., 2000 CanLII 1949

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Shawn’s Roofing Inc.

1873-00-G Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Shawn’s Roofing Inc., Responding Party.

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

DECISION OF THE BOARD; October 12, 2000

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

2On October 5, 2000, the parties entered into Minutes of Settlement, which they have asked the Board to include in an order. The Minutes provide as follows:

MINUTES OF SETTLEMENT

BETWEEN:

Carpenters And Allied Workers, Local 27 United Brotherhood Of Carpenters And Joiners Of America

the "Applicant"

• and -

Shawn’s Roofing Inc.

the "Responding Party"

OLRB File No. 1873-00-G

WHEREAS the Applicant has referred the above noted grievance on behalf of the Applicant and its members to arbitration pursuant to the Labour Relations Act;

AND WHEREAS the parties wish to make arrangements to further harmonious labour relations;

NOW THEREFORE the parties agree as follows and jointly request that the Board make the following declarations and orders:

1. A Declaration that the Applicant and the Responding Party are bound by the collective agreement between them in respect of exterior cladding work ("the Exterior Cladding Agrement") effective from April 1, 1999 to March 31, 2002.

2. A Declaration that the Responding Party has violated Articles 4, 5, 6 7, and Schedule "B" of the Exterior Cladding Agreement.

3. An Order that the Responding Party pay to the Applicant the sum of $3,272.52 as damages arising from the said violations as follows:

$2,000.00 on October 6, 2000; and

$1,272.52 on October 15, 2000.

It is agreed that said sum includes $2,000.00 payable to the Applicant’s member Dan Joly, and $1,272.52 owing to the Carpenters and Allied Workers Local 27 Siding Division Benefit Trust Funds for unpaid remittances for the April 2000 to August 2000 work months, and that this is a full and final settlement of all matters between the parties arising under the Exterior Cladding Agreement up to and including August 31, 2000.

Dated at Weston, this 5^th day of October, 2000.

FOR THE APPLICANT FOR THE RESPONDING PARTY

"Rob Shewell" "Shawn Les Strange"

Rob Shewell Shawn Les Strange

"Dan Joly"

Dan Joly

3Having regard to the agreement of the parties, the Board makes the following declarations and orders:

(a) a declaration that the applicant and the responding party are bound by the Exterior Cladding Installation Collective Agreement, effective from April 1, 1999 to March 31, 2002;

(b) a declaration that the responding party has violated Articles 4, 5, 6, 7 and Schedule "B" of the Exterior Cladding Installation Collective Agreement;

(c) an order that the responding party pay to the applicant the sum of $3,272.52 as damages arising from those violations.

"Mary Ellen Cummings"

for the Board