1863-00-G Carpenters’ and Allied Workers, Local 27 United Brotherhood of Carpenters and Joiners of America, Applicant v. Lewke Construction Ltd., Responding Party.
BEFORE: John Morgan Lewis, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; October 16, 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 the following memorandum of agreement:
MINUTES OF SETTLEMENT
BETWEEN:
Carpenters and Allied Workers, Local 27 United
Brotherhood of Carpenters and Joiners of America
the “Applicant”
‑ and ‑
Lewke Construction Ltd.
the “Responding Party”
OLRB File No. 1863-00-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 has alleged that the Responding Party is bound to the collective agreement referred to in paragraph 1 below;
AND WHEREAS the parties wish to make arrangements to further harmonious labour relations;
THEREFORE the parties agree to settle this matter on the terms set out below and jointly request that the Board incorporate the following in a decision as a consent order and make the following declarations and orders:
A declaration that the Applicant and the Responding Party are bound by the Collective Agreement between the Carpenters Employer and Employee Bargaining Agencies (“the EBA Agreement”) effective from May 1, 1998 to April 30, 2001.
A Declaration that the Responding Party has violated Articles 8, 9, and 10 of the EBA Agreement.
An Order that the Responding Party pay damages to the Applicant the sum of $7,079.55 arising from the said violations forthwith.
The parties are agreed that this settlement encompasses all issues arising between the parties up to and including September 30, 2000. In the circumstances of this case, the parties are agreed that this is a full and final settlement and that there shall be no delinquency interest charges payable by the Responding Party.
Dated at Weston this 12th day of October, 2000.
FOR THE APPLICANT FOR THE RESPONDING PARTY
“Lister Tennant” “Richard Lewke”
Business Representative President
- Having regard to the memorandum of agreement, to the representations before it and pursuant to section 133 of the Labour Relations Act, 1995, the Board makes the following determination:
declares that Carpenters’ and Allied Workers, Local 27 United Brotherhood of Carpenters and Joiners of America is bound to the collective agreement effective May 1, 1998 to April 30, 2001 between the Carpenters Employer and Employee Bargaining Agencies (“the EBA Agreement”);
declares that Lewke Construction Ltd. has violated the Agreement and in particular Articles 8, 9 and 10 of the EBA Agreement; and
orders that Lewke Construction Ltd. pay to the applicant as damages, the amount of $7,079.55 forthwith.
"John Morgan Lewis"
for the Board