Universal Workers’ Union, L.I.U.N.A., Local 183 v. Mastrantoni Construction Ltd. (Holiday Carpentry), 2000 CanLII 2072

1138-00-G Universal Workers’ Union, L.I.U.N.A., Local 183, Applicant v. Mastrantoni Construction Ltd. (Holiday Carpentry), Responding Party.

BEFORE: D. L. Gee, Vice-Chair.

DECISION OF THE BOARD; August 8, 2000

1. 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.

2. Prior to the hearing in this matter the parties entered into the following Memorandum of Agreement:

ONTARIO LABOUR RELATIONS BOARD

File No. 1138-00-G

BETWEEN:

Universal Workers’ Union, L.I.U.N.A., Local 183,

Applicant,

• and -

Mastrantoni Construction Ltd. (Holiday Carpentry),

Responding Party.

MEMORANDUM OF AGREEMENT

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

And whereas the Responding party acknowledges that it is 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 party is bound to the collective agreement effective May 1/98 to April 30/2001 as between Mastrantoni Construction Ltd. (Holiday Carpentry) and LIUNA Local 183.

2. A Declaration that the Responding party has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement.

3. A Declaration that the Responding party has violated the collective agreement mentioned above and in particular articles 2, 4, 14, 18 and 20.

4. An order that the Responding party will pay to the Applicant, as damages, the amount of $28,453.37 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 forthwith.

Dated at Toronto this 21st, day of July/2000.

“Giuseppe Montanaro” “Hugh Cannon”

Signature for the Signature for the Responding Party Applicant

Giuseppe Montanaro Hugh Cannon, C.C.O. Officer

Print Name and Title Print Name and Title

3. 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 orders and declarations:

4. declares that the responding party is bound to the collective agreement effective May 1, 1998 to April 30, 2001 as between Mastrantoni Construction Ltd. (Holiday Carpentry) and LIUNA Local 183;

5. declares that the responding party has violated the collective agreement mentioned above and in particular articles 2, 4, 14, 18 and 20;

6. orders that the responding party to pay to the applicant, as damages, the amount of $28,453.37 as full and final settlement for the above violations of the collective agreement;

7. orders that payment is to be made to the applicant forthwith.

“D. L. Gee”

or the Board