2009-00-G Construction Workers Local 6 affiliated with the Christian Labour Association of Canada, Applicant v. Schaible Electric Ltd., Responding Party.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; October 19, 2000
1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c. 1, (the "Act"). The matter was scheduled to come on for hearing before the Board on October 20, 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:
ONTARIO LABOUR RELATIONS BOARD
File No. 2009-00-G
BETWEEN: Construction Workers Local 6, affiliated with Christian Labour Association of Canada
Applicant,
and
Schaible Electric Ltd.
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 agreements(s);
Therefore for 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.
- A Declaration 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 – Construction Workers Local 6 affiliated with the Christian Labour Association of Canada.
2A Declaration that the Responding party has agreed to abide by the full terms and conditions of the above-mentioned collective agreement.
3A Declaration that the Responding party has violated the collective agreement mentioned above and in particular articles 5.01, 6.01, 6.03, 7.01, Schedule "A", 9.01, 9.03, 12, 16 and Schedule A.
4An order that the Responding party pay to the Applicant, as damages, the amount of *as Below 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 no later than November 1, 2000.
*- Payable to CLAC Local 6 for Mark Lacroix - $1,697.32
Payable to dues for CLAC Local 6 - $207.42 – less any amount paid
Payable to CLAC Local 6 for Wray McLean - $850.00
Payable to Pension Plan for Wray McLean - $479.00
Note: We like to verify these figures with our Accountant, and if they are correct, are willing to abide by it.
Dated at Hamilton this 18th day of October, 2000
("Anna Schaible") ("Henk de Zoete
Signature for the Signature for the
Responding party Applicant
Anna Schaible Henk de Zoete Ont. Rep.
Print Name and Title Print Name and Title
- Having regard to the Memorandum of Agreement, the Board hereby makes the consent orders, declarations and directions to which the parties have agreed.
"Inge M. Stamp"
for the Board