0721-00-G Teamsters Local Union No. 230, Ready-Mix, Building Supply, Hydro and Construction Drivers, Warehousemen and Helpers, Applicant v. Marsan Excavating & Grading Ltd., Responding Party.
BEFORE: Marilyn Silverman, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; June 26, 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:
ONTARIO LABOUR RELATIONS BOARD
File No. 0721-00-G
BETWEEN:
Teamsters Local Union No. 230 Affiliated with the International Brotherhood of Teamsters,
Applicant,
- and -
Marsan Excavating & Grading Ltd.,
Responding Party.
MEMORANDUM OF AGREEMENT
Whereas the Applicant in this matter alleged that the Responding party is bound to the collective agreement referred to in paragraph 1 below;
And whereas the Responding party acknowledges that it is bound to this agreement;
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.
A Declaration that the Responding party is bound to the collective agreement effective May 1, 1999 as between the Applicant and the Associated Earth Movers of Ontario effective from May 1, 1999 to April 30, 2001.
A Declaration that the Responding party has agreed to abide by the full terms and conditions of the above-mentioned collective agreement.
A Declaration that the Responding party has violated the collective agreement mentioned above and in particular paragraph 2 of Schedule "A" thereto.
An order that the Responding party pay to the Applicant, as damages, the amount of five thousand dollars ($5,000.00) 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 upon the Board finding that the Responding party has violated Schedule A of the above mentioned collective agreement and that such violation occurred within 12 months of the date of the Order.
- A declaration that the damages referred to above shall be in addition to any damages which would otherwise be owing as a result of any subsequent violation of the above mentioned collective agreement.
Dated at Toronto this 15 day of June, 2000
"G. Rotondi" "Franco Marrano"
Signature for the Signature for the
Responding Party Applicant
Gino Rotondi
Signature for the
Responding party
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 Marsan Excavating & Grading Ltd. is bound to the collective agreement effective May 1, 1999 as between Teamsters Local Union No. 230, Ready-Mix, Building Supply, Hydro and Construction Drivers, Warehousemen and Helpers and the Associated Earth Movers of Ontario effective from May 1, 1999 to April 30, 2001;
Declares that Marsan Excavating & Grading Ltd. has violated the collective agreement mentioned above and in particular paragraph 2 of Schedule "A";
Orders Marsan Excavating & Grading Ltd. pay to the Applicant, as damages, the amount of five thousand dollars ($5,000.00) as full and final settlement for the above violations of the collective agreement;
Orders that payment is to be made to Teamsters Local Union No. 230, Ready-Mix, Building Supply, Hydro and Construction Drivers, Warehousemen and Helpers forthwith upon the Board finding that the Marsan Excavating & Grading Ltd. has violated Schedule A of the above mentioned collective agreement and that such violation occurred within 12 months of the date of the Order;
Declares that the damages referred to in paragraph 3 above shall be in addition to any damages which would otherwise be owing as a result of any subsequent violation of the above mentioned collective agreement.
The Board notes the agreement of Marsan Excavating & Grading Ltd. to abide the full terms and conditions of the collective agreement.
"Marilyn Silverman"
for the Board