1339-00-G; 1340-00-G Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. 1210166 Ontario Ltd. o/a D.C.C. Carpentry, Domingo’s Contractors Carpentry, Responding Party.
BEFORE: Marilyn Silverman, Vice‑Chair.
DECISION OF THE BOARD; September 1, 2000
The applicant has referred two grievances concerning the interpretation, application, administration or alleged violation of collective agreements to the Board for final and binding determination.
Prior to the hearing in this matter the parties entered into the following Minutes of Settlement:
MINUTES OF SETTLEMENT
BETWEEN:
Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America the "Applicant"
-and-
Domingos Contractors Carpentry; 1210166 Ontario Inc. o/a DCC Carpentry the "Responding Party"
OLRB File No 1339-00-G and 1340-00-G
WHEREAS the Applicant has filed a grievance pertaining to the projects undertaken by the Responding Party;
AND WHEREAS the Applicant and the Responding Party wish to resolve same without the necessity of a hearing of the Ontario Labour Relations Board;
NOW THEREFORE the Party agree as follows and request that the Board issue the following declarations and orders:
A Declaration that the Applicant and the Responding Party are bound by the full terms and conditions of the collective agreements between the Applicant and the Toronto and District Carpentry Contractors Association effective from May 1, 1998 to April 30, 2001 (for high-rise residential work) and the Applicant and the Responding Parties effective July 1, 2000 to June 30, 2003 (for low-rise residential work).
A Declaration that the Responding Party has violated Articles 4, 5, 10, 11 and 12 of the said collective agreement in that it has failed to make correct required remittances of vacation pay, union dues, and trust fund contributions for the work months of January to July 2000 inclusive, and to comply with the union security provisions of the collective agreement.
An Order that the Responding Party shall pay the sum of $8,191.26 to the Applicant forthwith.
An Order that the Responding Party submit to an audit of its payroll records by an independent chartered accountant appointed by the Trustees of the UBCJA Local 27 Residential Sector Trust Funds in accordance with the collective agreement, and to pay such additional monies as are disclosed to be owing by such audit, if any.
Dated at Toronto this 31st day of August, 2000.
FOR THE APPLICANT FOR THE RESPONDING PARTY
"Frank Munno" "Domingos Borlido"
- Having regard to the Minutes of Settlement and pursuant to section 133 of the Labour Relations Act, 1995, the Board makes the following determination:
(1) declares that the applicant and the responding party are bound by the full terms and conditions of the collective agreements between the applicant and the Toronto and District Carpentry Contractors Association effective from May 1, 1998 to April 30, 2001 (for high-rise residential work) and the applicant and the responding party effective July 1, 2000 to June 30, 2003 (for low-rise residential work);
(2) declares that the responding party has violated Articles 4, 5, 10, 11 and 12 of the said collective agreement in that it has failed to make correct required remittances of vacation pay, union dues, and trust fund contributions for the work months of January to July 2000 inclusive, and to comply with the union security provisions of the collective agreement;
(3) orders the responding party to pay the sum of $8,191.26 to the applicant forthwith;
(4) orders the responding party to submit to an audit of its payroll records by an independent chartered accountant appointed by the Trustees of the UBCJA Local 27 Residential Sector Trust Funds in accordance with the collective agreement, and to pay such additional monies as are disclosed to be owing by such audit, if any.
"Marilyn Silverman"
for the Board