3605-99-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Viking Drywall & Acoustics Inc. and Frank Anthony Busseri and Anthony Ralph Busseri c.o.b. as Viking Drywall and Acoustics, Responding Parties.
BEFORE: D. L. Gee, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; March 27, 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. 3605-99-G
BETWEEN
Drywall Acoustic Lathing and Insulation Local 675,
Applicant,
‑ and ‑
Viking Drywall & Acoustics Inc.,
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.
A Declaration that the Responding Party is bound to the collective agreement effective May 1, 1998 as between The Carpenters Employer Bargaining Agency and the Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners of America.
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 article 9 for unpaid benefits, dues, contributions and deductions for Feb. 2000.
An order that the Responding Party pay to the Applicant, as damages, the amount of $1,623.64 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.
An order that the Responding Party pay $300.00 to the Applicant representing the reasonable costs of prosecuting the grievance.
Dated at Toronto this 23 day of March, 2000.
(“Frank Busseri”) (“Dino Francescutti”)
Signature for the Signature for the
Responding Party Applicant
Frank Busseri Dino Francescutti
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.
“D. L. Gee”
for the Board