Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Airport Concrete Structures Inc., 2000 CanLII 2796

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Airport Concrete Structures Inc.

File No.: 1796-00-G Date: October 25, 2000

Before: John Morgan Lewis, Vice-Chair, and Board Members G. Pickell and A. Haward.

DECISION OF THE BOARD

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. 1796-00-G

BETWEEN

Carpenters and Allied Workers Local 27 United Brotherhood of Carpenters and Joiners of America,

Applicant,

• and -

Airport Concrete Structures 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.

1. A Declaration that the Responding Party is bound to the collective agreement effective May 1, 1998 as between the Carpenters Employer Bargaining Agency (“EBA”) and the Carpenters District Council of Ontario United Brotherhood of Carpenters and Joiners of America.

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 8, 9, 10, 11 and all monetary provisions.

4. An order that the Responding Party will pay to the Applicant, as damages, the amount of $22,000.00 as full and final settlement for the above violations of the collective agreement, subject to paragraph 5, hereunder.

• and -

An order that payment is to be made to the Applicant forthwith.

5. An Order that this Memorandum of Agreement and Consent Order are without prejudice to the Applicant’s right to file a fresh grievance and claim additional damages relative to the project which was the subject of this Referral to Arbitration in the event that the Applicant should subsequently discover that additional amounts of money are owing by the Responding Party under the above noted collective agreement.

6. An order that the Responding Party shall execute and be bound by the Irrevocable letter of Direction attached hereto as Schedule A.

Dated at Toronto this 19^th day of October, 2000.

“Antonio Fontana” “Walter Tracogna”

Signature for the Signature for the

Responding Party Applicant

Antonio Fontana Walter Tracogna

Print Name and Title Print Name and Title

SCHEDULE “A”

IRREVOCABLE LETTER OF DIRECTION

To Michael Tesluk

Harris, Fletcher, Tesluk Associates

Airport Concrete Structures Inc. and Tony Fontana hereby irrevocably direct Michael Tesluk and the law firm of Harris, Fletcher, Tesluk Associates to pay the sum of $22,000.00 to Carpenters and Allied Workers Local 27 United Brotherhood of Carpenters and Joiners of America out of the proceeds of the Construction Lien Action which has been commenced relative to the Peel Regional Police Station Project at or near Lester Pearson Airport (Court Action No. )

Dated at TORONTO this 19^th day of October, 2000.10.25

For: Airport Concrete Structures Inc. Tony Fontana:

“Tony Fontana” . “Tony Fontana” .

Tony Fontana

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 determination:

a) declares that the responding party is bound to the collective agreement effective May 1, 1998 as between the Carpenters Employer Bargaining Agency (“EBA”) and the Carpenters District Council of Ontario United Brotherhood of Carpenters and Joiners of America (the “Collective Agreement”);

b) declares that the responding party has violated the Collective Agreement and in particular articles 8, 9, 10, 11 and all monetary provisions;

c) orders that the responding party pay to the applicant, as damages, the amount of $22,000.00 as full and final settlement for the above violations of the Collective Agreement, subject to paragraph d hereunder;

d) declares that this Memorandum of Agreement and Consent Order are without prejudice to the applicant’s right to file a fresh grievance and claim additional damages relative to the project which was the subject of this Referral to Arbitration in the event that the applicant should subsequently discover that additional amounts of money are owing by the responding party under the above noted collective agreement;

e) directs that the responding party shall execute and be bound by the Irrevocable Letter of Direction as set out in Schedule “A” to the Memorandum of Agreement.

“John Morgan Lewis”

for the Board```