United Brotherhood of Carpenters and Joiners of America, Local 2041 v. Larochelle Drywall Corp., 2000 CanLII 2929

3893-99-G United Brotherhood of Carpenters and Joiners of America, Local 2041, Applicant v. Larochelle Drywall Corp., Responding Party.

BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.

DECISION OF THE BOARD; December 6, 2000

1. By decision dated November 20, 2000 the Board noted that this application was withdrawn at the request of the applicant. In fact, the Minutes of Settlement provided for a withdrawal of Board File 0321-00-M. The Minutes provide:

MINUTES OF SETTLEMENT

BETWEEN:

Larochelle Drywall Limited

("the Company")

• and -

United Brotherhood of Carpenters and Joiners of America, Local 2041

("the Union")

WHEREAS the Union has filed a grievance dated March 8, 2000 and referred it to the Ontario Labour Relations Board under s. 133 of the Labour Relations Act, 1995 (Board File No. 3893-99-G).

AND WHEREAS the Company filed an application under s. 166 of the Labour Relations Act, 1995 (Board File No. 0321-00-M)

AND WHEREAS the parties are now desirous of settling both of the above-noted proceedings before the Board and all outstanding issues arising between the Company and Union, on the following basis:

1. The Company acknowledges that it is bound to and has violated the Provincial Agreement between the Carpenters’ District Council of Ontario and the Carpenters’ Employer Bargaining Agency in its entirety. The basis of the violation is that the Company performed work at the Algonquin College job site in Nepean, Ontario without applying the aforementioned agreement, as alleged in the subject grievance.

2. The Company shall pay to the Union the sum of Ten Thousand Dollars ($10,000), at least half of which shall be paid within seven (7) days of the execution of these Minutes. The balance shall be paid within four (4) months of the execution of these Minutes.

3. The Company agrees that the student residence project at Algonquin College, as described in the applications under ss. 133 and 166 of the Act, is a project falling within the industrial, commercial and institutional (I.C.I.) sector of the construction industry and that it will perform similar work in the same O.L.R.B. geographic area in accordance with the aforementioned Provincial Agreement.

4. The Company shall seek leave of the Board to withdraw its application under s. 166 of the Act (Board File No. 0321-00-M).

5. The Company and Union agree that these Minutes of Settlement shall only be effective if the Board consents to the withdrawal of the application in File No. 0321-00-M.

6. The Parties in File No. 3893-99-G hereby request the Board to incorporate these Minutes as its own decision in that file and to make all necessary declarations and orders to give it effect.

7. These Minutes of Settlement are in full and final satisfaction of all outstanding issues or claims as between the parties.

DATED at Kingston, Ontario, this 16 day of Nov. 2000.

“r. Kuipers” “Don Guilbeault”

The Company The Union

2. On the basis of these Minutes, the Board:

1. Declares that the applicant and the responding party are bound to the Provincial Collective Agreement between the Carpenters’ Employer Bargaining Agency and the Carpenters Employee Bargaining Agency, effective May 1, 1998 to April 30, 2001;

2. Finds that the employer has violated the said collective agreement in respect of work performed at the Algonquin College site in Nepean;

3. Finds that the damages arising from this violation are $10,000.00;

4. Orders the applicant to pay to the responding party the sum of $5,000.00 forthwith and the sum of $5,000 on or before March 16, 2001.

3. The Board notes the agreement of the parties contained in paragraph 3 of the Minutes of Settlement.

“David A. McKee”

for the Board