3029-99-G The International Union of Painters and Allied Trades (formerly known as The International Brotherhood of Painters and Allied Trades), District Council 46 (Local Union 1891), Applicant v. Keyon Drywall Inc., Responding Party.
BEFORE: Gail Misra, Vice-Chair, and Board Members J. G. Knight and A Haward.
DECISION OF THE BOARD; January 25, 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 a Memorandum of Agreement dated January 17, 2000.
Having regard to the Memorandum of Agreement, to the material before it, and pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”) the Board makes the following declarations and directions:
(1) The Board declares that Keyon Drywall Inc. is bound to the collective agreement effective May 1, 1998 to April 30, 2001 as between The Ontario Painting Contractors Association, Acoustical Association Ontario, Interior Systems Contractors Association of Ontario and The International Brotherhood of Painters and Allied Trades and The Ontario Council of The International Brotherhood of Painters and Allied Trades.
(2) The Board notes that Keyon Drywall Inc has agreed to abide by the full terms and conditions of the above-mentioned collective agreement.
(3) The Board declares that Keyon Drywall Inc. has violated the collective agreement mentioned above and in particular Articles 8, 17A, 18, 19, 20 of Appendix “B” to the Collective Agreement.
(4) The Board orders Keyon Drywall Inc. to forthwith pay to the applicant, as damages the amount of $5,000.00 as full and final settlement for the above violations of the collective agreement.
“Gail Misra”
for the Board