Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. M & J Tile
0895-00-G Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. M & J Tile, Responding Party.
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; July 11, 2000
1This a referral of a grievance in the construction industry pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”).
2Prior to the hearing, the parties entered into Minutes of Settlement and requested that their agreement be incorporated into a consent decision.
3The parties have agreed as follows:
MINUTES OF SETTLEMENT
BETWEEN:
CARPENTERS AND ALLIED WORKERS LOCAL 27, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA
“Applicant”
‑ and ‑
MURRAY SCHOLTEN o/a M & J TILE,
“Responding Party”
OLRB File No. 0895-00-G
The parties hereby agree to the following interim Minutes of Settlement in this matter and jointly request that the Board issue the following declarations and orders in the form of a consent decision.
A Declaration that the Applicant and the Responding Party are bound by the Provincial Collective Agreement between the Carpenters’ District Council of Ontario and the Carpenters Employer Bargaining Agency effective from May 1, 1998 to April 30, 2001.
A Declaration that the Responding Party has violated Articles 8, 9 and 10 of said Provincial Collective Agreement in that the Responding Party has not made the appropriate remittances of vacation pay and trust fund contributions for the carpenters’ work performed at the following projects
Newmartket (Traugett Construction)
Hwys. 5 and 10 (Traugett Construction)
Orillia (A & P)
Collingwood (A & P)
Keele and Finch, Toronto (ABC)
An Order that the Applicant and the Responding Party meet not later than July 20, 2000 at the Applicant’s office to resolve this matter and that the Responding Party produce all employment and payroll and related records pertaining to the carpenters’ work performed at the said projects to the Applicant at that time and in any event not later than July 20, 2000.
Should the parties be unable to agree on the amounts owing, the Board shall hold a hearing to determine the amount of damages only.
The hearing scheduled for July 5, 2000 in this matter shall be adjourned to July 26, 2000.
Dated at Toronto on June 29, 2000.
“Chris Crompton” “Murray Scholten”
For the Applicant For the Responding Party
Chris Crompton Murray Scholten
4The Board is prepared to order the fist and second paragraphs of the parties’ agreement but not the third. While of course it is highly desirable for the parties to meet and attempt to settle their differences, it is not appropriate for the Board to order them to do so.
5Having regard to the Minutes of Settlement, the Board makes the following declarations:
that the Applicant and the Responding Party are bound by the Provincial Collective Agreement between the Carpenters’ District Council of Ontario and the Carpenters Employer Bargaining Agency effective from May 1, 1998 to April 30, 2001;
that the Responding Party has violated Articles 8, 9 and 10 of said Provincial Collective Agreement in that the Responding Party has not made the appropriate remittances of vacation pay and trust fund contributions for the carpenters’ work performed at the following projects:
Newmartket (Traugett Construction)
Hwys. 5 and 10 (Traugett Construction)
Orillia (A & P)
Collingwood (A & P)
Keele and Finch, Toronto (ABC).
6This matter is scheduled for hearing on July 26, 2000, commencing at 9:30 at the Board’s premises, 505 University Avenue, 2nd Floor, Toronto, Ontario.
7This panel is not seized.
“Mary Ellen Cummings”
for the Board