3604-99-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Lopes Drywall & Acoustics Inc., Responding Party.
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. 3604-99-G
BETWEEN
Drywall Acoustic Lathing and Insulation Local 675, Carpenters and Joiners of America,
Applicant,
‑ and ‑
Lopes Drywall and Acoustics Ltd.,
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 as between The Carpenters Employer Bargaining Agency and the Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners and the Collective Agreement as between Drywall Acoustic Lathing and Insulation Local 675 and the Interior Systems Contractors Association.
A Declaration that the Responding Party has agreed to abide by the full terms and conditions of the above‑mentioned collective agreements.
A Declaration that the Responding Party has violated the collective agreements mentioned above by failing to pay benefits, dues contributions and deductions for the work months of Jan. 2000, Nov. and Dec. 1999.
An order that the Responding Party pay to the Applicant, as damages, the amount of $15,022.16.
A declaration that the Applicant has relied on the representations of the Responding Party in making the calculation in paragraph 4 above and that if it comes to the attention of the Applicant that additional amounts are owing the Applicant shall be entitled to refile the grievance and claim the additional amounts owing and the Board shall have jurisdiction to make an order for the additional amounts owing.
An order that payment is to be made to the Applicant forthwith.
An order that the Responding party pay $1,450.00 representing reasonable costs of prosecuting this grievance.
Dated at Toronto this 23rd day of March, 2000.
("Ricardo Lopes") ("Dino Francescutti")
Signature for the Signature for the
Responding party Applicant
Ricardo Lopes 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