Construction and Allied Workers Local Union 607 v. Makkinga Contracting & Equipment Rentals, 2000 CanLII 3721

1364-00-G; 1385-00-G Construction and Allied Workers Local Union 607, Applicant v. Makkinga Contracting & Equipment Rentals, Responding Party.

BEFORE: Caroline Rowan, Vice‑Chair.

DECISION OF THE BOARD; September 8, 2000

1. The applicant has referred a grievance in Board File No. 1364-00-G and a grievance in Board File No. 1385-00-G 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 Nos. 1364-00-G 1385-00-G

BETWEEN

Construction and Allied Workers Local Union 607, (Applicant/the “Union”),

‑ and ‑

Makkinga Contracting & Equipment Rentals, (Respondent/the “Employer”)

MEMORANDUM OF AGREEMENT

Whereas the Union filed a grievance against the Employer dated July 21, 2000 with respect to its Highway 527 project;

And whereas the Union filed a grievance against the Employer dated August 2, 2000 with respect to its Highway 17;

And whereas the Union and the Employer wish to resolve both grievances without a hearing;

Now therefore, the Union and the Employer agree as follows and request the Board to incorporate their agreement in the form of a consent order:

1. The Employer agrees that it is bound by the Union’s Civil Engineering Agreement, effective from June 1, 1998 to May 31, 2001 (the “Collective Agreement”).

2. The Employer agrees that it violated the Collective Agreement as set out in both grievances.

3. The Employer agrees to pay damages to the Union in the amount of $20,000 by certified cheque or bank transfer before noon on September 8, 2000 or this settlement shall be void.

4. The Employer agrees to give the Union ample advance notice of referral requests whenever possible, particularly if the classification being requested is in short supply.

5. The Employer agrees that, in the event the Union is unable to fill a referral request and the Employer hires employees directly, it is required by the Collective Agreement to pay such employees the applicable wage rate in the collective agreement and to make remittances on their behalf from the start of their employment regardless of whether such employees ultimately join the Union.

Dated at Toronto, Ontario this 7th day of September, 2000.

(“Gino Russo”) (“John Makkinga”)

Gino Russo John Makkinga

3. Having regard to the Memorandum of Agreement, and pursuant to section 133 of the Labour Relations Act, 1995, the Board makes the following findings, orders and declarations:

1. that Makkinga Contracting & Equipment Rentals is bound by the Union’s Civil Engineering Agreement effective from June 1, 1998 to May 31, 2001 (the “Collective Agreement”);

2. that Makkinga Contracting & Equipment Rentals has violated the Collective Agreement as set out in both grievances;

3. that Makkinga Contracting & Equipment Rentals pay damages to the union in the amount of $20,000 by certified cheque or bank transfer before noon on Friday, September 8, 2000 or this settlement shall be void;

4. that Makkinga Contracting & Equipment Rentals give the union ample advance notice of referral requests whenever possible, particularly if the classification being requested is in short supply; and

5. that Makkinga Contracting & Equipment Rentals in the event the union is unable to fill a referral request and the employer hires employees directly, it is required by the Collective Agreement to pay such employees the applicable wage rate in the collective agreement and to make remittances on their behalf from the start of their employment regardless of whether such employees ultimately join the union.

“Caroline Rowan”

for the Board