Labourers International Union of North America v. C.S.B.I. Contracting Ltd., 2000 CanLII 3745

0359-97-R Labourers International Union of North America, Applicant v. C.S.B.I. Contracting Ltd., Responding Party.

3851-98-G Labourers’ International Union of North America, Local 506, Applicant v. CSBI Contracting Ltd., Responding Party.

BEFORE: John Morgan Lewis, Vice‑Chair, and Board Members G. Pickell and A. Haward.

DECISION OF THE BOARD; August 23, 2000

1. Board File No. 0359-97-R is an application for certification under the construction industry provisions of the Labour Relations Act, 1995. Board File No. 3851-98-G is a referral of a grievance 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:

Memorandum of Agreement and Settlement

Between

L.I.U.N.A., Local 506

and

Universal Workers Union, L.I.U.N.A., L 183

(the Unions)

‑ and ‑

CSBI Contracting Ltd.

(the Employer)

Whereas the parties wish to fully and finally settle the following proceedings at the O.L.R.B. namely Board File #’s 0359-97-R and 3851-98-G

Now therefore the parties agree as follows and request that the Board give effect to their settlement by making the appropriate Orders and Declarations hereinafter set out.

1. Local 183 agrees to withdraw its application for certification, request for relief under S. 11 and its Application under S. 96 of the Act. (Board File No. 0359-97-R). The Unions agree that they will not raise or rely on any facts contained in Board File No. 0359-97-R and agree that all claims that were made or could be made arising from the issues raised are settled without admission of wrongdoing by the Employer.

2. The parties agree that these Minutes are conditional on the withdrawal by Bricklayers Local 1 of its Application for certification; namely Board File #3089-98-R.

3. The parties agree no damages are payable as a result of any alleged breaches of the Provincial Agreement which may have occurred or may occur prior to January 1, 2001.

4. The Employer acknowledges and agrees that it is bound by the Labourers ICI Provincial Collective Agreement in the ICI sector of the Construction Industry and undertakes to abide by said agreement effective January 1^st, 2001.

5. The Employer acknowledges and agrees that it will be bound by and comply with the Universal Workers Union, Local 183 Restoration Agreement effective January 1^st, 2001.

6. The Unions agree to accept any or all of the following listed employees into membership, provided that the first three listed employees shall be accepted into membership in Local 506 on payment of an initiation fee of $25.00 per person, plus three months dues in advance ($60). The remaining ten employees shall be entitled to membership in the appropriate local union on payment of the appropriate fee. These additional 10 employees will be named and selected by the Employer prior to commencement of work.

7. Carlos Ribeiro 12.

8. Jose Manuel Oliviera 13.

9. John Vomvas

18. The Unions agree that the Employer shall be entitled to transfer the listed employees between sectors and will be treated as employees under the applicable collective agreements, in respective of local affiliation. All other employees shall be hired from the applicable Local Union. Dues shall be paid to the appropriate Local based on the applicable collective agreements.

Dated at Toronto this 17^th day of August, 2000.

“Henry Pereira” . “John Cabral” .

For Local 183 For Local 506

Henry Pereira John Cabral

“Dwayne Staranchuk” .

For the Employer

Dwayne Staranchuk

Mike Doulaverakis

Arthur Kilijian

3. Having regard to the Memorandum of Agreement, to the representations before it and pursuant to section 133 of the Labour Relations Act, 1995, the Board makes the following determination:

1. declares that Board File No. 0359-97-R is hereby withdrawn with leave of the Board;

2. declares that no damages are payable as a result of any alleged breaches of the Provincial Agreement which may have occurred or may occur prior to January 1, 2001;

3. declares that the responding party is bound by the Labourers ICI Provincial Collective Agreement in the ICI sector of the construction industry and undertakes to abide by said agreement effective January 1, 2001;

4. declares that the responding party is bound by the Universal Workers Union, Local 183 Restoration Agreement effective January 1, 2001;

5. directs that the applicant to accept the employees into membership, provided that the three listed employees shall be accepted into membership in Local 506 on payment of an initiation fee of $25.00 per person, plus three months dues in advance ($60.00). The remaining ten employees shall be entitled to membership in the appropriate local union on payment of the appropriate fee. These additional 10 employees will be named and selected by the responding party prior to commencement of work:

1. Carlos Ribeiro

2. Jose Manuel Oliviera

3. John Vomvas

6. directs that the responding party is entitled to transfer the listed employees between sectors and will be treated as employees under the applicable collective agreements, in respective of local affiliation. All other employees shall be hired from the applicable Local Union. Dues shall be paid to the appropriate Local based on the applicable collective agreements.

“John Morgan Lewis”

for the Board