Labourers’ International Union of North America, Local 527 v. Durie Tile & Marble Limited
File No.: 2720-99-G Date: January 25, 2000 Ontario Labour Relations Board
Between: Labourers’ International Union of North America, Local 527, Applicant v. Durie Tile & Marble Limited, Responding Party.
Before: Harry Freedman, Vice‑Chair, and Board Members G. Pickell and A. Haward.
Decision of the Board
1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended ("the Act").
2Prior to the hearing in this matter the parties entered into the following Memorandum of Agreement:
ONTARIO LABOUR RELATIONS BOARD
File No. 2720-99-G
BETWEEN:
Labourers’ International Union of North America, Local 527, Applicant,
‑ and ‑
Durie Tile & Marble Limited, 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 effective May 1/98 as between Labour Relations Bureau of Ontario General Contractors’ Association, Ontario Masonry Contractors’ Association, Industry Contractors Association of Canada, Sealant and Waterproofing Association, Concrete Floor Contractors’ Association of Ontario and Labourers’ International Union of North America and Labourers’ International Union of North America, Ontario Provincial District Council on behalf of its affiliated Local Unions.
A Declaration that the Responding Party has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement.
A Declaration that the Responding Party has violated the collective agreement mentioned above and in particular Local 527 Schedule by failing to make required contributions, deductions, remittances and allowances.
An order that the Responding Party will pay to the Applicant, as damages, the amount of $14,161.56 as full and final settlement for the above violations of the collective agreement.
-and-
An order that payment is to be made to the Applicant in accordance with the following schedule.
No later than Jan. 17/00 -- $2,500.00 No later than Feb. 17/00 -- $2,500.00 No later than Mar. 17/00 -- $2,500.00 No later than April 17/00 -- $2,500.00 No later than May 17/00 -- $2,500.00 No later than June 17/00 -- $1,661.56
It is further agreed that in the event any payment is not made in accordance with the agreed schedule, the total amount still owing became due forthwith.
Dated at Ottawa this 6th day of January/00.
"Michael Durie" For the Responding Party
"Gerry Mullen" For the Applicant
3Having regard to the Memorandum of Agreement, dated January 6, 2000, between the parties, filed, the Board:
(a) declares that Durie Tile & Marble Limited is bound to the collective agreement between the Labour Relations Bureau of the Ontario General Contractors’ Association, Ontario Masonry Contractors’ Association, Industry Contractors Association of Canada, Sealant and Waterproofing Association, Concrete Floor Contractors’ Association of Ontario and the Labourers’ International Union of North America and Labourers’ International Union of North America, Ontario Provincial District Council on behalf of its affiliated Local Unions effective from May 1, 1998 (the “Collective Agreement”;
(b) declares that Durie Tile & Marble Limited has agreed to abide by the terms and conditions of the Collective Agreement;
(c) declares that Durie Tile & Marble Limited has violated the Local 527 schedule under the Collective Agreement by failing to make required contributions, deductions, remittances and allowances;
(d) directs Durie Tile & Marble Limited to pay the sum of $14,161.56 to the applicant in the following installments on or before the following dates:
January 17, 2000 -- $2,500.00 February 17, 2000 -- $2,500.00 March 17, 2000 -- $2,500.00 April 17, 20000 -- $2,500.00 May 17, 2000 -- $2,500.00 June 17,2000 -- $1,661.56
(e) directs Durie Tile & Marble Limited, if any payment is not made on or before the dates set out in paragraph (d) above, to pay the applicant forthwith the entire balance remaining outstanding.
“Harry Freedman” for the Board