0824-99-G; 0828-99-R International Brotherhood of Painters and Allied Trades, Local Union 1891, Applicant v. Patrick’s Spray –All Products Ltd., Ontario Fireproofers Ltd., Patrick’s Fireproofing, Responding Party.
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; June 26, 2000
This an application pursuant to sections 69 and 1(4) of the Labour Relations Act, 1995 and a referral of a grievance in the construction industry.
The parties have entered into Minutes of Settlement, which they have requested that the Board incorporate into a consent order. The Minutes of Settlement provide as follows:
O.L.R.B. File No. 0828-99-R
and 0824-99-G
BETWEEN:
INTERNATIONAL BROTHERHOOD OF PAINTERS AND
ALLIED TRADES, LOCAL UNION 1891
The Applicant
‑ and ‑
PATRICK'S SPRAY-ALL PRODUCTS LTD.,
ONTARIO FIRE PROOFERS LTD.,
PATRICK'S FIREPROOFING
Responding Parties
MINUTES OF SETTLEMENT AND CONSENT ORDER
The parties to the above mentioned Applications under section 69 and/or 1(4) and s.133 of the Labour Relations Act agree with each other as follows and request that the Board incorporate the following decision as a consent order.
A Declaration that the Responding Parties are bound to the Collective Agreement effective May 1, 1995-April 30, 1998, as between The Ontario Painting Contractors Association, Acoustical Association Ontario, Interior Systems Contractors Association of Ontario and The International Union of Painters and Allied Trades and the Ontario Council of the International Union of Painters and Allied Trades.
A Declaration that the Responding Parties have agreed to abide by the full terms and conditions of the above-mentioned collective agreement.
A Declaration that the Responding Parties have violated the collective Agreement mentioned above and in particular articles, 8, 18, 19 and 20 of Appendix "B".
An order that the Responding Part[sic] shall pay to the Applicant Union on a joint or several basis, the amount of $2,177.78 in accordance with the payment schedule outlined in schedule "A" attached.
In the event of default in any payment, the Responding Parties agree the entire amount less payments already received shall become immediately due and payable.
Dated at the City of Toronto the 20th day of June 2000.
“C. Patrick” “Sergio Pantarotto”
Patrick's Spray All Products Ltd. Applicant
“M. Ballano”
Ontario Fire Proofers Ltd.
“M. Ballano”
Patrick’s Fireproofing
SCHEDULE “A”
$500.00 due on or before June 23, 2000
$500.00 due on or before July 23, 2000
$500.00 due on or before August 23, 2000
$677.78 due on or before September 23, 2000
Having regard to the Minutes of Settlement the Board makes the following declarations and orders:
declares that Patrick's Spray-All Products Ltd., Ontario Fireproofers Ltd., and Patrick's Fireproofing are bound to the Collective Agreement effective May 1, 1995 to April 30, 1998, as between The Ontario Painting Contractors Association, Acoustical Association Ontario, Interior Systems Contractors Association of Ontario and The International Union of Painters and Allied Trades and the Ontario Council of the International Union of Painters and Allied Trades;
declares that Patrick's Spray-All Products Ltd., Ontario FireProofers Ltd., and Patrick's Fireproofing have agreed to abide by the full terms and conditions of the above-mentioned collective agreement;
declares that Patrick's Spray-All Products Ltd., Ontario FireProofers Ltd., and Patrick's Fireproofing have violated the collective Agreement mentioned above and in particular articles, 8, 18, 19 and 20 of Appendix "B";
orders Patrick's Spray-All Products Ltd., Ontario FireProofers Ltd., and Patrick's Fireproofing pay to the International Brotherhood of
Painters and Allied Trades, Local Union 1891 on a joint or several basis, the amount of $2,177.78 in accordance with the payment outlined in schedule "A".
“Mary Ellen Cummings”
for the Board