0760-00-G Brick and Allied Craft Union of Canada/BACU-Canada Local 2, Toronto/Barrie, Ontario, Applicant v. Matrix Construction Ltd., Responding Party.
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; June 28, 2000
1. This is a referral of a grievance in the construction industry, pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”).
2. Prior to the start of the hearing, the parties entered into the following Minutes of Settlement:
0760-00-G
Brick and Allied Craft Union of Canada/BACU-Canada Local 2, Toronto/Barrie, Ontario
“Applicant”
and
Matrix Construction Ltd.
“Responding Party”
WHEREAS the applicant filed a grievance dated June 6, 2000 alleging a failure to remit benefits, dues, contributions and deductions.
AND WHEREAS the grievance was referred to the OLRB under s.133 of the Act and assigned file and assigned file #0760-00-G.
AND WHEREAS the parties wish to resolve the grievance and request that the Board issue a decision incorporating these recitals and the following orders and declarations:
(1) Matrix Construction Ltd. is bound to the Provincial Collective Agreement for Ontario for Bricklayers, Stonemasons and Plasterers effective May 1, 1998 to April 30, 2001 between the Ontario Provincial Conference of Bricklayers and Allied Craftsman and the Masonry Industry Employers Counsel of Ontario (hereinafter referred to as the “Bricklayers Provincial Collective Agreement”).
(2) Matrix Construction Ltd. has violated the Bricklayers Provincial Collective Agreement by failing to remit benefits, dues, contributions and deductions for the work months of November, 1999, January, February, March, April, May and June, 2000.
(3) An order that Matrix Construction Ltd. owes a total of $6,050.00 for all outstanding benefits, dues contributions and deductions on behalf of work done by Richard Boxall and Mike Bellamy for the months referred to in paragraph 2 above, and shall pay that amount forthwith.
(4) A declaration that Matrix Construction Ltd. has sub-contracted from Limen Masonry Ltd on the following 3 jobs (I) Innisfil School, Innisfil, Ontario (II) Acivman School, Woodbridge, Ontario (III) Trillium Hospital, Mississauga Ontario and has worked on those 3 sites within the last 45 days.
(5) A notation that Matrix Construction Ltd. has undertaken to cease working in the ICI sector of the construction industry once the Innisfil job is complete which is anticipated to be July 30, 2000 and has also undertaken not to take on any other or any new ICI projects from this day forward.
(6) A notation that Matrix Construction Ltd. has requested that it be placed on the dormant list of the applicant’s trust funds.
Dated at Toronto this 25th day of June, 2000.
“Tony Roberts”
for Matrix Construction Ltd.
Tony Roberts
“Ron Smith”
for Local 2
Ron Smith
3. Having regard to the Minutes of Settlement the Board makes the following declarations and orders:
(1) that Matrix Construction Ltd. is bound to the Provincial Collective Agreement for Ontario for Bricklayers, Stonemasons and Plasterers effective May 1, 1998 to April 30, 2001 between the Ontario Provincial Conference of Bricklayers and Allied Craftsman and the Masonry Industry Employers Counsel of Ontario (hereinafter referred to as the “Bricklayers Provincial Collective Agreement”);
(2) that Matrix Construction Ltd. violated the Bricklayers Provincial Collective Agreement by failing to remit benefits, dues, contributions and deductions for the work months of November 1999, January, February, March, April, May and June, 2000;
(3) that Matrix Construction Ltd. owes a total of $6,050.00 for all outstanding benefits, dues contributions and deductions on behalf of work done by Richard Boxall and Mike Bellamy for the months referred to in (2) above, and shall pay that amount forthwith;
(4) that Matrix Construction Ltd. sub-contracted from Limen Masonry Ltd on the following three jobs (I) Innisfil School, Innisfil, Ontario (II) Acivman School, Woodbridge, Ontario (III) Trillium Hospital, Mississauga, Ontario, and has worked on those three sites within the last 45 days.
“Mary Ellen Cummings”
for the Board