2433-00-G Universal Workers Union L.I.U.N.A. Local 183, Applicant v. Vaughan Forming Inc., Responding Party.
BEFORE: Marilyn Silverman, Vice‑Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; December 8, 2000
[1]. The applicant has referred 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:
ONTARIO LABOUR RELATIONS BOARD
File No. 2433-00-G
BETWEEN:
Universal Workers Union L.I.U.N.A. Local 183,
Applicant,
- and -
Vaughan Forming Inc.,
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, 1998 – April 30, 2001 as between the Universal Workers Union, L.I.U.N.A. Local 183 and the Residential Low-Rise Forming Contractors’ Association of Metropolitan Toronto & Vicinity.
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 articles 1, 2 and 11 of the collective agreement and schedule “A” attached and forming part of the collective agrement.
An order that the Responding Party pay to the Applicant, as damages, the amount of $10,500.00 as full and final settlement for the above violations of the collective agreement.
An order that payment is to be made to the Applicant as follows:
(i) $500.00 immediately;
(ii) $10,000.00 payable only if and when the Responding party is found by the Ontario Labour Relations Board to have violated the collective agreement in the same manner as set out in the grievance dated October 20, 2000 and this Referral of Grievance to arbitration (File 2433-00-G), in addition to any other damages which may be owing.
Dated at Toronto this 29 day of November, 2000
“Nino Betti” “Luis Camara”
Signature for the Signature for the Applicant
Responding Party
Nino Betti Luis Camara
Print Name and Title Print Name and Title
[3]. Having regard to the Memorandum of Agreement, the Board makes the following declarations and orders:
declares that the Responding Party is bound to the collective agreement effective May 1, 1998 – April 30, 2001 as between the Universal Workers Union, L.I.U.N.A. Local 183 and the Residential Low-Rise Forming Contractors’ Association of Metropolitan Toronto & Vicinity (the “Collective Agreement”);
declares that the Responding Party has violated the collective agreement mentioned above and in particular articles 1, 2 and 11 of the collective agreement and schedule “A” attached and forming part of the collective agrement.
orders the Responding Party pay to the Applicant, as damages, the amount of $10,500.00 as full and final settlement for the above violations of the collective agreement;
orders the payment to be made to the Applicant as follows:
(a) $500.00 immediately;
(b) $10,000.00 payable only if and when the Responding party is found by the Ontario Labour Relations Board to have violated the collective agreement in the same manner as set out in the grievance dated October 20, 2000 and this Referral of Grievance to arbitration (File 2453-00-G), in addition to any other damages which may be owing.
[4]. The Board notes the agreement of the responding party to abide by the full terms and conditions of the collective agreement.
“Marilyn Silverman”
for the Board