1281-00-G Construction Workers Local 52, affiliated with the Christian Labour Association of Canada, Applicant v. North America Construction (1993) Ltd., Responding Party.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; August 10, 2000
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. 1281-00-R
BETWEEN:
Construction Workers Local 52, affiliated with the Christian Labour Association of Canada,
Applicant,
‑ and ‑
North America Construction (1993) Ltd.,
Responding Party.
MEMORANDUM OF AGREEMENT
The parties agree with each other as follows, and request that 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 Dec. 1/98 as between North America Construction (1993) Ltd. and Construction Workers Local 52, affiliated with the Christian Labour Association of Canada (CLAC).
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 2.02 of the construction agreement.
An order that the Responding Party will pay to the Applicant, as damages, the amount of $1508.60 in unpaid wages (subject to statutory deductions) plus $150 reimbursement of travel costs 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 forthwith.
Dated at Guelph this 8th day of August, 2000.
"Shelley Roes" "Ron Rupke"
Signature for the Signature for the
Responding party Applicant
Shelley Roes Ron Rupke – Ontario Representative
Print Name and Title Print Name and Title
3Having regard to the Memorandum of Agreement, dated August 8, 2000, between the parties, filed, the Board:
(a) declares that North America Construction (1993) Ltd. is bound to the collective agreement between North America Construction (1993) Ltd. and Construction Workers Local 52, affiliated with the Christian Labour Association of Canada (CLAC) effective from December 1, 1998 (the "Collective Agreement");
(b) declares that North America Construction (1993) Ltd. has agreed to abide by the terms and conditions of the Collective Agreement;
(c) declares that North America Construction (1993) Ltd. has violated articles 2.02 of the Construction Collective Agreement;
(d) directs North America Construction (1993) Ltd. to pay forthwith to the applicant the sum of $1,508.60 in unpaid wages (less statutory deductions) plus $150.00.
"Harry Freedman"
for the Board