0159-00-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Country Drywall 2000 Corp., Responding Party.
0160-00-G Drywall Acoustic Lathing and Insulation Local 675, of the United Brotherhood of Carpenters and Joiners of America, Applicant v. Country Drywall 2000 Corp., Responding Party.
0445-00-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Country Drywall 2000 Corp., Responding Party.
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; July 5, 2000
1These are three referrals of grievances in the construction industry, pursuant to section 133 of the Labour Relations Act, 1995, (the “Act”).
2The parties have entered into Minutes of Settlement which they have asked the Board to incorporate into a consent order of the Board. They have specifically asked the Board to incorporate their payment schedule.
3The parties have also asked the Board to adjourn this matter sine die. With respect, since the parties have resolved the matters between them, there are no issues left to be adjudicated, hence, no proceedings to adjourn.
The Minutes of Settlement provide as follows:
Board File Nos. 0159-00-G
0160-00-G
0445-00-G
DRYWALL ACOUSTIC LATHING AND INSULTATION LOCAL 675 UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA,
Applicant
‑ and ‑
COUNTRY DRYWALL 2000 CORP.
Responding Party
MINUTES OF SETTLEMENT
WHEREAS the Applicant, Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America (hereinafter referred to as Local 675), has filed three Referrals of Grievances to Arbitration under Section 133 of the Labour Relations Act against the Responding Party.
AND WHEREAS the grievance which forms the basis of Ontario Labour Relations Board File 0159-00-G is dated December 20, 2000 and alleges that the responding party used non-union workers at the York Central Hospital, University of Toronto, and Post Road projects;
AND WHEREAS the Ontario Labour Relations Board in Ontario Labour Relations Board File 0159-00-G has issued a decision dated May 2, 2000 declaring that the Responding Party is bound to the Carpenters' Provincial Collective Agreement and to the ISCA Collective Agreement and has scheduled a hearing to assess damages on June 6, 2000;
AND WHEREAS the grievance that forms the basis of Ontario Relations Board File No. 0160-00-R dated December 20, 1999 and alleges that the Responding Party failed to pay benefits for the months of July to October, 1999 and the Ontario Labour Relations Board has scheduled this matter for hearing on June 6, 2000;
AND WHEREAS the grievance which forms the basis of Ontario Labour Relations Board File No. 0445-00-G alleges that the Responding Party failed to pay benefits for the month of March, 2000 and the Ontario Labour Relations Board has scheduled this matter for hearing on June 6, 2000;
AND WHEREAS the Applicant and the Responding Party wish to resolve the Section 133 Referrals.
NOW THEREFORE the Parties agree as follows and request that the Ontario Labour Relations Board make the following orders and declaration in Ontario Labour Relations Board file 0445-00-G;
Country Drywall 2000 Corp. agrees that it is bound to the Carpenters Provincial Collective Agreement between the Carpenters Employer Bargaining Agency and the Carpenters District Council of Ontario. United Brotherhood of Carpenters and Joiners of America effective April 30, 1998 to May 1, 2001, and the collective agreement between Interior Systems Contractors Association of Ontario and Drywall Acoustic Lathing and Insulation Local 675, effective as of June 23, 1998 and expiring on the 30th day of April, 2001 (hereinafter referred to as “the Collective Agreement”);
An Order that this matter be adjourned sine die,
NOW THEREFORE the Parties agree as follows and request that the Ontario Labour Relations Board make the following Orders and Declarations in Ontario Labour Relations Board file 0160-00-G;
- An Order that Country Drywall 2000 Corp. pay $100,000 to the Applicant forthwith inclusive of costs.
NOW THEREFORE the Parties agree as follows and request that the Ontario Labour Relations Board make the following Orders and Declarations in Ontario Labour Relations Board file 0159-00-G;
- An Order that this matter be adjourned sine die.
DATED at Toronto, 19 day of June, 2000.
”Illegible Signataure”
For Responding Party
“Illegible Signature”
For Local 675
July ’99 – May 2000
$100,000.00 Payments
YC – July 7 - $30,000.00
AXOR – July 15 - $30,000.00
Aug. 15 $10,000.00
Sept. 15 $10,000.00
Oct. 15 $10,000.00
Nov. 15 $10,000.00
4Having regard to the request of the parties, the Board orders that Country Drywall 2000 Corp. pay $100,000.00 to the applicant in accordance with the following schedule:
Y.C July 7, 2000 $30,000
Exor July 15, 2000 $30,000
August 15, 2000 $10,000
September 15, 2000 $10,000
October 15, 2000 $10,000
November 15, 2000 $10,000.
“Mary Ellen Cummings”
for the Board