Brick and Allied Craft Union of Canada, Local Union No. 31 v. Halton Hills Flooring & Contractors Inc.
File No.: 1174-00-G Date: August 28, 2000
Before: John Morgan Lewis, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD
1The 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.
2During the course of the hearing, the parties entered into the following memorandum of agreement:
ONTARIO LABOUR RELATIONS BOARD
File No. 1174-00-G
BETWEEN:
Brick and Allied Craft Union of Canada, Local Union No. 31 (formerly known as the International Union of Bricklayers and Allied Craftworkers, Local Union No. 31)
Applicant,
‑ and ‑
Halton Hills Flooring & Contractors Inc.
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 Provincial Collective Agreement for Marble, Tile, Terrazzo, Cement Masons and Resilient Floor Layers as between the Employee Bargaining Agency and the Employer Bargaining Agency for parties bound to that agreement.
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(1)(c) thereof.
An order that the Responding Party will pay to the Applicant, as damages, the amount of 5,500.00 as full and final settlement for the above violations of the collective agreement.
Dated at 3:25 p.m. this 25th day of August, 2000.
"Chris Ross" Signature for the Applicant Chris Ross Print Name and Title Local 31 Bus. Mgr.
"Mirko Furjanic" Signature for the Responding Party Mirko Furjanic Print Name and Title Owner
Schedule "A"
Payment Schedule
- An order that the employer is to pay the aforementioned amount of $5,500.00 in 4 installments as follows:
(i) on or before Tuesday August 29, 2000: $1,000.00
(ii) on or before Friday September 1, 2000: $2,000.00
(iii) on or before October 2, 2000: $1,250.00
(iv) on or before Nov 1, 2000: $1,250.00
An order that all such payments shall be made by way of certified cheque delivered to the offices of the Union.
An order that if any of the above payments should fall into arrears, the entire amount of the $5,500.00 referred to in paragraph 4 then outstanding plus the additional amount of $5,415.00 (which represents damages and not a penalty) will become due and payable forthwith.
"Chris Ross" Signature for the Applicant Chris Ross Print Name and Title Local 31 Bus. Mgr.
"Mirko Furjanic" Signature for the Responding Party Mirko Furjanic Print Name and Title Owner
3Having regard to the memorandum of agreement, to the representations before it and pursuant to section 133 of the Labour Relations Act, 1995, the Board makes the following determination:
declares that Halton Hills Flooring & Contractors Inc. is bound to the Provincial Collective Agreement for Marble, Tile, Terrazzo, Cement Masons and Resilient Floor Layers as between the Employee Bargaining Agency and the Employer Bargaining Agency (the "Collective Agreement");
declares that Halton Hills Flooring & Contractors Inc. has violated the Collective Agreement and in particular Article 1(1)(c); and
orders that Halton Hills Flooring & Contractors Inc. pay to the applicant as damages, the amount of $5,500.00 as follows:
(i) on or before Tuesday August 29, 2000: $1,000.00
(ii) on or before Friday September 1, 2000: $2,000.00
(iii) on or before October 2, 2000: $1,250.00
(iv) on or before Nov 1, 2000: $1,250.00
orders that all such payments shall be made by way of certified cheque delivered to the offices of the applicant;
orders that if any of the above payments should fall into arrears, the entire amount of the $5,500.00 referred to in paragraph 4 then outstanding plus the additional amount of $5,415.00 (which represents damages and not a penalty) will become due and payable forthwith.
"John Morgan Lewis"
for the Board