0671-00-G International Union of Painters and Allied Trades, Local 1819, Applicant v. Mallfronts International Inc., 1283205 Ontario Inc. and Michael Levy Glass Contractor Limited, Responding Parties.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; September 8, 2000
1. This is an application under section 133 of the Labour Relations Act, 1995 (“the Act”). The matter was scheduled to come on for hearing before the Board on September 13, 2000; however, prior to the scheduled hearing the parties were able to settle the matters in dispute between them. That settlement was reduced to writing and reads as follows:
OLRB File No. 0671-00-G
International Union of Painters & Allied Trades, Glaziers Local 1819 - the Applicant
- and –
Mallfronts International Inc., 1283205 Ontario Inc., and Michael Levy Glass Contractors Limited
-Responding Parties
Minutes of Settlement & Consent Order
Whereas the hearing of this grievance is scheduled before the Board on Sept. 13, 2000;
And whereas the parties have met & have resolved the issues in dispute between them;
Therefore the parties agree as follows & request that the Board issue the declarations & orders contained herein:
(1)Declare that the Responding Parties are bound to the collective agreement between the Architectural Glass & Metal Contractors Association & the International Union of Painters & Allied Trades & the Ontario Council of the I.U.P.A.T. effective until April 30, 2001, (“the Provincial Agreement”);
(2)Declare that the Responding Parties have violated the Union Security provisions, Article 3, of the Provincial Agreement;
(3)Order that the damages payable for that violation are $54,000.00;
(4)Order that the damages be paid as follows:
(i) $3,000.00 to the Applicant by on or before Sept. 12, 2000;
(ii) $500.00 per month for twelve months starting October 15, 2000 and continuing until September 15, 2001, save & except if the Responding Parties fail or refuse to pay any of these monthly instalments, the entire balance owing on the date of default becomes immediately due & payable & subject to immediate collection by the Applicant;
(iii) the balance of $45,000.00 to be held in abeyance to be paid by the Responding Parties to the Applicant only if the Applicant files a grievance alleging a breach of the union security provisions of the Provincial Agreement on the Maintenance Agreement by any of the Responding Parties, or by any other business name found to be a related or successor employer to the Responding Parties, at which time these damages become due in addition to any damages payable as the result of that future violations. The grievance described herein must be filed by the Applicant by on or before Sept. 5, 2004. If no such grievance is filed, by that date, these damages are voided & are no longer subject to collection by the Applicant. The Applicant must be successful in establishing a new violation on the grievance described herein before the damages described in this paragraph are triggered.
(5)The parties accept these Minutes of Settlement & Consent Orders in full & final settlement of all matters between them prior to the date hereof.
Dated at Toronto this 6th day of Sept. 2000
(“Dermot Lynch”) (“Michael Levy”)
for the Applicant For the Responding Parties
Dermot Lynch
2. Having regard to the Minutes of Settlement & Consent Orders, the Board hereby makes the consent orders, declarations and directions to which the parties have agreed.
“Inge M. Stamp”
for the Board