2694-00-G Labourers’ International Union of North America, Local 837, Applicant v. OBN Company (991877 Ontario Limited), Bono General Construction Co. Ltd., Responding Parties.
BEFORE: John Morgan Lewis, Vice‑Chair.
DECISION OF THE BOARD; December 21, 2000
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.
Prior to the hearing in this matter the parties entered into the following Memorandum of Agreement:
File No. 2694-00-G
BETWEEN
Labourers International Union of North America, Local 837,
Applicant,
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OBN Company (991877 Ontario Limited)
Bono General Construction Co. 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 January 1, 1999 as between Labourers’ International Union of North America, Local 837 – and – OBN Company and Bono General Construction Co. Ltd.
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 16, 17, 19, 20.
An order that the Responding Party will pay to the Applicant, as damages, the amount of 178,974.25 as full and final settlement for the above violations of the collective agreement. This amount does not include the contributions, remittances and deductions owing for the month of November, 2000.
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An order that payment is to be made to the Applicant forthwith.
Dated at Hamilton this 18^th^ day of December 2000.
“Grace Barrow”
Grace Barrow Office Adm OBN 991877 Ontario Ltd.
“illegible signature” “Daniel Randazzo”
Signature for the Signature for the
Responding Party Applicant
Daniel Randazzo, Counsel
Print Name and Title Print Name and Title
Having 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 determinations:
Declares that the responding party is bound to the collective agreement effective January 1, 1999 as between Labourers’ International Union of North America, Local 837 and OBN Company and Bono General Construction Co. Ltd.
Declares that the responding party has violated the collective agreement mentioned above, and in particular Articles 16, 17, 19 and 20 thereof.
Orders the responding party to pay forthwith to the applicant, as damages, the amount of $178,974.25 as full and final settlement for the above violations of the collective agreement. This amount does not include the contributions, remittances and deductions owing for the month of November, 2000.
“John Morgan Lewis”
for the Board