International Union of Painters and Allied Trades, Local 1819, Glaziers v. Stanley Canada Inc., 2000 CanLII 6553

1181-00-G International Union of Painters and Allied Trades, Local 1819, Glaziers, Applicant v. Stanley Canada Inc., Responding Party.

BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.

DECISION OF THE BOARD; November 6, 2000

This is an application for the referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995, S.O. 1995, ch. 1 as amended (the “Act”). Prior to the hearing set in this matter, the parties entered into an agreement to settle the matter. This agreement provides as follows:

OLRB File No. 1181-00-G

the Applicant
and -

the Responding Party

WHEREAS, the Applicant has referred a grievance to arbitration by the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, and the Board has scheduled a hearing on September 25, 2000;

AND WHEREAS, the parties have met and have resolved the issues in dispute between them;

THEREFORE, the parties agree as follows and request that the Board issue the following declarations and orders:

Declare that the Responding Party is bound to the collective agreement between the Architectural Glass and Metal Contractors Association and the International Brotherhood of Painters and Allied Trades and the Ontario Council of the International Brotherhood of Painters and Allied Trades effective until April 30, 2001 (“the Provincial Agreement”);
Declare that the Responding Party has violated Article 3 – Union Security of the Provincial Agreement;
Declare that the damages owing for that violation are $45,000.00;
Order that the Responding Party pay the damages described at paragraph 3 according to the following schedule:

(a) $15,000.00 by on or before January 5, 2001;

(b) the balance of $30,000.00 only if the Applicant files a grievance prior to September 22, 2003, alleging that the Responding Party has violated the Union Security provisions of the Provincial Agreement, either by employing persons who are not members of the Applicant or by subcontracting the performance of bargaining unit work to contractors which are not in contractual relations with the Union, and is successful in establishing that there has been such a violation. In that future grievance, if any, the $30,000.00 damages ordered payable pursuant to this Minutes of Settlement and Consent Order becomes payable to the Applicant in addition to all damages which are proved in that future grievance.

Provided the Board makes the above declarations and order, the parties accept the terms and conditions of these Minutes of Settlement and Consent Order in full and final resolution of all outstanding matters between them to the date hereof.

DATED at Toronto this 27th day of October, 2000

I.U.P.A.T., LOCAL 1819, GLAZIERS

“Dermot Lynch”

STANLEY CANADA INC.

“R. Daldin”

Having regard to the agreement of the parties, the Board makes the declarations and orders agreed to by the parties, set out above.

“David A. McKee”

for the Board

MINUTES OF SETTLEMENT and CONSENT ORDER