2979-99-G International Brotherhood of Electrical Workers, Local 353, Applicant v. Jeti Heating Systems Inc., Responding Party.
BEFORE: Gail Misra, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; January 17, 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 a Memorandum of Agreement dated January 13, 2000.
Having regard to the Memorandum of Agreement, to the material before it, and pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”), the Board makes the following declarations and directions:
(1) The Board declares that Jeti Heating Systems Inc. is bound to the Principal Agreement between the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario effective until April 30, 2001 and the Residential Lowrise Agreement between the Electrical Contractors Association of Toronto and the International Brotherhood of Electrical Workers, Local 353 effective until May 31, 2002.
(2) The Board declares that Jeti Heating Systems Inc. has agreed to abide by the full terms and conditions of the above-mentioned collective agreements.
(3) The Board declares that Jeti Heating Systems Inc. has violated the collective agreement mentioned above and in particular Sections 5 and 7 of the Principal Agreement and Clause 1001 of the Applicant’s Appendix to the Principal Agreement.
(4) The Board orders that Jeti Heating Systems Inc. to pay to the applicant, as damages, the amount of $1,750.00 as full and final settlement for the above violations of the collective agreement.
(5) The Board order that payment is to be made to the applicant by February 1, 2000.
“Gail Misra”
for the Board