0020-99-G International Union of Bricklayers and Allied Craftworkers Local 2, Toronto/Barrie now known as Brick and Allied Craft Union of Canada, Local 2, Toronto/Barrie, Applicant v. Limen Masonry Limited, Responding Party.
BEFORE: Harry Freedman, Vice-Chair and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; March 13, 2000
1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended ("the Act").
2Prior to the hearing in this matter the parties entered into the following Memorandum of Agreement:
ONTARIO LABOUR RELATIONS BOARD
File No. 0020-99-G
BETWEEN:
International Union of Bricklayers and Allied Craftworkers Local 2, Toronto/Barrie now known As Brick and Allied Craft Union of Canada, Local 2, Toronto/Barrie,
Applicant,
- and -
Limen Masonry Limited,
Responding Party.
MEMORANDUM OF AGREEMENT
Whereas the Applicant in this matter alleged that the responding party is bound to the collective agreement(s) referred to in paragraph 1 below;
And whereas the responding party acknowledges that it is bound to this/these agreement(s);
Therefore the parties agree to settle this matter on the terms set out below and request 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 May 1, 1995 to April 30, 1998 as between Brick and Allied Craft Union of Canada and the Masonry Industry Employers Council.
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 article 19.
An order that the Responding Party will pay to the Applicant, as damages, the amount of $5,150.00 as full and final settlement for the above violations of the collective agreement.
An order that payment is to be made to the Applicant forthwith.
Dated at Toronto this 18 day of Feb,.
"Antonio Lima" "Ron Smith"
For the Responding Party For the Applicant
3Having regard to the Memorandum of Agreement, dated February 18, 2000, between the parties, filed, the Board:
(a) declares that Limen Masonry Limited is bound to the collective agreement between Brick and Allied Craft Union of Canada and the Masonry Industry Employers Council. effective from May 1, 1995 to April 30, 1998 ("the Collective Agreement");
(b) declares that Limen Masonry Limited has agreed to abide by the terms and conditions of the Collective Agreement;
(c) declares that Limen Masonry Limited has violated article 19 of the Collective Agreement;
(d) directs Limen Masonry Limited to pay forthwith to the applicant the sum of $5,150.00.
"Harry Freedman"
for the Board