Drywall Acoustic Lathing and Insulation, Local 675, United Brotherhood of Carpenters and Joiners of America v. Viking Drywall and Acoustics Inc. and Frank Anthony Busseri
0440-00-G Drywall Acoustic Lathing and Insulation, Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Viking Drywall and Acoustics Inc. and Frank Anthony Busseri, Responding Parties.
0791-00-G Drywall Acoustic Lathing and Insulation, Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Viking Drywall and Acoustics Inc. and Frank Anthony Busseri, Responding Parties.
1107-00-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Viking Drywall and Acoustics Inc. and Frank Anthony Busseri, Responding Parties.
BEFORE: Marilyn Silverman, Vice‑Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; July 28, 2000
These are referrals of grievances to arbitration under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 (‘the Act’).
The parties have entered into a Memorandum of Agreement dated July 27, 2000 which reads as follows:
ONTARIO LABOUR RELATIONS BOARD
File Nos. 0440-00-G
0791-00-G
1107-00-G
BETWEEN:
Drywall Acoustic, Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America
Applicant,
‑ and ‑
Viking Drywall and Acoustics Inc. and Frank Anthony Busseri
Responding Parties.
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 April 30, 1998 to May 1, 2000 as between Carpenters Employer Bargaining Agency and the Carpenters District Council, United Brotherhood of Carpenters and Joiners of America and the Carpenters Employer Bargaining Agency.
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 9 by failing to remit benefits, dues, contributions and deductions.
An order that the Responding party pay to the Applicant, as damages, the amount of $8,000.00 as full and final settlement for the above violations of the collective agreement.
- and –
An order that payment is to be made to the Applicant forthwith.
- An order that the style of cause be amended as above.
Dated at Toronto this 27th day of July.
“Frank Busseri” “Luigi Caringi”
Signature for the Signature for the
Responding Party Applicant
Frank Busseri Luigi Caringi
Print Name and Title Print Name and Title
Having regard to the Memorandum of Agreement and the request of the parties, the Board makes the following declarations, directions and orders:
The Board declares that Viking Drywall and Acoustics Inc. and Frank Anthony Busseri are bound to the collective agreement effective May 1, 1998 to April 30, 2001 as between Carpenters District Council, United Brotherhood of Carpenters and Joiners of America and the Carpenters Employer Bargaining Agency;
The Board declares that Viking Drywall and Acoustics Inc. and Frank Anthony Busseri have violated the collective agreement mentioned above and in particular article 9 by failing to pay benefits;
The Board orders Viking Drywall and Acoustics Inc. and Frank Anthony Busseri to pay the Applicant, as damages, the amount of $8,000.00 forthwith as full and final settlement for the above violations of the collective agreement;
The style of cause is hereby amended as above.
The Board notes the agreement of the responding party to abide by the full terms and conditions of the collective agreement.
“Marilyn Silverman”
for the Board