0964-00-G International Union of Painters and Allied Trades, Local 1819, Glaziers, Applicant v. Service Glass & Mirror Ltd., Sandra Friedman o/a Hillside Glass and Mirror, Responding Parties.
1875-00-R International Union of Painters and Allied Trades, Local 1819, Glaziers, Applicant v. General Glass & Aluminum Company Limited, Service Glass and Mirror Ltd., Sandra Friedman c.o.b. as Hillside Glass and Mirror, Responding Parties.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; November 29, 2000
1The applicant filed an application for declaratory and other relief under sections 69 and 1(4) of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended (the “Act”) (Board File No. 0964-00-R) and a referral of a grievance to the Board for determination under section 133 of the Act, (Board File No. 1875-00-G).
2Prior to the hearing in these matters the parties entered into the following Minutes of Settlement and Consent Order:
OLRB File No. 0964-00-G
1875-00-G
International Union of Painters & Allied Trades,
Local 1819, Glaziers,
the Applicant,
‑ and ‑
General Glass & Aluminum Company Limited,
Service Glass & Mirror Ltd.,
Sandra Friedman c.o.b. as Hillside Glass & Mirror,
the Responding Parties.
Minutes of Settlement & Consent Order
Whereas representatives of the Applicant and of the Responding Party Sandra Friedman cob as Hillside Glass & Mirror have met with a Labour Relations Officer and resolved the issues in dispute between them;
Therefore, the parties agree as follows and request that the Board issue the declarations and orders described herein:
Sandra Friedman and Bruce Mott agree that Bruce Mott is the person in direction and control of the glass business of Sandra Friedman cob as Hillside Glass & Mirror, a business registered by Sandra Friedman.
Sandra Friedman cob as Hillside Glass & Mirror (“Hillside Glass”) recognizes the Applicant as the bargaining agent for the glaziers and glazing apprentices in its employ in the construction industry in the Province of Ontario. Sandra Friedman and Bruce Mott will execute a Voluntary Recognition Agreement to that effect on today’s date.
3Mott has advised the Applicant that Hillside Glass has the following ongoing work:
(i) Royal Bank, Oakville
(ii) Mississauga Entertainment Centrum Building
(iii) Building “B”, for Mirton Construction
(iv) Building “D”, for Mirton Construction
(v) 980 Burnhamthorpe Rd.
(the “Red Circled Projects”).
4The Applicant agrees that Hillside Glass can complete the Red Circled Projects without regard to the terms and conditions of the Applicant’s collective agreement until February 1, 20001, after which date the Applicant’s bargaining rights and collective agreement become fully enforceable on the Red Circled Projects.
5The Applicant shall forthwith advise Harbridge & Cross Limited that it has reached a resolution of its dispute with Hillside Glass and that it has no objection to Harbridge & Cross releasing funds to Hillside Glass.
6Hillside Glass shall apply the full terms and conditions of the applicant’s collective agreement to all its work, other than the Red Circled Projects, effective immediately.
7The parties request that the Board do the following:
(i) Declare that Hillside Glass 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”);
(ii) Declare that Hillside Glass has violated Articles 2 and 3 of the Provincial Agreement;
(iii) Declare that the damages for this violation are $10,000.00;
(iv) Order that the damages be paid according to the following schedule:
(a) $5,000.00 by 10 post-dated cheques of $500.00 each, made payable to the Applicant, and delivered to the Applicant on or before January 20, 2001, post-dated starting January 20, 2001 and on the 20th of each month until October 20, 2001, inclusive; save and except, should any payment not be honoured, the entire balance due and owing on the date of default becomes immediately due and payable and subject to immediate collection by the Applicant;
(b) $5,000.00 to be paid to the Applicant only if, prior to November 23, 2001, the Applicant grieves against Hillside Glass and proves a violation of the Union Recognition and/or Union Security and/or SubContracting provisions of the Provincial Agreement in force at that time, in which case the $5,000.00 ordered hereunder becomes payable in addition to any damages found to be owing as a result of that future violation.
8Hillside Glass shall provide the names of its current employees to the Applicant by November 30, 2000.
9The Applicant accepts the terms and conditions herein in full and final resolution of all violations of its Provincial Agreement committed by Hillside Glass prior to the date hereof, and hereby withdraws its request for remedies against the other named Responding Parties.
Dated at Toronto this 23rd day of November, 2000.
“Dermot Lynch” “Sandra Friedman”
for the Applicant for Sandra Friedman cob
as Hillside Glass and Mirror
“Bruce Mott”
- Having regard to the Minutes of Settlement and Consent Order, dated November 23, 2000, between the parties, filed, the Board:
(a) declares that Sandra Friedman cob Hillside Glass and Mirror (“Hillsdale Glass”) 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”);
(b) declares that Hillside Glass has violated Articles 2 and 3 of the Provincial Agreement;
(c) directs Hillside Glass to pay forthwith to the applicant the sum of $10,000.00 according to the following schedule:
(i) $5,000 by 10 post-dated cheques of $500.00 each, made payable to the applicant and delivered to the applicant on or before January 20, 2001, post-dated starting January 20, 2001 and the 20th of each month thereafter until October 20, 2001 inclusive, provided however, should any payment not be made because a cheque is not honoured, the entire balance remaining shall immediately become due and payable and shall be paid forthwith;
(ii) the remaining $5,000.00 shall be paid forthwith upon the applicant successfully grieving before November 23, 2001 that Hillside violated the union recognition, union security or subcontracting provision of the Provincial Agreement or its successor collective agreement.
“Harry Freedman”
for the Board