International Brotherhood of Electrical Workers, Local 586 v. 1048519 Ontario Ltd. c.o.b. as Disc Electric, 2000 CanLII 7058

3010-99-G International Brotherhood of Electrical Workers, Local 586, Applicant v. 1048519 Ontario Ltd. c.o.b. as Disc Electric, Responding Party.

BEFORE: Harry Freedman, Vice‑Chair, and Board Members G. Pickell and A. Haward.

DECISION OF THE BOARD; February 10, 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 Minutes of Settlement:

Board File No. 3010-99-G

LABOUR RELATIONS ACT

BETWEEN:

International Brotherhood of Electrical Workers,

Local 586,

(Hereinafter referred to as “the Union”)

‑ and ‑

1048519 Ontario Ltd. c.o.b. as Disc Electric

(Hereinafter referred to as “the Employer”)

MINUTES OF SETTLEMENT

WHEREAS the Union filed a grievance with the Employer dated November 11, 1999;

AND WHEREAS the Union and the Employer are bound to the Collective Agreement entered into between the Electrical Trade Bargaining Agency of the Electrical Contractors’ Assocition of Ontario et al and the International Brotherhood of Electrical Workers and IBEW Construction Council of Ontario, and to any renewals thereof (the Principal Agreement, in addition to being bound to the Collective Agreement entered into between Local 586 and the Electrical Contractors’ Association of Ottawa applicable to the residential sector of the construction inudstry and which agreements are hereinafter collectively referred to as “Collective Agreement”;

AND WHEREAS the Employer agrees that it subcontracted work to a non-union contractor in violation of Section 5 and Section 7 of the Collective Agreement;

AND WHEREAS the Union referred a grievance to the Ontario Labour Relations Board under Board File 3010-99-G and the Employer is in default o the time to file a Request for Hearing and Notice of Intent to Defend;

AND WHEREAS the Union and the Employer wish to resolve all matters arising from the grievance, the parties hereto agree as follows and jointly request that the Board issue directions and orders as follows:

1. The Employer acknowledges that it has violated the Collective Agreement as set out in the grievance filed by the Union and it is directed to cease and desist from violating the Collective Agreement;

2. The Employer is liable to the union for damages arising from the foregoing violation and is required to pay damages to the union in the sum of $688.50 forthwith.

“Ivan Doyle” “James Barry”

For the Employer For the Union

3Having regard to the undated Minutes of Settlement between the parties, filed, the Board:

(a) declares that 1048519 Ontario Ltd. c.o.b. as Disc Electric has violated the Collective Agreement;

(b) directs 1048519 Ontario Ltd. c.o.b. as Disc Electric to cease and desist from violating the Collective Agreement;

(c) directs 1048519 Ontario Ltd. c.o.b. as Disc Electric to pay forthwith to the applicant the sum of $688.50.

“Harry Freedman”

for the Board