2825-99-G International Brotherhood of Painters and Allied Trades, Glaziers Local 1819, Applicant v. Savoy Glass, Responding Party.
BEFORE: John Morgan Lewis, Vice-Chair, and Board Members G. Pickell and
A. Haward.
DECISION OF THE BOARD; February 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 the following memorandum of agreement:
ONTARIO LABOUR RELATIONS BOARD
File No. 2825-99-G
BETWEEN:
International Brotherhood of Painters and Allied Trades, Glaziers Local 1819
Applicant,
‑ and ‑
Savoy Glass
Responding Party.
MEMORANDUM OF AGREEMENT
The parties agree with each other as follows and request that 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 28, 1998 to April 30, 2001 as between 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 & Allied Trades.
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 articles 4, 12, 13, 15.02, 17, 18, 26, 27, 29, 30, 34 and 35.
An order that the Responding Party will pay to the Applicant, as damages, the amount of $72,123.11 as full and final settlement for the above violations of the collective agreement.
An order that payment is to be made to the Applicant in accordance with the schedule attached hereto as Schedule “A”.
Dated at Toronto this 11th day of February, 2000.
“Dermot Lynch” . “Steve Savoy” .
Signature for the Signature for the
Applicant Responding Party
Dermot Lynch, Bus. Rep. . Steve Savoy, President .
Print Name and Title Print Name and Title
File No. 2825-99-G
Schedule “A”
Payment Schedule
An order that the employer is to pay the aforementioned amount of $72,123.11 in twelve installments as follows:
$10,000.00 on or before February 29, 2000
$5,500.00 on or before March 29, 2000
$5,500.00 on or before April 29, 2000
$5,500.00 on or before May 29, 2000
$5,500.00 on or before June 29, 2000
$5,500.00 on or before July 29, 2000
$5,500.00 on or before August 29, 2000
$5,500.00 on or before September 29, 2000
$5,500.00 on or before October 29, 2000
$5,500.00 on or before November 29, 2000
$5,500.00 on or before December 29, 2000
$7,123.11 on or before January 29, 2001
An order that if any of the required monthly reports and payments which come due during the above period are not received in a timely manner as per the collective agreement, the entire amount then outstanding will become due and payable forthwith, and an order that if any of the above payments should fall into arrears, the entire amount then outstanding will become due and payable forthwith.
“Dermot Lynch” . “Steve Savoy” .
Signature for the Signature for the
Applicant Responding Party
Dermot Lynch, Bus. Rep. . Steve Savoy, President .
Print Name and Title Print Name and Title
- Having regard to the memorandum of agreement, to the representations before it and pursuant to section 133 of the Labour Relations Act, 1995, the Board makes the following determination:
declares that Savoy Glass is bound to the collective agreement between 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 & Allied Trades, effective May 28, 1998 to April 30, 2001 (the “Collective Agreement”);
declares that Savoy Glass has violated the Collective Agreement and in particular Articles 4, 12, 13, 15.02, 17, 18, 26,2 7, 29, 30, 34 and 35; and
orders that Savoy Glass pay to the applicant as damages, the amount of $72,123.11 in accordance with the following schedule:
$10,000.00 on or before February 29, 2000
$5,500.00 on or before March 29, 2000
$5,500.00 on or before April 29, 2000
$5,500.00 on or before May 29, 2000
$5,500.00 on or before June 29, 2000
$5,500.00 on or before July 29, 2000
$5,500.00 on or before August 29, 2000
$5,500.00 on or before September 29, 2000
$5,500.00 on or before October 29, 2000
$5,500.00 on or before November 29, 2000
$5,500.00 on or before December 29, 2000
$7,123.11 on or before January 29, 2001
- orders that if any of the required monthly reports and payments which come due during the above period are not received in a timely manner as per the collective agreement, the entire amount then outstanding will become due and payable forthwith, and orders that if any of the above payments should fall into arrears, the entire amount then outstanding will become due and payable forthwith.
"John Morgan Lewis"
for the Board```