Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. 918070 Ontario Ltd. O/A Baseform Structural Construction
0681-00-G Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. 918070 Ontario Ltd. O/A Baseform Structural Construction, Responding Party.
BEFORE: M. A. Nairn, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; June 14, 2000
1The 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.
2Prior to the hearing in this matter the parties entered into the following Minutes of Settlement:
MINUTES OF SETTLEMENT
BETWEEN:
Carpenters And Allied Workers, Local 27 United Brotherhood Of Carpenters And Joiners Of America the “Applicant”
-and-
918070 Ontario Limited o/a Baseform Structural Construction the “Responding Party”
OLRB File No. 0681-00-G
WHEREAS the Applicant has referred the above noted grievance on behalf of the Applicant and its members to arbitration pursuant to the Labour Relations Act;
AND WHEREAS the parties wish to make arrangements to further harmonious labour relations;
NOW THEREFORE the parties agree as follows and jointly request that the Board make the following declarations and orders:
A Declaration that the Applicant and the Responding Party are bound by the collective agreement between the Carpenters Employer and Employee Bargaining Agencies (“the EBA Agreement”) effective from May 1, 1998 to April 30, 2001.
A Declaration that the Responding Party has violated Articles 8, 9 and 10 of the EBA Agreement.
An Order that the Responding Party pay to the Applicant in trust the sum of $41,190.11 as damages arising from the said violations forthwith.
It is agreed that said sum is in respect of unpaid remittances for the September and October 1999; and March and April 2000 work months.
- The parties agree that this settlement does not include any delinquent charges that may be assessed by the Applicant’s Trust Fund Administrator.
Dated at Toronto this 13th day of June, 2000.
FOR THE APPLICANT “Jack Slaughter” Jack Slaughter
FOR THE RESPONDING PARTY “Claudio Ferranti” Claudio Ferranti
3Having 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:
(a) declares that Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America and 918070 Ontario Ltd. O/A Baseform Structural Construction are bound by the collective agreement between the Carpenters Employer and Employee Bargaining Agencies (“the EBA Agreement”) effective from May 1, 1998 to April 30, 2001;
(b) declares that 918070 Ontario Ltd. O/A Baseform Structural Construction violated Articles 8, 9 and 10 of the EBA Agreement;
(c) orders 918070 Ontario Ltd. O/A Baseform Structural Construction to pay to the applicant in trust the sum of $41,190.11 as damages arising from the said violations forthwith;
“M. A. Nairn”
for the Board