3175-99-G Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Omega Trim & Doors Ltd., Responding Party v. Toronto & District Carpentry Contractors Association, Intervenor.
BEFORE: Anthony Brown, 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. 3175-99-G
BETWEEN:
Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America
Applicant,
‑ and ‑
Omega Trim & Doors Ltd.
Responding Party.
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 as a consent order.
A Declaration that the Responding party is bound to the collective agreement as between the Applicant and the Responding Party effective from May 1, 1998 to April 30, 2001.
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 by failing to make remittances in the form manner and amount required by the collective agreement for the months of October and November 1999.
An order that the Responding Party will pay to the Applicant, as damages, the amount of $57,937.14 as full and final settlement (subject to paragraph , below) for the above violations of the collective agreement.
-and-
An order that payment is to be made to the Applicant forthwith.
See Schedule A.
Dated at Toronto this 9th day of February/2000.
“Carlos Pimentel” . “Sergio Lancia” .
Signature for the Signature for the
Responding party Applicant
Carlos Pimentel . Sergio Lancia Pres .
Print Name and Title Print Name and Title
Schedule A
An Order that the Applicant and the Responding Party shall meet on or before February 11, 2000 and that the Responding Party shall produce to the applicant at that time all of its records pertaining to work performed by it from May 1, 1999 to the present time and that the applicant will be allowed to photocopy such records at its own expense.
A Declaration that this Memorandum of Agreement and Consent Order is without prejudice to the position of the applicant (and without limiting the generality of the foregoing, without prejudice to the applicant’s ability to file a fresh grievance and refer same to arbitration) in respect to work performed after November 1999 or in the event that the Responding Party has misrepresented or misrepresents the hours work by its employees in respect to the period prior to December 1999.
A Declaration that this Consent Order and Memorandum of Agreement is without prejudice to the position of the Responding Party in the event that it is subsequently determined that the Responding Party has overpaid the remittances required by the collective agreement.
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 Omega Trim & Doors Ltd. (“Omega”) is bound to the collective agreement between the Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America (“Local 27”) and Omega effective May 1, 1998 to April 30, 2001 (the “Collective Agreement”);
declares that Omega. has violated the Collective Agreement by failing to make remittances in the form manner and amount required by the collective agreement for the months of October and November 1999.
orders that Omega pay to Local 27 as damages, the amount of $57,937.14 forthwith.
directs that representatives from Local 27 and from Omega to meet on or before February 11, 2000 and that Omega is to produce to Local 27 at that time all of its records pertaining to work performed from May 1, 1999 to the present time and that Local 27 will be allowed to photocopy such records at its own expense;
declares that this Memorandum of Agreement and Consent Order is without prejudice to the position of Local 27 (and without limiting the generality of the foregoing, without prejudice to the applicant’s ability to file a fresh grievance and refer same to arbitration) in respect to work performed after November 1999 or in the event that Omega has misrepresented or misrepresents the hours work by its employees in respect to the period prior to December 1999;
declares that this Consent Order and Memorandum of Agreement is without prejudice to the position of Omega in the event that it is subsequently determined that the Omega has overpaid the remittances required by the Collective Agreement.
“Anthony Brown”
for the Board