The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Industry Drywall Systems Ltd., 2000 CanLII 7790

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Industry Drywall Systems Ltd.

File No.: 1968-00-G Date: November 28, 2000

The International Union of Painters and Allied Trades, (formerly known as the International Brotherhood of Painters & Allied Trades), District Council 46 (Local Union 1891), Applicant v. Industry Drywall Systems Ltd. and Industry Drywall Solutions Ltd., Responding Parties.

BEFORE: John Morgan Lewis, Vice‑Chair, and Board Members J. Knight and A. Haward.

DECISION OF THE BOARD

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.

2The parties have entered into the following memorandum of agreement:

File No. 1968-00-G

International Union of Painters and Allied Trades (formerly known as the International Brotherhood of Painters & Allied Trades), District Council 46 (Local Union 1891)

Applicant,

‑ and ‑

Industry Drywall Systems Ltd. and Industry Drywall Solutions Ltd.

Responding Parties.

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.

1. That the style of cause be amended to add Industry Drywall Solutions Ltd. as a Responding Party.

2. A Declaration that the Responding Parties are bound to the collective agreement between the Ontario Painting Contractors Association, Acoustical Ontario, Interior Systems Contractors Association of Ontario and The International Brotherhood of Painters and Allied Trades and the Ontario Council of the International Brotherhood of Painters and Allied Trades. Effective May 1, 1998 – April 30th, 2001.

[3] A Declaration that the Responding Parties have agreed to abide by the full terms and conditions of the above‑mentioned collective agreement.

[4] A Declaration that the Responding Parties have violated the collective agreement mentioned above and in particular articles 8, 18, 19, and 20 of Appendix “B” to the Collective Agreement.

[5] An order that the Responding Parties will pay to the Applicant, as damages, the amount of $32,914.91 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 8th day of November, 2000.

“A. Joseph Russo” Signature for the Applicant A. Joseph Russo, Counsel Print Name and Title

“Alex Pietrangelo” Signature for the Responding Parties Alex Pietrangelo/President Print Name and Title

Schedule “A”

An order that the employer is to pay the aforementioned amount of $32,914.91 in 6 installments as follows:

− $5,120.53 on or before December 15, 2000 − $4,399.21 on or before January 15, 2001 − $5,690.59 on or before February 15, 2001 − $5,690.59 on or before March 15, 2001 − $6,513.99 on or before April 15, 2001 − $5,500.00 on or before May 15, 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.

“A. Joseph Russo” Signature for the Applicant A. Joseph Russo, Counsel Print Name and Title

“Alex Pietrangelo” Signature for the Responding Parties Alex Pietrangelo/President Print Name and Title

3. 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:

1. the style of cause is hereby amended to add “Industry Drywall Solutions Ltd.” As a responding party;

2. declares that the responding parties are bound to the collective agreement between the Ontario Painting Contractors Association, Acoustical Ontario, Interior Systems Contractors Association of Ontario and The International Brotherhood of Painters and Allied Trades and the Ontario Council of the International Brotherhood of Painters and Allied Trades, effective May 1, 1998 to April 30th, 2001 (the “Collective Agreement”);

3. declares that the responding parties have violated the Collective Agreement and in particular Article 8, 18, 19 and 20; and

4. orders that the responding parties pay to the applicant as damages, the amount of $32,914.91 as follows:

• $5,120.53 on or before December 15, 2000
• $4,399.21 on or before January 15, 2001
• $5,690.59 on or before February 15, 2001
• $5,690.59 on or before March 15, 2001
• $6,513.99 on or before April 15, 2001
• $5,500.00 on or before May 15, 2001

5. orders that if any of the required monthly reports and payments are not received in a timely manner as per the Collective Agreement, the entire amount then outstanding will become due and payable forthwith, and if any of the above payments should fall into arrears, the entire amount then outstanding shall become due and payable forthwith.

“John Morgan Lewis” for the Board