Labourers’ International Union of North America, Local 506 v. Teperman and Sons (Canada) Limited, 2000 CanLII 7941

1688-00-G Labourers’ International Union of North America, Local 506, Applicant v. Teperman and Sons (Canada) Limited, Responding Party.

BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members G. Pickell and G. McMenemy.

DECISION OF THE BOARD; September 21, 2000

1. This is an application under section 133 of the Labour Relations Act, 1995 (the “Act”. The matter was scheduled to come on for hearing before the Board on September 21, 2000; however, prior to the scheduled hearing the parties were able to settle the matters in dispute between them. That settlement was reduced to writing and reads as follows:

ONTARIO LABOUR RELATIONS BOARD

File No. 1688-00-G

BETWEEN:

Labourers International Union of North America, Local 506

Applicant,

• and -

Teperman and Sons (Canada) Limited

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 agreement;

Therefore the parties agree to settle this matter on the terms set out below and request the Board incorporate the following in a decision as a consent order.

1. A Declaration that the Responding party is bound to the collective agreement effective May 1/98 – Apr. 30/2001 as between Metropolitan Toronto Demolition Contractors Inc. and LIUNA and Locals 247, 491, 493, 506, 527, 597, 607, 625, 837, 1036, 1059, 1081, 1089.

2. A Declaration that the Responding party has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement.

3. A Declaration that the Responding party has violated the collective agreement mentioned above and in particular articles 4, 23, 24 and article 5 of appendix A.

4. An order that the Responding party pay to the Applicant, as damages, the amount of $1,175.72 as full and final settlement for the above violations of the collective agreement.

• and -

An order that payment is to be made to the Applicant on or before Sept. 22/2000.

5. The Union acknowledges that the above payment will represent full payment of the contributions as reported for the work months up to the work month of August 2000. This is without prejudice to the Union’s right to grieve improper reports or NSF cheques.

Dated at Toronto this 20^th day of September, 2000.

(“Steven Teperman”) (“Nick Repole”)

Signature for the Responding Signature for the Applicant

Party

STEVEN TEPERMAN NICK REPOLE

Print Name and Title Print Name and Title

2. Having regard to the Memorandum of Agreement, the Board hereby makes the consent orders, declarations and directions to which the parties have agreed.

“Inge M. Stamp”

for the Board