3378-99-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Castro Investers and Builders Ltd., Responding Party.
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members J. Knight and G. McMenemy.
DECISION OF THE BOARD; March 9, 2000
This a referral of a grievance in the construction industry, pursuant to section133of the Labour Relations Act, 1995 (the “Act”).
On the day scheduled for the hearing, the parties entered into the following Memorandum of Agreement:
ONTARIO LABOUR RELATIONS BOARD
File No. 3378-99-G
BETWEEN:
Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America
Applicant,
‑ and ‑
Castro Investers and Builders 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 in a decision as a consent order.
A Declaration that the Responding party is bound to the collective agreement effective May 1, 1998 as between Ontario Systems Contractors Association and Drywall, Acoustic, Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America.
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 9 & 10.
An order that the matter be adjourned to March 16, 2000.
An order that the summons duly served on Mr. Castro is returnable and enforceable on March 16, 2000.
An order that Castro Investors and Builders Ltd. pay $1,450.00 representing the reasonable costs of prosecuting the grievance forthwith.
Dated at Toronto this 2nd day of March, 2000.
“Antonio Castro” “Luigi Caringi”
Signature for the Signature for the
Responding Party Applicant
Antonio Castro Luigi Caringi
Print Name and Title Print Name and Title
- Having regard to the Memorandum of Agreement, the Board makes the following declarations and orders:
(i) A Declaration that the Responding party is bound to the collective agreement effective May 1, 1998 as between Ontario Systems Contractors Association and Drywall, Acoustic, Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America;
(ii) A Declaration that the Responding party has agreed to abide by the full terms and conditions of the above-mentioned collective agreement;
(iii) A Declaration that the Responding party has violated the collective agreement mentioned above and in particular articles 9 and 10;
(iv) An order that the matter be adjourned to March 16, 2000;
(v) An order that the summons duly served on Mr. Castro is returnable and enforceable on March 16, 2000.
(vi) An order that Castro Investors and Builders Ltd. pay $1,450.00 representing the reasonable costs of prosecuting the grievance forthwith.
- This panel is not seized.
“Mary Ellen Cummings”
for the Board