Carpenters & Allied Workers Local 27 v. PCL Constructors Canada Inc.
File No.: 1797-99-G Date: December 12, 2000
Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. PCL Constructors Canada Inc., Responding Party v. Labourers’ International Union of North America, Local 183, Intervenor.
BEFORE: Harry Freedman, Vice-Chair, and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD
1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended ("the Act").
2Prior to the hearing in this matter the parties entered into the following Interim Minutes of Settlement:
MINUTES OF SETTLEMENT
BETWEEN:
Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, the “Applicant”
- and -
PCL Constructors Canada Inc., the “Responding Party”
OLRB File No. 1797-99-G
WHEREAS the Applicant has filed the above noted grievance against the Responding Party concerning the Baycrest Hospital Project in North York, and referred same to the Ontario Labour Relations Board;
AND WHEREAS the parties wish to make arrangements to further harmonious labour relations;
NOW THEREFORE the parties agree as follows and request that the Board make the following declarations and orders in an interim consent decision:
A Declaration that the Applicant and the Responding Party are bound by the collective agreement between the Carpenters Employer and Employee Bargaining Agencies effective from May 1, 1998 to April 30, 2001.
A Declaration that the Responding Party has violated Articles 4 and 5 of the aforesaid collective agreement in that it subcontracted work covered by the aforesaid collective agreement to a subcontractor not in contractual relations with the Applicant (UCC Group Inc.), namely the carpentry portion of concrete formwork including the forming of concrete planter boxes, stairs, and other carpenters’ work.
An Order that the Responding Party shall pay damages to the Applicant arising from the aforesaid violation of the aforesaid collective agreement in such amount as shall be determined by negotiation between the parties, or failing agreement, in such amount as shall be determined by the Board after conducting a hearing into the issue of the quantum of damages only.
An Order that the hearing scheduled for December 8, 2000 in this matter be adjourned until the Board’s first available hearing date after February 1, 2001.
The Responding Party agrees that should it contract with UCC Group Inc. henceforth that the Responding Party shall ensure all carpenters’ work is performed by members of the Applicant employed pursuant to the Carpenters Employer Bargaining Agency Collective Agreement.
Dated at Toronto this 6th day of December, 2000.
"Frank Munro" For the Responding Party
"Murad Jiwani” For the Applicant
- Having regard to the Interim Minutes of Settlement, dated December 6, 2000, between the parties, filed, the Board:
(a) declares that the applicant and responding party are bound by the collective agreement between the Carpenters Employer and Employee Bargaining Agencies effective from May 1, 1998 to April 30, 2001; (the “Collective Agreement”);
(b) declares that the responding party has violated Articles 4 and 5 of the Collective Agreement in that it subcontracted work covered by the Collective Agreement to UCC Group Inc., a subcontractor not in contractual relations with the applicant, namely the carpentry portion of concrete formwork including the forming of concrete planter boxes, stairs, and other carpenters’ work;
(c) orders the responding party to pay to the applicant damages arising from the Collective Agreement as shall be determined by negotiation between the parties, or failing agreement, such amount as shall be determined by the Board after conducting a hearing into the issue of the quantum of damages only;
(d) adjourns the hearing in this matter to February 6, 2001.
“Harry Freedman” for the Board