3486-99-G Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. International Group Construction Inc., Responding Party.
BEFORE: D. L. Gee, Vice-Chair, and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD; March 21, 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. 3486-99-G
BETWEEN
Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America,
Applicant,
- and -
International Group Construction Inc.,
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 to April 30, 2001 as between the Carpenters’ District Council of Ontario and the Carpenters’ Employer Bargaining Agency.
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 4, 5, 6, 7, 8, 9, 10 and the Local 27 Board Area #8 Schedule.
3A. An Order that the Responding Party pay damages to the Applicant as set out in paragraphs 4 to 7 herein in the amount of $39,400.00.
An Order that the Responding Party pay to the Applicant, as damages, the amount of $25,000.00 as full and final settlement for the above violations of the collective agreement, with respect to the projects where the Responding Party worked as a subcontractor to Premform Group Inc.
An Order that the Responding Party pay to the Applicant as damages the amount of $9600.00 as full and final settlement for the violations of the collective agreement where the Responding Party worked as a subcontractor to Lisgar Construction.
An Order that the Responding Party pay to the Applicant as damages the amount of $4800.00 as full and final settlement for the violations of the collective agreement with respect to the projects where the Responding Party acted as a subcontractor to Resici Group Inc.
-and-
- An order that payment is to be made to the Applicant forthwith.
Dated at Toronto this 14th day of March, 2000.
“Greg Franks” “Frank Munno”
Signature for the Signature for the
Responding Party Applicant
Greg Franks . Frank Munno .
Print Name and Title Print Name and Title
Manager Business Representative
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 orders and declarations:
the Board declares that the responding party is bound to the collective agreement effective May 1, 1998 to April 30, 2001 as between the Carpenters’ District Council of Ontario and the Carpenters’ Employer Bargaining Agency;
the Board declares that the responding party has violated the collective agreement mentioned above and in particular articles 4, 5, 6, 7, 8, 9, 10 and the Local 27 Board Area #8 Schedule;
the Board orders the responding party to forthwith pay damages to the applicant in the amount of $39,400.00.
“D. L. Gee”
for the Board