0683-00-G Drywall, Acoustic, Lathing and Insulation Local 675 of the United Brotherhood of Carpenters and Joiners of America, Applicant v. F. D. Begley & Associates Inc., Responding Party.
BEFORE: M. A. Nairn, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; June 14, 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 Minutes of Settlement:
MINUTES OF SETTLEMENT
BETWEEN:
Drywall, Acoustic, Lathing and Insulation Local 675 of the United Brotherhood of Carpenters and Joiners of America the “Applicant”
-and-
F.D. Begley & Associates Inc. the “Responding Party”
OLRB File No. 0683-00-G
WHEREAS the Applicant has referred the above noted grievance on behalf of the Applicant and its members to arbitration pursuant to the Labour Relations Act;
AND WHEREAS the parties wish to make arrangements to further harmonious labour relations;
NOW THEREFORE the parties agree as follows and jointly request that the Board make the following declarations and orders:
A Declaration that the Applicant and the Responding Party are bound by the collective agreement between them (“the Agreement”) effective from September 7, 1999 to June 30, 200[2].
A Declaration that the Responding Party has violated Articles 9 and 10 of the Agreement.
An Order that the Responding Party pay to the Applicant the sum of $17,883.46 as damages arising from the said violations forthwith.
It is agreed that $10,556.83 of said sum is in respect of unpaid remittances for the September and October 1999 work months, and the remaining $7,326.63 is in respect of unpaid vacation pay.
The parties agree that this settlement does not include any delinquent charges that may be assessed by the Applicant’s Trust Fund Administrator.
The Applicant agrees that the Responding Party shall will [sic] review its payroll records, and advise the Applicant of the result of such review. Should there be a discrepancy in favour of the Responding Party, the amount owing shall be adjusted accordingly.
Dated at Toronto this 13th day of June, 2000.
FOR THE APPLICANT FOR THE RESPONDING PARTY
“Jack Slaughter” “Robert Clark”
Jack Slaughter Robert Clark
- 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:
(i) declares that Drywall, Acoustic, Lathing and Insulation Local 675 of the United Brotherhood of Carpenters and Joiners of America and F. D. Begley & Associates Inc. are bound by the collective agreement between them (“the Residential Agreement”) effective from September 7, 1999 to June 30, 2002.
(ii) declares that F. D. Begley & Associates Inc. has violated Articles 9 and 10 of the Agreement.
(iii) orders F. D. Begley & Associates Inc. to pay to the applicant the sum of $17,883.46 as damages arising from the said violations forthwith.
“M. A. Nairn”
for the Board