0673-99-G Sheet Metal Workers’ International Association, Local Union No. 285, Applicant v. The Watson Group Ltd., Responding Party v. The Toronto Residential Air Handling Group, Intervenor.
BEFORE: John M. Lewis, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; January 4, 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. 0673-99-G
BETWEEN:
Sheet Metal Workers’ International Association, Local Union No. 285,
(the “Applicant”),
‑ and ‑
The Watson Group Ltd.,
(the “Responding Party”),
‑ and ‑
The Toronto Residential Air Handling Group,
(the “Intervenor”).
MEMORANDUM OF AGREEMENT
WHEREAS the Applicant referred a grievance pursuant to section 133 of the Act on June 3, 1999;
AND WHEREAS the Intervenor intervened on July 6, 1999;
AND WHEREAS this matter proceeded to hearing on July 7 and September 17 and was scheduled to resume on December 17, 1999;
AND WHEREAS at the commencement of the hearing and at the recommendation of the Board, the parties entered into settlement discussions;
THE PARTIES NOW THEREFORE agree to resolve this grievance on the following basis and request that the Board incorporate this Memorandum of Agreement into a Board Order.
The Responding Party and Intervenor agree that for the duration of the current collective agreement between the Applicant and the Intervenor (expiring on April 30, 2001), (the “Collective Agreement”) the full benefit contributions will be paid, as allocated by the Applicant, for each hour worked by each apprentice subject to paragraph 3 of this Memorandum of Agreement.
The Responding Party and Intervenor agree that for the duration of the Collective Agreement, the rate of wages for the apprentices shall be:
FIRST PERIOD 40%
SECOND PERIOD 50%
THIRD PERIOD 60%
FOURTH PERIOD 70%
FIFTH PERIOD 80%
of the current hourly rate of wages of a Journeyman Sheet Metal Worker plus vacation pay at the rate stipulated in the Collective Agreement. This rate of hourly wages will not be reduced or adjusted in order to pay the full benefit contribution as allocated by the Applicant for apprentice sheet metal workers.
With respect to the journeyman total package increase remaining to be implemented on May 1, 2000 of $1.05, the Applicant agrees that no more than $0.50 of the May 1, 2000 increase will be allocated to Sheet Metal Workers Local Union #285 Employee Benefit Trusts identified in Article 28.1 of the Collective Agreement. This Agreement is subject to paragraph 5 of this Memorandum of Agreement.
The Responding Party agrees to pay its apprentice employees hourly wages in accordance with the attached Schedule “A”, as of May 1, 1999 forthwith.
This Memorandum of Agreement is without prejudice to the position of any party in the event that a training fund is established during the life of the Collective Agreement and the Applicant allocates a further amount of the total package increase of May 1, 2000 to any such training fund.
The parties request that this matter be adjourned sine die in accordance with the Board’s usual practice, and that the current panel remain seized in the event that this matter is rescheduled by either party within one year.
The parties agree that the issue of the payment of wages and benefit contribution for apprentices will be addressed at the next round of negotiations.
The Intervenor agrees to publish and send the rates as set out in Schedule “A” to all gifts, members.
DATED AT TORONTO, this 17th day of December, 1999
(“Illegible Signature”) (“John Watson”)
For the Applicant For the Responding Party
(“Wm. Gardner”)
For the Intervenor
Schedule “A”
- Having regard to the agreement of the parties, the Board hereby consents to adjourn this application sine die for a period not exceeding one year. Unless within that time either party requests that the Board proceed with the matter, it will be deemed terminated without any further notice to the parties.
“John Morgan Lewis”
for the Board