International Association of Heat and Frost Insulators and Asbestos Workers, Local 95 v. Globe Insulation Co. Limited
2662-99-G International Association of Heat and Frost Insulators and Asbestos Workers, Local 95, Applicant v. Globe Insulation Co. Limited, Responding Party.
BEFORE: Marilyn Silverman, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; January 26, 2000
1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995 (the "Act").
2Prior to the hearing in this matter, the parties entered into Minutes of Settlement dated January 13, 2000. In those Minutes of Settlement the parties requested the Board issue the following declarations and orders:
- (i) Declare that the Responding Party is bound to the Collective Agreements (construction and maintenance) between the Master Insulators Association of Ontario Inc. and the International Association of Heat and Frost Insulators and Asbestos Workers and the International Association of Heat and Frost Insulators and Asbestos Workers, Local 95, effective June 8, 1998 to April 30, 2001;
(ii) Declare that the Responding Party has breached Article 2, Hiring, of the construction Collective Agreement;
(iii) Order that the damages for that violation are $80.000.00.
(iv) Order that the damages described herein be paid as follows:
a) $25,000.00 to be paid in the following manner:
(i) $2,000.00 by on or before January 31, 2000;
(ii) $2,000.00 by on or before February 29, 2000;
(iii) $1,250.00 per month by on or before the last day in each month commencing March 31, 2000, through July 31, 2001, inclusive;
(iv) $1,000.00 by on or before August 31, 2001; and
order that should the Responding Party fail to make any of these payments as and when required under this agreement, then the entire amount owing on the date of default becomes immediately due and payable to the Applicant and subject to immediate collection proceedings by the Applicant; and
b. Order that payment of the balance of $55,000.00 be held in abeyance to become payable to the Applicant only should the Applicant successfully grieve at any time before January 13, 2010 that the Responding Party has violated the hiring provisions of the Collective Agreement by employing persons to perform bargaining unit work who are not members of the Applicant or sub-contractors which are not signatory to the Collective Agreement, at which time these damages becomes payable in that future proceeding in addition to any damages which may be found to be owing to the Applicant as a result of the future violations.
3Having regard to the Minutes of Settlement the Board makes the following declarations, directions and orders:
(1) declares that the responding party is bound to the Collective Agreements (construction and maintenance) between the Master Insulators Association of Ontario Inc. and the International Association of Heat and Frost Insulators and Asbestos Workers and the International Association of Heat and Frost Insulators and Asbestos Workers, Local 95, effective June 8, 1998 to April 30, 2001;
(2) declares that the responding party has breached Article 2, Hiring, of the construction Collective Agreement;
(3) finds that the damages for that violation are $80.000.00;
(4) orders that the damages described herein be paid as follows:
a) $25,000.00 to be paid in the following manner:
(i) $2,000.00 by on or before January 31, 2000;
(ii) $2,000.00 by on or before February 29, 2000;
(iii) $1,250.00 per month by on or before the last day in each month commencing March 31, 2000, through July 31, 2001, inclusive;
(iv) $1,000.00 by on or before August 31, 2001; and
(5) orders that should the responding party fail to make any of these payments as and when required under this agreement, then the entire amount owing on the date of default becomes immediately due and payable to the applicant and subject to immediate collection proceedings by the applicant; and
4The Board notes further the agreement of the parties that the balance of $55,000.00 is to be held in abeyance to become payable to the applicant only should the applicant successfully grieve at any time before January 13, 2010 that the responding party has violated the hiring provisions of the Collective Agreement by employing persons to perform bargaining unit work who are not members of the Applicant or sub-contractors which are not signatory to the Collective Agreement, at which time these damages becomes payable in that future proceeding in addition to any damages which may be found to be owing to the applicant as a result of the future violations.
"Marilyn Silverman"
for the Board