Construction Workers Local 52 affiliated with the Christian Labour Association of Canada v. MegaTech Contracting International Inc.
Decision of the Board
1400-00-G Construction Workers Local 52 affiliated with the Christian Labour Association of Canada, Applicant v. MegaTech Contracting International Inc.., Responding Party.
BEFORE: John Morgan Lewis, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; August 28, 2000
1The style of cause is hereby amended to reflect the correct name of the responding party: "MegaTech Contracting International Inc."
2The 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.
3Prior to the hearing in this matter the parties entered into the following memorandum of agreement:
ONTARIO LABOUR RELATIONS BOARD
File No. 1400-00-G
BETWEEN:
Construction Workers Local 52 affiliated with the Christian Labour Association of Canada
Applicant,
‑ and ‑
MegaTech Contracting International Ltd.
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 as a consent order.
1.a. The Responding Party is amended to "MegaTech Contracting International Inc."
1.b. A Declaration that the Responding party is bound to the collective agreement effective 22 August, 1998 as between Megatech Contracting (International) Inc. - and – Construction Workers Local 52 affiliated with Christian Labour Association of Canada.
A Declaration that the Responding Party has agreed to abide by the full terms and conditions (during the term) of the above‑mentioned collective agreement. Bargaining rights expired June 26, 2000 as per 2736-98-R / 2771-98-G.
A Declaration that the Responding Party has violated the collective agreement mentioned above and in particular Article 12.02.
An order that the Responding Party will pay to the Applicant, as damages, the amount of $428.00 as full and final settlement for the above violations of the collective agreement.
The Responding Party further agrees to be liable for any and all benefit & pension monies based on the actual payroll hours worked of employees covered by the collective agreement in para. 1b) above. The liability will be based on actual dollar value of any legitimate and requested by employee, actual claim under the terms and conditions of CLAC’s benefit and pension plans.
Based on the above the hearing set for Aug 25, 2000 is therefore cancelled and the parties agree no submissions are necessary pursuant to the August 21, 2000 decision.
-and-
An order that payment is to be made to the Applicant on or before August 31, 2000.
Dated at Ottawa this 22nd day of Aug., 2000.
"Chris Bosch" . "Daniele Harris" .
Signature for the Signature for the
Applicant Responding Party
Print Name and Title Print Name and Title
Chris Bosch, Ontario Danielle Harris, President
Representative
4Having 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:
declares that MegaTech Contracting International Inc. is bound to the collective agreement between Megatech Contracting (International) Inc. and Construction Workers Local 52 affiliated with Christian Labour Association of Canada effective August 22, 1998 (the "Collective Agreement");
declares that MegaTech Contracting International Inc. has violated the Collective Agreement and in particular Article 12.02; and
orders that MegaTech Contracting International Inc. pay to the applicant as damages, the amount of $428.00 on or before August 31, 2000.
"John Morgan Lewis"
for the Board