Sheet Metal Workers’ International Association, Local 30 v. Ritz Sheet Metal Inc.
File No.: 2848-99-G Date: January 11, 2000 Ontario Labour Relations Board
Between: Sheet Metal Workers’ International Association, Local 30, Applicant
- and - Ritz Sheet Metal Inc., Responding Party
Before: Marilyn Silverman, Vice‑Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD
1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended ("the Act").
2Prior to the hearing in this matter the parties entered into the following Memorandum of Agreement:
ONTARIO LABOUR RELATIONS BOARD
File No. 2848-99-G
BETWEEN:
Sheet Metal Workers’ International Association, Local 30, Applicant,
‑ and ‑
Ritz Sheet Metal 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 until April 30, 2001 as between Ontario Sheet Metal and Air Handling Group and the Sheet Metal Workers’ International Association and Ontario Sheet Metal Workers’ Conference.
A Declaration that the Responding Party has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement, and in particular the responding party has agreed that it will not employ individuals who are not members of the applicant, and in good standing.
A Declaration that the Responding Party has violated the collective agreement mentioned above and in particular articles 8 and clause 7 of Appendix “A” of the collective agreement.
An order that the Responding Party will pay to the Applicant, as damages, the amount of $5,000.00 as full and final settlement for the above violations of the collective agreement.
-and-
An order that payment is to be made to the Applicant in accordance with an order that the employer is to pay the aforementioned amount of $5,000.00 in 3 installments as follows:
On or before January 11, 2000: $1,000.00
On or before February 29, 2000: $2,000.00
On or before March 31, 2000: $2,000.00
An order that if any of the above payments should fall into arrears, the entire amount then outstanding will become due and payable forthwith.
An order that should the responding party not remain current in the payment of any contribution, remittance, deduction or any other payment as provided by the aforementioned collective agreement, the entire amount of $5,000.00, less any payments made, will become due and payable forthwith.
Dated at Toronto this 4th day of January, 2000.
"Marcal Rites" "James Jackson"
For the Responding Party For the Applicant
3Having regard to the Memorandum of Agreement, dated January 4, 2000, between the parties, filed, the Board:
(a) declares that Ritz Sheet Metal Inc. is bound to the Collective Agreement effective from May 1, 1998 to April 30, 2001 between Ontario Sheet Metal and Air Handling Group and the Sheet Metal Workers’ International Association and Ontario Sheet Metal Workers’ Conference (the “Collective Agreement”);
(b) declares that Ritz Sheet Metal Inc. has violated Article 8 and Clause 7 of Appendix “A” of the Collective Agreement;
(c) directs Ritz Sheet Metal Inc. to pay forthwith to the applicant the sum of $5,000.00 in three installments as follows:
On or before January 11, 2000: $1,000.00
On or before February 29, 2000: $2,000.00
On or before March 31, 2000: $2,000.00.
4The Board notes the responding parties’ agreement to abide by the terms and conditions of the Collective Agreement and not employ individuals who are not members of the applicant and in good standing.
5The Board notes the further agreement of the parties as follows:
(a) if any of the payments referred to in 3(c) above should fall into arrears, the entire amount then outstanding will become due and payable forthwith.
(b) should the responding party not remain current in the payment of any contribution, remittance, deduction or any other payment as provided by the aforementioned collective agreement, the entire amount of $5,000.00, less any payments made, will become due and payable forthwith.
“Marilyn Silverman”
for the Board