1889-00-G Sheet Metal Workers’ International Association, Local 30, Applicant v. Cordeiro Roofing Ltd., Responding Party.
BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; October 27, 2000
1This is an application for the referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995, S.O. 1995 ch. 1 as amended. On October 6, 2000 the Board, differently constituted, issued a decision finding that the responding had violated the collective agreement and set the matter down for a hearing into the damages arising from such a violation. Prior to this hearing, the parties entered into an agreement to settle this matter. This agreement provides as follows:
Ontario Labour Relations Board File No. 1889-00-G
Between:
SHEET METAL WORKERS’ INTERNATIONAL ASSOCIATION,
LOCAL 30
(hereinafter “the Applicant”)
- and –
CORDEIRO ROOFING LTD.
(hereinafter “the Responding Party”)
MINUTES OF SETTLEMENT
WHEREAS, the Applicant filed a grievance against the Responding Party on September 8, 2000;
AND WHEREAS the Applicant referred the grievance to arbitration before the Ontario Labour Relations Board (“the Board”) on September 25, 2000;
AND WHEREAS the Board issued a decision dated October 6, 2000, declaring inter alia, that the Responding Party violated the Collective Agreement between the Ontario Industrial Roofing Contractors’ Association and the Built-Up Roofers’, Damp and Waterproofing Section of the Ontario Sheet Metal Workers’ & Roofers’ Conference, effective from May 1, 1998, to April 30, 2001 (“the Collective Agreement”), and in particular, Article 37 of the Collective Agreement;
AND WHEREAS, the parties wish to resolve the issue of damages arising from this violation of the Collective Agreement;
THE PARTIES AGREE as follows and request that the Board incorporate the following into a decision as a consent order:
- The Responding Party agrees to pay to the Applicant, as full and final settlement of all damages in relation to the grievance, the sum of $2,656.32, on or before October 30, 2000;
DATED at Toronto, this 24 day of October, 2000
“James Jackson” “Saul Cordeiro”______
For the Applicant For the Responding Party
2Having regard to the agreement of the parties, the Board makes the declarations and orders agreed to by the parties, set out above.
“David A. McKee”
for the Board