Sheet Metal Workers’ International Association, Local 30 v. Semple-Gooder Roofing Limited, 2000 CanLII 9317

1686-00-G Sheet Metal Workers’ International Association, Local 30, Applicant v. Semple-Gooder Roofing Limited, Responding Party.

BEFORE: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and A. Haward.

DECISION OF THE BOARD; September 18, 2000

1. This is an application under section 133 of the Labour Relations Act, 1995 (the “Act”. The matter was scheduled to come on for hearing before the Board on September 21, 2000; however, prior to the scheduled hearing the parties were able to settle the matters in dispute between them. That settlement was reduced to writing and reads as follows:

Ontario Labour Relations Board File No. 1686-00-G

Between:

SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION,

LOCAL 30

(hereinafter “the Applicant”)

• and -

SEMPLE-GOODER ROOFING LIMITED

(hereinafter “the Responding Party”)

MINUTES OF SETTLEMENT

WHEREAS, the Applicant filed a grievance against the Responding Party on August 9, 2000;

AND WHEREAS the Applicant referred the grievance to arbitration before the Ontario Labour Relations Board (“the Board”) on September 6, 2000;

AND WHEREAS, the parties wish to resolve the grievance;

THE PARTIES AGREE as follows:

1. The Responding Party acknowledges that it is bound to 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”).

2. The Responding Party acknowledges that it has violated the Collective Agreement, and in particular Articles 16 and 17 of the Collective Agreement.

3. The Responding Party agrees to henceforth abide by the full terms and conditions of the Collective Agreement.

4. The Responding Party agrees to pay to the Applicant, as damages, the sum of four thousand dollars ($4,000.00), on or before September 21, 2000.

5. The Parties request that the Board incorporate the above into a decision as a consent order.

DATED at Toronto, this 13th day of September, 2000.

(“James Jackson”) (“F.J. Baxter”)

For S.M.W.I.A., Local 30 For Semple-Gooder Roofing Limited

James Jackson F.J. Baxter

Please Print Name Please print name

2. Having regard to the Minutes of Settlement, the Board hereby makes the consent orders, declarations and directions to which the parties have agreed.

“Inge M. Stamp”

for the Board