2475-00-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Peelco Construction Services Limited, Responding Party.
BEFORE: Caroline Rowan, Vice-Chair, and Board Members J. Knight and A. Haward.
DECISION OF THE BOARD; December 21, 2000
The 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.
Prior to the hearing in this matter the parties entered into the following Memorandum of Agreement:
2475-00-G
Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood,
- and -
Peelco Construction Services Limited,
Whereas the applicant filed a grievance which was referred to the Board pursuant to s. 133 of the Act and assigned File #2475-00-G.
And whereas a hearing was scheduled for December 6, 2000 and the Board issued an arrest warrant returnable today.
Now therefore, John Matas having attended today, the parties agree as follows and request that the Board issue the following orders and declarations in an award:
Peelco Construction Services Limited (“Peelco”) is bound to the Carpenters Provincial Collective Agreement effective May 1, 1998 to April 30, 2001 between the Carpenters Employer Bargaining Agency and the Carpenters District Council, United Brotherhood of Carpenters and Joiners of America and the ISCA Collective Agreement between the applicant and the Interior Systems Contractors Association effective June 23, 1998 to April 30, 2001.
Peelco violated the ISCA Collective Agreement by failing to pay benefits, dues, contributions and deductions contrary to Article 9.
Peelco shall pay 1,357.11 [sic] to the applicant as damages, on or before Jan 7, 2001, for violating the ISCA agreement.
Peelco shall $2000.00 [sic] to the applicant for costs on or before Jan 7, 2001.
Dated at Toronto this 19th day of Dec 2000.
“John Matas” “Luigi Caringi”
John Matas Luigi Caringi
- Having 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 determinations:
a) the Board declares that Peelco Construction Services (“Peelco”) is bound to the Carpenters Provincial Collective Agreement effective May 1, 1998 to April 30, 2001 between the Carpenters District Council, United Brotherhood of Carpenters and Joiners of America and the ISCA Collective Agreement between the applicant and the Interior Systems Contractors Association effective June 23, 1998 to April 30, 2001;
b) the Board declares that Peelco violated the ISCA Collective Agreement by failing to pay benefits, dues, contributions and deductions contrary to Article 9;
c) the Board orders Peelco to pay $1,357.11 to the applicant as damages on or before January 7, 2001, for violating the ISCA Collective Agreement;
d) the Board orders Peelco to pay $2,000.00 to the applicant for costs on or before January 7, 2001.
“Caroline Rowan”
for the Board