United Brotherhood of Carpenters and Joiners of America, Local 2486 v. Eastern Gunite and Sandblasting

3322-99-G United Brotherhood of Carpenters and Joiners of America, Local 2486, Applicant v. Eastern Gunite and Sandblasting and Oakville Custom Swim Pools Limited and SS Filtration & Development Company Ltd., Responding Parties.

3323-99-R United Brotherhood of Carpenters and Joiners of America, Local 2486, Applicant v. Eastern Gunite and Sandblasting and Oakville Custom Swim Pools Limited and SS Filtration & Development Company Ltd., Responding Parties.

BEFORE: M. A. Nairn, Vice‑Chair, and Board Members G. Pickell and A. Haward.

DECISION OF THE BOARD; December 5, 2000

1. The style of cause has been amended to reflect the parties’ agreement as to the proper name of the responding party” “Eastern Gunite and Sandblasting”.

2. Board File No. 3322-99-G is a construction industry grievance brought pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”). Board File No. 3323-99-R is an application brought pursuant to sections 69 and 1(4) of the Act.

3. Prior to the hearing in these matters the parties entered into the following Minutes of Settlement:

Board File Numbers. 3323-99-R

3322-99-G

Minutes of Settlement

Between

United Brotherhood of Carpenters and Joiners of America, Local 2486

(the “union”)

• and -

Eastern Gunite and Sandblasting Ltd and Oakville Custom

Swim Pools Limited and SS Filtration & Development

(the Responding Parties)

Whereas, the Union filed an application under section 69 and/or subsection 1(4) of the Act (Board File Number 3323-99-R) against the Responding Parties;

And Whereas, the Union filed an application under section 133 of the Act (Board File Number 3322-99-G) against the Responding Parties;

And Whereas the Union and the Responding Parties wish to resolve the above noted applications;

Now therefore the parties agree to settle these matters on the terms set out below and request the Board incorporate the following into a decision as a consent order:

1. A declaration that the Responding Party, Eastern Gunite and Sandblasting is bound to the collective agreement effective May 1, 1998 to April 30, 2001 as between the Carpenters’ Employer Bargaining Agency and The Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America.

2. A declaration that the Responding Party, Eastern Gunite and Sandblasting is bound to the collective agreement effective January 1, 1999 to December 31, 2001 between the Heavy Construction Association of Ontario and the Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners of America.

3. A declaration that Eastern Gunite and Sandblasting agrees to abide by the full terms and conditions of the above-noted collective agreements.

4. The parties agree that these Minutes fully and finally resolve all matters arising out of the applications in Board File Numbers 3323-99-R and 3322-99-G and constitute a settlement within the meaning of section 96(7) of the Act and shall be enforceable as such.

5. The parties agree that the proper name of the Responding Party, Eastern Gunite and Sandblasting Ltd. is Eastern Gunite and Sandblasting.

Dated at Toronto this 28^th day of November 2000.

“Tom Cardinal” “Austin Carroll”

For the Union For the Responding Party

Tom Cardinal Austin Carroll

4. Having regard to the Minutes of Settlement and to the representations before it the Board makes the following determination:

(a) declares that Eastern Gunite and Sandblasting is bound to the collective agreement effective May 1, 1998 to April 30, 2001 as between the Carpenters’ Employer Bargaining Agency and The Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America;

(b) declares that Eastern Gunite and Sandblasting is bound to the collective agreement effective January 1, 1999 to December 31, 2001 between the Heavy Construction Association of Ontario and the Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners of America.

“M. A. Nairn”

for the Board