The International Union of Painters and Allied Trades (formerly known as the International Brotherhood of Painters and Allied Trades), District Council 46 (Local Union 1795) v. Felice Aluminum and Glass Ltd. & Rainbow Glass (Niagara) Inc.
Before: Harry Freedman, Vice‑Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD
This 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").
Prior to the hearing in this matter the parties entered into the following Memorandum of Agreement:
ONTARIO LABOUR RELATIONS BOARD
File No. 0873-00-G
BETWEEN:
The International Union of Painters & Allied Trades, (formerly known as the International Brotherhood of Painters and Allied trades) District Council 46, (Local Union 1795),
Applicant,
‑ and ‑
Felice Aluminum and Glass Ltd. and Rainbow Glass (Niagara) Inc.,
Responding Party.
MINUTES OF SETTLEMENT AND CONSENT ORDER
The parties agree with each other as follows, and request that 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 28, 1999 – April 30, 20001, as between Architectural Glass & Metal Contractors Association, and The International Union of Painters and Allied Trades and the Ontario Council of the International Union of Painters and Allied Trades.
A Declaration that the Responding Party has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement.
A Declaration that the Responding Party has violated the collective agreement mentioned above and in particular articles 2, 3, 6, 13, 15.02, 17, 18, 19, 20, 23, 24, 26, 27, 28, 29, 30, 33, 34 and 35 of the master portion and Appendix “E”..
An order that the Responding Party will pay to the Applicant, as damages, the amount of $6,000.00 as full and final settlement in accordance with the payment schedule attached as Schedule “A”.
In the event of default in any payment as set in the attached Schedule “A” the Responding Party agrees the entire amount less payments received shall become immediately due and payable.
Dated at Toronto this 20th day of July, 2000.
“Tony Felice” Signature for the Responding Party Tony Felice, Manager Print Name and Title
“Robert Elliott” Signature for the Applicant Robert Elliott Business Representative Print Name and Title
SCHEDULE “A”
$1,000.00 due on or before August 31, 2000
$1,000.00 due on or before September 30, 2000
$1,000.00 due on or before October 31, 2000
$1,000.00 due on or before November 30, 2000
$1,000.00 due on or before December 15, 2000
$1,000.00 due on or before December 31, 2000
- Having regard to the Minutes of Settlement and Consent Order, dated July 20, 2000, between the parties, filed, the Board:
(a) declares that Felice Aluminum and Glass Ltd. and Rainbow Glass (Niagara) Inc. are bound to the collective agreement between Architectural Glass & Metal Contractors Association and The International Union of Painters and Allied Trades and the Ontario Council of the International Union of Painters and Allied Trades effective from May 28, 1999 to April 30, 2001 (the “Collective Agreement”);
(b) declares that Felice Aluminum and Glass Ltd. and Rainbow Glass (Niagara) Inc. have agreed to abide by the terms and conditions of the Collective Agreement;
(c) declares that Felice Aluminum and Glass Ltd. and Rainbow Glass (Niagara) Inc. have violated articles 2, 3,6, 13, 15.02, 17, 18, 19, 20, 23, 24, 26, 27, 28, 29, 30, 33, 34 and 35 of the master portion and Appendix “E” of the Collective Agreement;
(d) directs Felice Aluminum and Glass Ltd. and Rainbow Glass (Niagara Inc. to pay to the applicant the sum of $6,000.00 in six equal installments as follows:
$1,000.00 on or before August 31, 2000
$1,000.00 on or before September 30, 2000
$1,000.00 on or before October 31, 2000
$1,000.00 on or before November 30, 2000
$1,000.00 on or before December 15, 2000
$1,000.00 due on or before December 31, 2000
(e) directs, in the event of default in any payment, Felice Aluminum and Glass Ltd. and Rainbow Glass (Niagara) Inc. to pay forthwith to the applicant the entire sum of $6,000.00 less the payments made to the applicant prior to the default.
“Harry Freedman”
for the Board