Labourers’ International Union of North America, Local 527 v. Enercom Construction Inc., 2000 CanLII 9863

2899-99-G Labourers’ International Union of North America, Local 527, Applicant v. Enercom Construction Inc., Responding Party.

BEFORE: John Morgan Lewis, Vice-Chair, and Board Members G. Pickell and

G. McMenemy.

DECISION OF THE BOARD; January 28, 2000

1. 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.

2. Prior to the hearing in this matter the parties entered into the following memorandum of agreement:

ONTARIO LABOUR RELATIONS BOARD

File No. 2899-99-G

BETWEEN:

Labourers’ International Union of North America, Local 527

Applicant,

‑ and ‑

Enercom Construction Inc.

Responding Party.

MEMORANDUM OF AGREEMENT

Whereas the Applicant in this matter alleged that the Responding party is bound to the collective agreement(s) referred to in paragraph 1 below;

And whereas the Responding party acknowledges that it is bound to this/these agreement(s);

Therefore the parties agree to settle this matter on the terms set out below and request the Board incorporate the following in a decision as a consent order.

1. A Declaration that the Responding party is bound to the collective agreement as between Labourers International Union of North America, Local 527 and Enercom Construction Inc. effective Aug. 1, 1999 to Dec. 31, 2000.

2. A Declaration that the Responding Party has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement.

3. A Declaration that the Responding Party unknowingly violated the collective agreement mentioned above and in particular Notes to Schedule “A”.

4. An order that the Responding Party will pay to the Applicant, as damages, the amount of $2441.34 as full and final settlement for the above violations of the collective agreement.

5. The above noted amount in paragraph 4 is to be made payable to “LIUNA, LOCAL 527. The applicant undertakes to remit the payment to the appropriate fund or fund(s).

-and-

An order that payment is to be made to the Applicant forthwith.

Dated at Ottawa this 25 day of January, 2000.

“Nicolas S. Shousha” . “Gerry Mullen” .

Signature for the Signature for the

Responding party Applicant

Nicolas S. Shousha Gerry Mullen

Print Name and Title Print Name and Title

3. 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 determination:

1. declares that Enercom Construction Inc. is bound to the collective agreement effective August 1, 1999 to December 31, 2000 between Labourers International Union of North America, Local 527 and Enercom Construction Ltd. (the “Collective Agreement”);

2. declares that Enercom Construction Inc. unknowingly violated the Collective Agreement and in particular Notes to Schedule “A”; and

3. orders that Enercom Construction Inc. pay to the applicant as damages, the amount of $2,441.34 as full and final settlement for the above violations;

4. directs that the above noted amount in paragraph 3 is to be made payable to “LIUNA, LOCAL 527”.

"John Morgan Lewis"

for the Board