3721-00-G International Brotherhood of Electrical Workers, Local 120, Applicant v. Pym Electric Limited, Responding Party.
BEFORE: John Morgan Lewis, Vice‑Chair.
DECISION OF THE BOARD; April 9, 2001
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:
O.L.R.B. File No. 3721-00-G
B E T W E E N :
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 120
Applicant,
- and -
PYM ELECTRIC LIMITED
Responding Party.
MINUTES OF SETTLEMENT and
CONSENT ORDER
The Parties to the above-captioned proceedings before the Ontario Labour Relatons board agree in full and final settlement to request that the Ontario Labour Relations Board issue the following Declarations and Orders:
Pym Electric Limited (“the Employer”) is bound by and must observe the Principal Agreement between the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and the Internatonal Brotherhood of Electrical Workers and the I.B.E.W. Construction Council of Ontario effective until April 30, 2001 and anyr enewals thereof (“the Principal Agreement”).
The Employer has violated the Principal Agreement in connection with its various construction projects including:
(a) Cuddy Foods
London, Ontario
(b) Westcast Industries Limited
London, Ontario
in failing or refusing to employ and continuing to employ only members of the Union in good standing, in possession of a clearance card from the Local Union Office and hired through the Local Union Office, as required by the Principal Agreement, contrary to the Principal Agreement and, without limiting the generality of the foregoing, section 7 thereof.
3. Specifically, the Employer has employed Michael Thompson, Andrew Lefor and Paul Dolson who are not members of the Union and the Employer hired these individuals directly and did not hire them through the Local Union Office. Accordingly, these individuals were hired and are employed contrary to the Union Security Provisions of the Principal Agreement.
4. The Employer shall pay the Union the sum of $20,000.00 forthwith as damages in respect of the aforementioned violations of the Principal Agreement.
5. The Union acknowledges and agrees that these Minutes of Settlement and Consent Order settle the grievance dated February 15, 2001 and there shall be no further recourse by the Union with respect to violations of the Principal Agreement to the date of these Minutes of Settlement and Consent Order.
DATED AT LONDON, ONTARIO THIS 4TH DAY OF APRIL, 2001.
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 120 PYM ELECTRIC LIMITED
“John J. O’Brien” “illegible signature”
- 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:
a) declares that Pym Electric Limited (the “employer”) is bound by and must observe the Principal Agreement between the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and the Internatonal Brotherhood of Electrical Workers and the I.B.E.W. Construction Council of Ontario effective until April 30, 2001 and anyr enewals thereof (“the Principal Agreement”);
b) declares that the employer has violated the Principal Agreement in connection with its various construction projects including:
(a) Cuddy Foods
London, Ontario
(b) Westcast Industries Limited
London, Ontario
in failing or refusing to employ and continuing to employ only members of the applicant in good standing, in possession of a clearance card from the Local Union Office and hired through the Local Union Office, as required by the Principal Agreement, contrary to the Principal Agreement and, without limiting the generality of the foregoing, section 7 thereof;
c) declares, specifically, the employer has employed Michael Thompson, Andrew Lefor and Paul Dolson who are not members of the applicant and the employer hired these individuals directly and did not hire them through the Local Union Office. Accordingly, these individuals were hired and are employed contrary to the Union Security Provisions of the Principal Agreement;
d) directs the employer pay the applicant the sum of $20,000.00 forthwith as damages in respect of the aforementioned violations of the Principal Agreement.
“John Morgan Lewis”
for the Board