Universal Workers’ Union, L.I.U.N.A., Local 183 v. Metro Forming Ltd., 2001 CanLII 11357

1133-01-G Universal Workers’ Union, L.I.U.N.A., Local 183, Applicant v. Metro Forming Ltd., Responding Party.

BEFORE: John Morgan Lewis, Vice‑Chair, and Board Members G. Pickell and A. Haward.

DECISION OF THE BOARD; August 16, 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 Minutes of Settlement:

MINUTES OF SETTLEMENT

BETWEEN

Universal Workers’ Union, L.I.U.N.A., Local 183

The “Union”

• and -

Metro Forming Ltd.

The “Employer”

THE PARTIES hereto agree to settle the matter before the Ontario Labour Relations Board designated as Board File No. 1133-01-G in the following manner and request that the Board incorporate these minutes into an order for enforcement.

1. The “Employer” agrees that it is bound by Collective Agreement as between Universal Workers’ Union, L.I.U.N.A., Local 183 and the Sewer & Watermain Contractors’ Association effective May 1, 1998 to April 30, 2001 and continuing; and.

2. The “Employer” agrees that it has violated the Collective Agreement by failing to make timely remittances to the various Health, Welfare and Pension Funds administered by the Union on behalf of Union members in the employ of Metro Forming Ltd.; and

3. the “Employer” agrees that it will pay to the Union the sum $28,153.09 in respect of the remittances for the work month(s) June 2001, forthwith; and

4. The “Employer” agrees to pay to the Union as liquidated damages the sum $1,356.19 forthwith.

Dated at Toronto this 13^th day of August, 2001.

“Michael O’Brien” “Michael Betti”

For the “Union” For “Metro”

Michael O’Brien Dario Valente

Print Name Print Name

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:

a) declares that Metro Forming Ltd. (“Metro”) is bound by the collective agreement as between Universal Workers’ Union, L.I.U.N.A., Local 183 and the Sewer & Watermain Contractors’ Association effective May 1, 1998 to April 30, 2001 and continuing (the “Collective Agreement”);

b) declares that Metro violated the Collective Agreement by failing to make timely remittances to the various Health, Welfare and Pension Funds;

c) directs Metro to pay the applicant forthwith the sum of $28,153.09 in respect of the remittances for the work month(s) June 2001;

d) directs Metro to pay the applicant forthwith the sum of $1,356.19 as damages.

“John Morgan Lewis”

for the Board