Labourers’ International Union of North America, Local 506 v. John Bianchi Grading Ltd., 2001 CanLII 11751

1331-01-G Labourers’ International Union of North America, Local 506, Applicant v. John Bianchi Grading Ltd., Responding Party.

BEFORE: Christopher J. Albertyn, Vice-Chair, and Board Members G. Pickell and A. Haward.

DECISION OF THE BOARD; October 31, 2001

1. This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, R.S.O. 1995, c.1 as amended (the “Act”).

2. The parties have concluded Minutes of Settlement, which read:

ONTARIO LABOUR RELATIONS BOARD

File No. 1330-01-G

BETWEEN:

Labourers’ International Union of

North America, Local 506

Applicant,

and

John Bianchi Grading Limited

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 effective May 1, 2001 as between the Labourers Employer and Employee Bargaining Agencies.

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 has violated the collective agreement mentioned above and in particular articles 19.04 of the Local 506 Schedule.

4. An order that the Responding Party will pay to the Applicant, as damages, the amount of $3497.42, less applicable statutory deductions as full and final settlement for the above violations of the collective agreement up to September 30, 2001.

-and-

An order that payment is to be made to the affected individuals and forwarded to the applicant forthwith.

Dated at Toronto this 31^st^ day of October, 2001.

“B.Bianchi” “Carmen Principato”

For the Responding Party For the Applicant

Bernie Bianchi Carmen Principato

Vice President

3. Pursuant to the Minutes of Settlement, the Board makes the following declarations and orders that:

4. John Bianchi Grading Limited is bound to the collective agreement effective May 1, 2001 as between the Labourers Employer and Employees Bargaining Agencies;

5. John Bianchi Grading Limited has violated the collective agreement, in particular Article 19.04 of the Local 506 Schedule;

6. John Bianchi Grading Limited shall forthwith pay to Labourers’ International Union of North America, Local 506, as damages, the amount of $3497.42, less applicable statutory deductions as full and final settlement for the above violations of the collective agreement up to September 30, 2001. Such payment shall be made to the affected individuals, though, forwarded to the applicant.

“Christopher J. Albertyn”

for the Board