International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Sebba Steel Construction Limited, 2001 CanLII 11938

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Sebba Steel Construction Limited

File No.: 1908-01-G Date: October 25, 2001

Before: Harry Freedman, Vice-Chair, and Board Members G. Pickell and A. Haward.

DECISION OF THE BOARD

1This 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").

2Prior to the hearing in this matter the parties entered into the following Memorandum of Agreement:

MEMORANDUM OF SETTLEMENT

OLRB File No. 1908-01-G

BETWEEN:

International Association of Bridge, Structural, Ornamental, and Reinforcing Iron Workers, Local 721 (the "Union"),

• and -

Sebba Steel Construction Limited, (the "Employer").

The parties to the above noted Referral of Grievance to Arbitration agree to the following terms:

1. The Employer agrees that it is bound to the Provincial Collective Agreement between the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers et al, and the Ontario Erectors Association, Inc. (the "Collective Agreement").

2. The Employer admits that it has violated the Collective Agreement, particularly articles 2.1(a) and 2.5 and specifically that it employed non-union personnel to perform field work covered by the Collective Agreement and failed to pay wages and remittances as required by the Collective Agreement at a hotel construction job site located at Highway #7 and Leslie in Richmond Hill, Ontario during the months of August and September, 2001.

3The Employer agrees to abide by all of the terms of the Collective Agreement in the future and, in particular, to:

a) only hire employees who present referral slips issued by the Union, in accordance with article 2.1(a); and

b) subcontract or sublet any work covered by the Collective Agreement only to persons, firms or corporations who are bound to the Collective Agreement, in accordance with Article 2.7.

4The Employer agrees to pay to the Union $100.00 on or before October 19, 2001.

5The parties agree that this agreement constitutes a settlement pursuant to Section 96(7) of the Act and they jointly request that the terms of this settlement be incorporated into a decision of the Board to issue in these matters.

Signed and dated at Toronto this 18th day of October, 2001.

ON BEHALF OF THE EMPLOYER "Eric Baumburger"

ON BEHALF OF THE UNION "Tony Almeida"

3. Having regard to the Memorandum of Agreement, dated October 18, 2001, between the parties, filed, the Board with this decision hereby incorporates the terms of the parties' settlement into a decision of the Board.

"Harry Freedman"

for the Board