Sheet Metal Workers’ International Association, Local 30 v. French Brothers Roofing & Sheet Metal Ltd., 2001 CanLII 11983

Sheet Metal Workers’ International Association, Local 30 v. French Brothers Roofing & Sheet Metal Ltd.

0514-01-G Sheet Metal Workers’ International Association, Local 30, Applicant v. French Brothers Roofing & Sheet Metal Ltd., Responding Party.

BEFORE: M. A. Nairn, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.

DECISION OF THE BOARD; May 24, 2001

1The 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.

2Prior to the hearing in this matter the parties entered into the following Minutes of Settlement:

Ontario Labour Relations Board File No. 0514-01-G

Between:

SHEET METAL WORKERS’ INTERNATIONAL ASSOCIATION, LOCAL 30 (hereinafter “the Applicant”)

• and -

FRENCH BROTHERS ROOFING & SHEET METAL LTD. (hereinafter “the Responding Party”)

MINUTES OF SETTLEMENT

WHEREAS, the Applicant filed a grievance against the Responding Party on March 23, 2001; amended on April 20, 2001;

AND WHEREAS, the Applicant referred this grievance to arbitration before the Ontario Labour Relations Board (“the Board”) on May 11, 2001;

AND WHEREAS, the parties wish to resolve all matters arising out of the grievance;

THE PARTIES AGREE with each other as follows and request that 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 between the Ontario Industrial Roofing Contractors’ Association and the Built-Up Roofers’, Damp and Waterproofing Section of the Ontario Sheet Metal Workers’ & Roofers’ Conference, effective from May 1, 1998, to April 30, 2001 (‘the Roofing Collective Agreement”).

2. A Declaration that the Responding Party is bound to the Collective Agreement between the Ontario Sheet Metal and Air Handling Group, and the Sheet Metal Workers’ International Association and Ontario Sheet Metal Workers’ Conference, effective from May 1, 1998, until April 30, 2001 (“the Sheet Metal Collective Agreement”).

3. A Declaration that the Responding Party has violated the Roofing Collective Agreement, and in particular, Articles 16 and 17 of the Roofing Collective Agreement.

4. A Declaration that the Responding Party has violated the Sheet Metal Collective Agreement, and in particular, Articles 8 and 21 of the Sheet Metal Collective Agreement.

5. A Declaration that the Responding Party has agreed to abide by the full terms and conditions of the Roofing Collective Agreement and the Sheet Metal Collective Agreement.

6. An Order that the Responding Party pay to the Applicant, as damages for the above-cited violations of the Roofing Collective Agreement and the Sheet Metal Collective Agreement, the sum of one thousand dollars ($1,000.00), on or before May 24, 2001.

7. An Order that the Responding Party remit contributions to both the Roofers’ Benefit Trust Fund and the Sheet Metal Workers’ Local 30 Benefit Trust Fund for all hours worked by its employees during the month of April 2001, in accordance with the Roofing and Sheet Metal Collective Agreements.

DATED at Toronto, this 17th day of May, 2001.

For the Applicant For the Responding Party

“Eduardo Oliveira” “Tom French”

Eduardo Oliveira Tom French

3Having 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 the responding party is bound to the collective agreement between the Ontario Industrial Roofing Contractors’ Association and the Built-Up Roofers’, Damp and Waterproofing Section of the Ontario Sheet Metal Workers’ & Roofers’ Conference, effective from May 1, 1998, to April 30, 2001 (‘the Roofing Collective Agreement”).

(b) declares that the responding party is bound to the collective agreement between the Ontario Sheet Metal and Air Handling Group, and the Sheet Metal Workers’ International Association and Ontario Sheet Metal Workers’ Conference, effective from May 1, 1998, until April 30, 2001 (“the Sheet Metal Collective Agreement”).

(d) declares that the responding Pparty has violated the Sheet Metal Collective Agreement, and in particular, Articles 8 and 21 of the Sheet Metal Collective Agreement.

(e) orders the responding party to pay to the applicant, as damages for the above-cited violations of the Roofing Collective Agreement and the Sheet Metal Collective Agreement the sum of one thousand dollars ($1,000.00) on or before May 24, 2001.

(g) orders the responding party to remit contributions to both the Roofers’ Benefit Trust Fund and the Sheet Metal Workers’ Local 30 Benefit Trust Fund for all hours worked by its employees during the month of April 2001, in accordance with the Roofing and Sheet Metal Collective Agreements.

“M. A. Nairn”

for the Board