Ontario Labour Relations Board
File No.: 0382-01-G
Between:
The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891), Applicant v. Ontario Fireproofers Ltd., Responding Party.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 22, 2001
This 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").
Prior to the hearing in this matter the parties entered into the following Minutes of Settlement and Consent Order:
ONTARIO LABOUR RELATIONS BOARD
File No. 0382-01-G
BETWEEN:
The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891), Applicant,
‑ and ‑
Ontario Fireproofers Ltd., Responding Party.
MINUTES OF SETTLEMENT AND CONSENT ORDER
The parties agree with each other as follows and request that the Board incorporate the following in a decision as a consent order.
A Declaration that the Responding Party is bound to the collective agreement effective May 1, 1998 as between April 30, 2001, as between The Ontario Painting Contractors Association, Acoustical Association Ontario, Interior Systems Contractors Association of Ontario and The International Brotherhood of Painters and Allied Trades and the Ontario Council of the International Brotherhood of Painters and Allied Trades. .
A Declaration that the Responding Party has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement.
A Declaration that the Responding Party has violated the collective agreement mentioned above and in particular articles 18 and 19 of Appendix “B”.
An order that the Responding Party shall submit all outstanding reports and monies owing for the work months as follows:
Outstanding Reports for the work months June 2000 to April 2001 totalling $9,761.86 shall be paid as per the following schedule by the responding party to the applicant:
On or before May 16, 2001 $1,000.00
On or before June 16, 2001 $1,000.00
On or before July 16, 2001 $1,000.00
On or before August 16, 2001 $1,000.00
On or before September 16, 2001 $1,500.00
On or before October 16, 2001 $1,500.00
On or before November 16, 2001 $1,500.00
On or before December 16, 2001 $1,261.86
- In the event of default in any payment, the Responding Party agrees the entire amount less payments received shall become immediately due and payable.
Dated at Toronto this 16th day of May, 2001.
“Mila Balland” “Sergio Pantarotto
Signature for the Responding Party Signature for the Applicant
- Having regard to the Minutes of Settlement and Consent Order, dated May 16, 2001, between the parties, filed, the Board:
(a) declares that the responding party is bound to the collective agreement between the Ontario Painting Contractors Association, Acoustical Association Ontario, Interior Systems Contractors Association of Ontario and The International Brotherhood of Painters and Allied Trades and the Ontario Council of the International Brotherhood of Painters and Allied Trades effective from May 1, 1998 to April 30, 2001 (the “Collective Agreement”);
(b) declares that the responding party has agreed to abide by the terms and conditions of the Collective Agreement;
(c) declares that the responding party has violated articles 18 and 19 of Appendix “B” of the Collective Agreement;
(d) directs the responding party to pay to the applicant the sum of $9,761.86 as follows:
On or before May 16, 2001 $1,000.00
On or before June 16, 2001 $1,000.00
On or before July 16, 2001 $1,000.00
On or before August 16, 2001 $1,000.00
On or before September 16, 2001 $1,500.00
On or before October 16, 2001 $1,500.00
On or before November 16, 2001 $1,500.00
On or before December 16, 2001 $1,261.86
“Harry Freedman”
for the Board