1048-01-G Labourers’ International Union of North America, Local 527, Applicant v. M.P. Lundy Construction (Ontario) Limited, Responding Party.
BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; July 23, 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:
MINUTES OF SETTLEMENT
File No. 1048-O1-G
BETWEEN:
LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 527 Applicant,
-and-
M.P. LUNDY CONSTRUCTION (ONTARIO) LIMITED Responding Party.
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 OLRB to incorporate their settlement as an Order of the Board:
The Responding Party acknowledges that they are bound to the collective agreement between Construction Labour Relations Association of Ontario, Ontario Masonry Contractors Association, Industrial Contractors Association of Canada, Sealant and Waterproofing Association, Concrete Floor Contractors Association of Ontario and Labourers' International Union of North America, Labourers' International Union of North America, Ontario Provincial District Council on its own behalf and on behalf of its affiliated Local Unions effective May 1, 1998 to April 30, 2001 ("Labourers' Provincial ICI Collective Agreement").
The Responding Party acknowledges that they violated the above noted collective agreement and in particular Article 2.05 of the Master Portion by subcontracting work covered by the Collective Agreement to JMB Contracting and Astro Drilling and Sawing Inc.
As a result of the violations referred to in paragraph 2 of these Minutes of Settlement, the Responding Party agrees to pay, as damages, $5,000.00 to the Applicant. Included in the aforementioned $5,000.00 is $2,662.27 which represents contributions and remittances owing by M. Poirier & Associates Enr. to the Local 527 Benefit Fund, Vacation Trust Fund and Pension Fund. The Applicant will ensure that the $2,662.27 is remitted to the appropriate funds on behalf of the employees of M. Poirier & Associates Enr. who performed work on the St. Vincent Hospital Site.
The Responding Party agrees to pay the above noted damages within seven days of the signing of these Minutes of Settlement.
The Responding Party agrees to remove JMB Contracting and Astro Drilling and Saw Cutting Inc. from the St. Vincent Hospital job site by 5:00 p.m. on July 9, 2001. The parties acknowledge and agree that this settlement and the damages referred to above refer to the period between June 8, 2001 and July 9, 2001 and should the employer commit further violations of the Collective Agreement at the St. Vincent Hospital site, or any other site, the Union's right to file and refer a grievance (and any damages that may flow from an alleged violation) are unaffected by these Minutes of Settlement,
The parties jointly request the OLRB to issue a consent order incorporating these Minutes of Settlement.
Dated at Ottawa this 17th day of July 2001.
“M. Lundy” “G. Mullen”
For the Responding Party For the Applicant
M. P. Lundy Construction (Ontario) L.I.U.N.A. Local 527 Limited
- Having regard to the Minutes of Settlement, the Board hereby makes the consent orders, declarations and directions to which the parties have agreed.
“Inge M. Stamp”
for the Board