1965-01-G Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. 1303847 Ontario Ltd. o/a ZSI Environmental, Responding Party.
BEFORE: Christopher J. Albertyn, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; November 1, 2001
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”).
The parties have concluded Minutes of Settlement, which read:
Board File No. 1965-01-G
MINUTES OF SETTLEMENT
BETWEEN:
CARPENTERS & ALLIED WORKERS LOCAL 27, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA
Applicant
-and-
1303847 ONTARIO LTD. O/A
ZSI ENVIRONMENTAL
Responding Party
WHEREAS the Applicant, Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America (“Local 27”) filed a Referral of Grievance to Arbitration (Construction Industry) pursuant to section 133 of the Ontario Labour Relations Act, 1995 (the “Act”) against the Responding Party, 1303847 Ontario Ltd. o/a ZSI Environmental (“ZSI Environmental”) which forms the basis of Board File No. 1965-01-G.
AND WHEREAS the Responding Party, ZSI Environmental, is bound to the Collective Agreement between The Carpenters’ Employer Bargaining Agency and Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners of America effective May 1, 2001 to April 30, 2004 (the “Carpenters’ Provincial Collective Agreement”);
AND WHEREAS the matter listed under Board File No. 1965-01-G concerns a Grievance filed by Local 27 against ZSI Environmental dated May 8, 2001 (the “Flooring Grievance”) with respect to carpentry work performed on the Newmarket Courthouse, including the installation of hardwood flooring and carpet; and whereas the Grievance states that the responding party has engaged non-union personnel and/or subcontractors, and/or persons not cleared through the Local Union hiring hall and issued a referral slip to perform work covered by the Carpenters’ Provincial Collective Agreement;
AND WHEREAS Local 27 has filed a grievance against ZSI Environmental dated March 20, 2001 (the “Scaffolding Grievance”) related to the erection and dismantling of scaffolding at the Newmarket Court House site, alleging inter alia violations of articles 4 and 5 of the Carpenters’ Provincial Agreement in respect of this work and seeking damages for such violations;
AND WHEREAS the Applicant and the Responding Party (collectively the “Parties”) wish to resolve these matters;
NOW THEREFORE the Parties agree as follows and request that the Ontario Labour Relations Board issue the following declarations and orders:
A Declaration that the responding party, ZSI Environmental is bound to the Carpenters’ Provincial Collective Agreement;
A Declaration that ZSI Environmental has violated the Carpenters’ Provincial Collective Agreement, including articles 4 and 5 therein;
A Declaration that ZSI Environmental has agreed to abide by the terms and conditions of the Carpenters’ Provincial Collective Agreement;
An Order that ZSI Environmental pay to the applicant forthwith the amount of $40,000.00 (fourty [sic] thousand dollars) as compensation for damages and costs incurred pursuant to the Flooring Grievance dated May 8, 2001 which is the subject matter of Board File No. 1965-01-G, and the amount of $3,770.00 (three thousand seven hundred and seventy dollars) as compensation for damages and costs incurred pursuant to the Scaffolding Grievance dated March 20, 2001;
An Order that these Minutes of Settlement are enforceable pursuant to subsection 96(7) of the Act;
An Order that the Flooring Grievance pursuant to Board File 1965-01-G be dismissed;
A Declaration that the Scaffolding Grievance is withdrawn on agreement of the Parties.
Dated at Toronto this 29th day of October, 2001.
“Leslie Hanecak” “Jack Slaughter”
Leslie Hanecak Jack Slaughter
For the Applicant For the Applicant
“illegible signature”
For the Responding Party
Pursuant to the Minutes of Settlement, the Board makes the following declarations and orders:
ZSI Environmental is bound to the Carpenters’ Provincial Collective Agreement;
ZSI Environmental has violated the Carpenters’ Provincial Collective Agreement;
ZSI Environmental shall forthwith pay to the applicant the amount of $40,000.00 (forty thousand dollars) as compensation for damages and costs incurred pursuant to the Flooring Grievance dated May 8, 2001 which is the subject matter of Board File No. 1965-01-G, and the amount of $3,770.00 (three thousand seven hundred and seventy dollars) as compensation for damages and costs incurred pursuant to the Scaffolding Grievance dated March 20, 2001;
the Flooring Grievance pursuant to Board File 1965-01-G is dismissed and this application is therefore terminated;
the Scaffolding Grievance is withdrawn.
“Christopher J. Albertyn”
for the Board