United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46 v. Detail Plumbing Corp.
0064-01-G United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46, Applicant v. Detail Plumbing Corp., Responding Party.
BEFORE: Inge M. Stamp, Vice‑Chair.
DECISION OF THE BOARD; June 18, 2001
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").
2The parties met with a Labour Relations Officer and entered into the following Minutes of Settlement:
Board File Number 0064-01-G
MINUTES OF SETTLEMENT
BETWEEN:
United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 46
(hereinafter the "Union")
‑ and ‑
Detail Plumbing Corp.,
(hereinafter the "Company")
WHEREAS the Union filed a grievance dated March 9, 2001 alleging, inter alia, that the Company was employing non-union employees contrary to the collective agreement between the Union and the Independent Plumbing and Heating Contractors' Association.
AND WHEREAS the Union referred the aforementioned grievance to the Board pursuant to Section 133 of the Act. (Board File Number: 0064-01-G).
AND WHEREAS the Union and the Company are desirous of resolving the aforementioned grievance and referral.
NOW THEREFORE the Union and the Company agree as follows:
The Company shall pay to the Union the sum of twenty thousand dollars ($20,000).
Payment shall be in accordance with the following schedule:
i) ten thousand dollars ($10,000) payable on or before June 25, 2001;
ii) five thousand dollars ($5,000) payable on or before August 1, 2001;
iii) the remaining five thousand dollars ($5,000) payable on or before September 1, 2001.
In the event the Company defaults on any payment as described in the schedule in paragraph 2 above, the full twenty thousand dollars ($20,000) less any amounts paid shall become due, owing and payable immediately.
The Company shall provide to the Union post dated cheques each in the amount of five thousand dollars ($5,000) dated August 1, 2001 and September 1, 2001. The aforementioned post dated cheques shall be tendered with the payment provided for on or before June 25, 2001.
These Minutes of Settlement resolve all matters in dispute, including the aforementioned grievance and referral, between the parties in connection with the utilization of non-union employees under the terms of the aforementioned collective agreement for the period up to and including the date of issuance of any certificate to the Universal Workers Union Labourers International Union of North America, Local 183 in Board File Number: 3574-00-R.
These Minutes of Settlement shall be incorporated in a decision of the Board.
Dated at Toronto this 18th day of June, 2001.
FOR THE UNION FOR THE COMPANY
("Daniel McBride") ("Dino Cristini")
DANIEL McBRIDE DINO CRISTINI
3Having 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