Ontario Labour Relations Board
3732-00-G The Residential Low Rise Forming Contractors’ Association of Metropolitan Toronto and Vicinity and Universal Workers Union, LIUNA Local 183, Applicants v. Mega Wall Concrete Forming Limited, Responding Party.
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; April 17, 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 Memorandum of Agreement:
ONTARIO LABOUR RELATIONS BOARD
File No. 3732-00-G
BETWEEN:
Residential Low Rise Forming Contractors’ Association of Metropolitan Toronto & Vicinity and Universal Workers Union LIUNA Local 183,
Joint Applicant,
- and -
Mega Wall Concrete Forming Limited,
Responding Party.
INTERIM MEMORANDUM OF AGREEMENT
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 Board incorporate the following in a decision as a consent order.
A Declaration that the Responding Party is bound to the collective agreement effective until April 30th, 2001 as between Universal Workers Union, LIUNA Local 183 and The Residential Low Rise Forming Contractors’ Association of Metropolitan Toronto and Vicinity which is binding upon Megal Wall Concrete forming Limited.
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 article 14 of Schedule A of the Collective Agreement.
An order that payment is to be made to the Applicant forthwith.
(1) The Responding Party agrees to post a bond or irrevocable letter of credit in the amount of one hundred thousand dollars ($100,000.00) with the Union Applicant, Universal Workers Union LIUNA Local 183 as required by the Collective Agreement by April 12, 2001.
(2) The Parties agree that this matter be scheduled for hearing on April 19, 2001 and adjourn the hearing scheduled for March 30, 2001.
Dated at Toronto this 29 day of March, 2001.
“Nick Domenichiello” “Harold Piccininni” “Antonio J. Pinto”
Signature for the Signature for the Signature for the
Responding Party Applicant Association Applicant Union
Nick Domenichiello Antonio J. Pinto
Print Name and Title Print Name and Title Print Name
3Having regard to the Interim 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) that the responding party is bound to the collective agreement effective until April 30th, 2001 as between Universal Workers Union, LIUNA Local 183 and The Residential Low Rise Forming Contractors’ Association of Metropolitan Toronto and Vicinity which is binding upon Megal Wall Concrete forming Limited;
b) that the responding party has violated the collective agreement mentioned above and in particular article 14 of Schedule A of the Collective Agreement;
c) directs that the responding party comply with Article 14 of Schedule A to the Collective Agreement by April 12, 2001.
“Mary Ellen Cummings”
for the Board