Parties

0270-00-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. R.J. Wilcox Partitions & Celing Systems Inc. and Wilcox Interior Inc. and Tanya Ruth Ann Genest c.o.b. as Westboro Construction and Wilcox Diversified Inc., Responding Parties.

2297-01-R Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Tanya Ruth Ann Genest c.o.b. as Westboro Construction, Tanya Ruth Ann Genest c.o.b. as Beach St. Consulting, Responding Parties.

2298-01-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Tanya Ruth Ann Genest c.o.b. as Beach St. Consulting, Responding Party.

BEFORE: Marilyn Silverman, Vice‑Chair, and Board Members G. Pickell and G. McMenemy.

DECISION OF THE BOARD; December 13, 2001

Decision

1. Board File Nos. 0270-00-G and 2298-01-R are referrals of grievances concerning the interpretation, application, administration or alleged violation of a collective agreement to the Board for final and binding determination. Board File No. 2297-01-R is an application under section 69/1(4) of the Labour Relations Act, 1995 (the “Act”).

2. Prior to the hearing in these matters, the parties entered into the following Minutes of Settlement:

Board File No. 0270-00-G

MINUTES OF SETTLEMENT

In a matter before the Ontario Labour Relations Board (the “Board”)

Between:

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America,

(the “Applicant”)

• and -

R.J. Wilcox Partition & Ceiling Systems Inc., Wilcox Interior Inc., Tanya Ruth Ann Genest c.o.b. as Westboro Construction, Wilcox Diversified Inc.

(the “Responding Parties”)

WHEREAS grievances have been filed against the responding parties by the applicant, Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America (“Local 675”) which are the subject of Ontario Labour Relations Board File No. 0270-00-G;

AND WHEREAS the Board in a decision dated August 28, 2001 found that Tanya Ruth Ann Genest had registered Westboro Construction as the business name of a sole proprietorship owned by her;

AND WHEREAS the Board found that Tanya Ruth Ann Genest carrying on business as Westboro Construction is bound to the Provincial Collective Agreement between the Carpenters Employer Collective Bargaining Agency (E.B.A.) and the Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America (C.D.C.) (the “Provincial Collective Agreement”);

AND WHEREAS the parties desire to resolve the above referenced grievance in so far as it pertains to matters within the jurisdiction of the applicant;

NOW THEREFORE the parties hereby agree to request the Board to incorporate these Minutes of Settlement as a decision of the Board and make the following Declarations and Orders:

1. A Declaration that Tanya Ruth Ann Genest is bound to the Provincial Collective Agreement. For greater certainty, this Declaration applies to any sole propietorship operated by Tanya Ruth Ann Genest, including but not limited to Westboro Construction and Beach St. Consulting;

2. A Declaration that Tanya Ruth Ann Genest has agreed to abide by the full terms and conditions of the Provincial Collective Agreement;

3. A Declaration that Tanya Ruth Ann Genest has violated the Provincial Collective Agreement;

4. An order that Tanya Ruth Ann Genest pay to the applicant by certified cheque no later than ten calendar days from the date these Minutes of Settlement were concluded the sum of $18,000.00 (Eighteen Thousand Dollars);

5. A Declaration that the application under Board File No. 2297-01-R and the referrals to arbitration under Board File No. 2298-01-G are withdrawn with leave of the Board.

Dated this 7th day of December, 2001.

“John P. DeLuca” “Tanya Ruth Ann Genest”

For the Applicant For the Responding Parties

John P. DeLuca Tanya Ruth Ann Genest

3. Having regard to the 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) declares that Tanya Ruth Ann Genest is bound to the Provincial Collective Agreement between the Carpenters Employer Collective Bargaining Agency (E.B.A.) and the Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America (C.D.C.) (the “Provincial Collective Agreement”);

b) declares that Tanya Ruth Ann Genest violated the Provincial Collective Agreement;

c) orders Tanya Ruth Ann Genest pay to the applicant the amount of $18,000.00 by certified cheque no later than ten calendar days from the date of the Minutes of Settlement were concluded;

4. Board File Nos. 2297-01-R and 2298-01-G are hereby withdrawn with leave of the Board.

“Marilyn Silverman”

for the Board