1836-01-G Labourers’ International Union of North America, Local 506, Applicant v. Eagle Ornamental Precast Ltd., Responding Party.
BEFORE: D. L. Gee, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; October 18, 2001
The 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.
Prior to the hearing in this matter, the parties entered into Minutes of Settlement dated October 10, 2001.
Having regard to the Minutes of Settlement, to the material before it, and pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”) the Board makes the following declarations and directions:
The Board declares that Eagle Ornamental Precast Ltd. is bound to the collective agreement effective May 1, 2001 until April 30, 2004 as between the Ontario Precast Concrete Manufacturers’ Association and Labourers’ International Union of North America, and the Labourers’ International Union of North America, Ontario Provincial District Council on behalf of its affiliated Local Unions 183, 247, 491, 493, 506, 527, 597, 607, 625, 837, 1036, 1059, 1081 and 1089.
The Board declares that Eagle Ornamental Precast Ltd. has violated the collective agreement mentioned above by failing to employ members of the applicant to perform work covered by the collective agreement as required by Article 4.
The Board orders Eagle Ornamental Precast Ltd. to pay to the applicant, as damages for the above violations of the collective agreement, the amount of $25,000.00.
The Board orders that payment of $25,000.00 is to be made to the applicant as follows:
(a) $10,000.00 by November 5, 2001;
(b) $10,000.00 by December 5, 2001;
(c) $5,000.00 by January 10, 2002.
”D. L. Gee”
for the Board