The International Union of Painters and Allied Trades, District Council 46 v. Top Coat Painting, 2001 CanLII 14804

The International Union of Painters and Allied Trades, District Council 46 v. Top Coat Painting

File No.: 1147-01-G Date: July 31, 2001

Before: Mary Ellen Cummings, Alternate Chair, and Board Members G. Pickell and A. Haward.

DECISION OF THE BOARD

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 Minutes of Settlement:

ONTARIO LABOUR RELATIONS BOARD

File No. 1147-01-G

BETWEEN:

THE INTERNATIONAL UNION OF PAINTERS

AND ALLIED TRADES, DISTRICT COUNCIL 46

Applicant

• and -

TOP COAT PAINTING

Responding Party

MINUTES OF SETTLEMENT AND CONSENT ORDER

The parties agree with each other as follows and request that the Board incorporate the following in a decision as a consent order.

1. That the name of the Responding Party be amended to “Top Coat Painting”.

2. A Declaration that the Responding Party is bound to the collective agreement between The Ontario Painting Contractors Association, Acoustical Association Ontario, Interior Systems Contractors Association of Ontario and The International Union of Painters and Allied Trades and the Ontario Council of the International Union of Painters and Allied Trades.

3. A Declaration that the Responding Party has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement.

4. A Declaration that the Responding Party has violated the collective agreement mentioned above and in particular articles 16, 17, 18, 19, 20 and 21 of Appendix “A”.

5. An order that the Responding Party shall pay to the Applicant the sum of eight thousand dollars ($8,000.00) as full and final settlement of all matters relating to this grievance, to be paid in accordance with the payment schedule attached as Schedule “A” hereto.

6. In the event of default in any payment, the Responding Party agrees the entire amount less payments received shall become immediately due and payable.

Dated at Toronto this 26^th day of July, 2001.

“N. B. McCann” “A. J. Russo”

Signature for the Signature for the Applicant

Responding Party

N. B. McCann J. Russo, Counsel Print Name and Title Print Name and Title

3Having 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:

1. the name of the responding party is amended to read “Top Coat Painting”.

2. declares that Top Coat Painting is bound to the collective agreement between The Ontario Painting Contractors Association, Acoustical Association Ontario, Interior Systems Contractors Association of Ontario and The International Union of Painters and Allied Trades and the Ontario Council of the International Union of Painters and Allied Trades;

3. declares that Top Coat Painting has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement.

4. declares that Top Coat Painting has violated the collective agreement mentioned above and in particular articles 16, 17, 18, 19, 20 and 21 of Appendix “A”.

5. orders Top Coat Painting to pay to the Applicant the sum of eight thousand dollars ($8,000.00) as full and final settlement of all matters relating to this grievance, and payment is to be made in accordance with schedule Schedule “A”;

6. In the event of default in any payment, Top Coat Painting shall pay the entire amount less payments received immediately.

“Mary Ellen Cummings”

for the Board