Ontario Labour Relations Board
3319-98-G Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Rockford Tile Contractors, Responding Party.
BEFORE: Christopher J. Albertyn, Vice-Chair, and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD; December 13, 2001
This is a construction grievance under section 133 of the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended (the "Act").
The parties have concluded Minutes of Settlement, which read:
Between:
Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America
Applicant
and
Rockford Tile Contractors (1996) Limited
Responding Party
Re: Minutes of Settlement in O.L.R.B. File No. 3319-98-G made December 13, 2001
The parties hereby agree to resolve their differences in this matter as follows:
- The Responding Party shall pay to the Resilient Floor Workers' Trust Fund the sum of $25,000.00 (twenty-five thousand dollars) as follows:
a) a post-dated cheque payable to the Resilient Floor Workers' Trust Fund for eight thousand dollars ($8,000.00) dated December 21, 2001.
b) a further post-dated cheque payable to the Resilient Floor Workers' Trust Fund for eight thousand dollars ($8,000.00) dated Jan. 31, 2002.
c) the Responding Party hereby releases to the Applicant or its designate the sums paid in accordance with paragraphs 2(c) and 2(d) of the Board's amended order of June 24, 1997 in OLRB File No. 1859-96-G [as set out below] said sums total nine thousand dollars ($9,000.00).
ONTARIO LABOUR RELATIONS BOARD
1859-96-G Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Rockford Tile Contractors Limited; Rockford Tile Contractors 1996 Limited, Responding Party.
BEFORE: Kevin Whitaker, Vice-Chair.
DECISION OF THE BOARD; June 24, 1997
- The Board's direction in this matter dated June 5, 1997 is amended so that paragraphs 2(c) and 2(d) are amended and a new paragraph 2(e) is added as follows:
2(c) orders that the Responding Party post a letter of Credit with the Applicant in this amount of $7,000.00 in the standard form referenced in the EBA Agreement as security against unpaid wages and remittances, to be effective from May 1, 1997 to April 30, 1998 and
2(d) orders that the applicant shall continue to hold the amount of $2,000.00 in trust as security against unpaid wages and remittances.
2(e) orders that the responding party shall provide the applicant with 48 hours written notice (by fax) of any future work and current work coming within either of the above-noted collective agreements, including the location of the job site.
"Kevin Whitaker" for the Board
d) The cheques described in paragraphs 1(a) and 1(b) herein shall be delivered to the Applicant on or before December 20, 2001.
The Responding Party undertakes to provide the applicant 48 hours written notice (by fax) of any future or current work coming within either collective agreement as referred to in the attached [set out above] Board Order of June 24, 1997.
This matter is hereby adjourned sine die. When all payments referred to above have cleared, the Applicant will notify the Board that this matter has been resolved and that the proceedings may be terminated.
This agreement fully resolves all matters raised in this file and such matters shall not be the subject of future proceedings.
This agreement shall be enforceable as an agreement made pursuant to s. 96(7) of the Labour Relations Act, 1995.
This settlement is made without prejudice to the respective positions of the parties involved and is without precedent.
Carpenters Local 27 Rockford Tile
"L. Hancock" Contractors (1996) Ltd.
Leslie Hancock
Resilient Floor Workers' per: "John Pertilli"
Trust Fund John Pertilli
- Having regard to the Minutes, this application is adjourned sine die for a period not exceeding one year. Unless within that time either party requests that the Board proceed with the matter, it will be deemed terminated without any further notice to the parties.
"Christopher J. Albertyn"
for the Board