0551-01-G Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Exclusive Carpentry Enterprises Limited, Responding Party.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; June 13, 2001
- This is an application for the referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995, S.O. 1995, ch. 1 (the “Act”). Before the hearing in this matter, the parties entered into a Memorandum of Agreement. This Agreement provides as follows:
ONTARIO LABOUR RELATIONS BOARD
File No. 0551-01-G
BETWEEN:
Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America
Applicant,
and
Exclusive Carpentry Enterprises Limited
Responding Party.
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 May 1, 1998 to April 30, 2001 as between The Carpenters Employer and Employee Bargaining Agencies by virtue of Article 3.03 of the collective agreement between the Toronto & District Carpentry Contractors Association and the Carpenters & Workers Local 27 dated May 1, 1998 to April 30, 2001.
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 inadvertently violated the collective agreement mentioned above and in particular articles 6, 7, 8, 9, 10 and the Local 27 OLRB Area #8 Schedule.
An order that the Responding Party pay damages to the Applicant for the aforesaid violations.
Damages shall be in such amount as shall be agreed by the parties. Failing agreement, either party shall have the right to ask the Board to schedule a hearing for the sole purpose of determining the amount of damages owing.
Dated at Toronto this 11th day of June, 2001.
“Phil Bancheri” “Frank Munno”; “Jack Slaughter”
Signature for the Signature for the Applicant
Responding Party
Phil Bancheri Frank Munno; Jack Slaughter
General Manager Representative; Counsel
- The Board makes the orders and declarations set out in this Memorandum of Agreement. This application is adjourned sine die for a period of one year. If within that time no party requests that this application be relisted for hearing, it will be deemed terminated without further notice to any party.
“David A. McKee”
for the Board