2303-00-G International Union of Bricklayers and Allied Craftworkers, Local 7, Applicant v. Bells Corners Flooring Ltd., Responding Party v. Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers and Brick and Allied Craft Union of Canada and Brick and Allied Craft Union of Canada, Intervenors.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; August 9, 2001
In a decision dated November 16, 2000, the Board ordered that any monies paid by the responding party arising from this referral of grievance to arbitration be held in trust until the parties agreed as to the payment of these funds.
The applicant and the intervenor have apparently reached an agreement. The Board has not been provided with a copy of that agreement. I presume this is because the agreement is expressly stated to be without prejudice to the position of any party, and the circulation of the actual agreement might tend to weaken that claim. So long as the parties are satisfied that this order corresponds to their agreement, the Board has no reason to see the actual agreement or correspondence.
The Board therefore authorizes the release of funds held in trust on the following basis:
1.) the monies held in trust in respect of provincial remittances will be sent to Global Benefits for processing and distribution;
2.) the monies held in respect of Local 7 remittances will be released to the applicant;
3.) the interest accrued on the monies held in trust will be divided on a pro-rata basis;
4.) the intervenor will ensure that two employees receive their vacation pay from the appropriate fund within two weeks of the receipt of funds by Global.
If this decision does not accurately reflect the agreement of the parties, any party objecting to the decision shall advise the other parties forthwith, after which no distribution of funds shall be made absent agreement among the parties or, if necessary, a further order of the Board.
It should be stressed that this agreement is without prejudice to the positions of the applicant and the intervenor and that whatever transfer or use of money is accomplished by this decision, it is not an admission by any party of the legal propriety of any particular course of action.
“David A. McKee”
for the Board