Labourers’ International Union of North America, Local 527 v. Costec Construction, 2001 CanLII 19145

Labourers’ International Union of North America, Local 527 v. Costec Construction

File No.: 1182-01-G Before: Inge M. Stamp, Vice‑Chair, and Board Members G. Pickell and G. McMenemy. Decision of the Board: August 2, 2001

1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended ("the Act").

2Prior to the hearing in this matter the parties entered into the following Memorandum of Agreement:

ONTARIO LABOUR RELATIONS BOARD

File No. 1182-01-G

BETWEEN:

Labourers’ International Union of North America, Local 527

Applicant,

and

Costec Construction

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.

1. A Declaration that the Responding Party is bound to the collective agreement effective May 1/98 as between National Capital Road Builders’ Association and a council of trade unions representing International Union of Operating Engineers, Local 793, Labourers’ International Union of North America, Local 527 and Teamsters Local Union 91 affiliated with the International Brotherhood of Teamsters.

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

3. A Declaration that the Responding Party has violated the collective agreement mentioned above and in particular articles 12 and 16 of the Local Union Schedule for Local 527, Ottawa.

4. An order that the Responding party to pay to the Applicant, as damages, the amount of 4,754.60 as full and final settlement for the above violations of the collective agreement.

-and –

An order that payment is to be made to the Applicant as follows:

2219.26 to be paid no later than Aug. 15/01

and 2535.34 to be paid no later than Aug. 31/01

Dated at Ottawa this 1st day of August, 2001.

(“G. Costanzo”) (“Gerry Mullen”)

Signature for the Signature for the

Responding party Applicant Gerry Mullen

Giacinto (Jess) Costanzo Vice Pres Local 527

Print Name and Title Print Name and Title

3Having regard to the Minutes of Settlement, the Board hereby makes the consent orders, declarations and directions to which the parties have agreed.

“Inge M. Stamp”

for the Board