0576-01-G International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736, Applicant v. Santesso Bros. Iron Works Limited c.o.b. as Columbus Plate Works, Responding Party.
BEFORE: D.L. Gee, Vice-Chair.
DECISION OF THE BOARD; May 31, 2001
The 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.
Prior to the hearing in this matter the parties entered into the following Memorandum of Settlement:
OLRB File No. 0576-01-G
MEMORANDUM OF SETTLEMENT
BETWEEN:
International Association of Bridge, Structural, Ornamental
and Reinforcing Iron Workers, Local 736
(the “Union”)
- and -
Santesso Bros. Iron Works Limited c.o.b. as
Columbus Plate Works
(the “Employer”)
The parties to the above noted Referral of Grievance to Arbitration agree to the following terms:
The Employer agrees that it is bound to the Provincial Collective Agreement between the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers and the Ontario Erectors Association, Inc. (the “Collective Agreement”).
The Employer also admits that it has violated the Collective Agreement, particularly articles 2.1(a), 2.5 and 2.7, and specifically that it employed non-union shop personnel to perform field work covered by the Collective Agreement and failed to pay wages and remittances as requried by the Collective Agreement for various jobs in St. Catherines and Port Colborne during the months of March, April and May, 2001. The Employer further admits that it failed to file contribution reports, as requried by the Collective Agreement for the above jobs for the months of March, April and May, 2001.
The Employer agrees to pay to the Union $8,000 by certified cheque on or before June 08, 2001 representing the outstanding wages, pension, welfare, benefit and ancillary contributions requried pursuant to the Collective Agreement for the above work.
The parties agree that this agreement constitutes a settlement pursuant to Section 96(7) of the Act and they jointly request that the terms of this settlement be incorporated into a decision of the Board to issue in these matters.
The hearing scheduled for May 31, 2001 is therefore cancelled.
Signed and dated at St. Catherines, Ontario this 30th day of May 2001.
ON BEHALF OF THE EMPLOYER ON BEHALF OF THE UNION
(“Frank Santesso”) (“Edward Pratt”)
Frank Santesso Edward Pratt, Bus. Agent
- Having 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:
a) declares that Santesso Bros. Iron Works Limited c.o.b. as Columbus Plate Works is bound to the Provincial Collective Agreement between the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers and the Ontario Erectors Association, Inc. (the “Collective Agreement”);
b) declares that Santesso Bros. Iron Works Limited c.o.b. as Columbus Plate Works has violated the Collective Agreement, particularly articles 2.1(a), 2.5 and 2.7, and specifically that it employed non-union shop personnel to perform field work covered by the Collective Agreement and failed to pay wages and remittances as requried by the Collective Agreement for various jobs in St. Catherines and Port Colborne during the months of March, April and May, 2001 and also failed to file contribution reports, as requried by the Collective Agreement for the above jobs for the months of March, April and May, 2001;
c) orders Santesso Bros. Iron Works Limited c.o.b. as Columbus Plate Works to pay to the Union $8,000 by certified cheque on or before June 08, 2001 representing the outstanding wages, pension, welfare, benefit and ancillary contributions requried pursuant to the Collective Agreement for the above work.
“D.L. Gee”
for the Board