1429-01-G Universal Workers’ Union, L.I.U.N.A., Local 183, Applicant v. Goldmar Contracting Ltd., Responding Party.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; September 10, 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, as amended (the “Act”). Prior to the hearing set in this matter, the parties entered into an agreement to settle this matter. This agreement provides as follows:
MINUTES OF SETTLEMENT
BETWEEN:
Universal Workers’ Union, L.I.U.N.A., Local 183
The “Union”
- and -
Goldmar Contracting Ltd.
The “Employer”
THE PARTIES hereto agree to settle the matter before the Ontario Labour Relations Board designated as Board File No. 1429-01-G in the following manner and request that the Board incorporate these minutes into an order for enforcement.
The “Employer” agrees that it is bound by Collective Agreement as between Universal Workers’ Union, L.I.U.N.A., Local 183 and the Greater Toronto Sewer & Watermain Contractors’ Association effective May 1, 1998 to April 30, 2001 and continuing; and
The “Employer” agrees that it has violated the Collective Agreement by failing to make timely remittances to the various Health, Welfare and Pension Funds administered by the Union on behalf of Union members in the employ of Goldmar Contracting Ltd.; and
The “Employer” has either failed or refused to make payments in accordance with prior minutes associated with Board File No. 1794‑00‑G; and
The “Employer” agrees that it will pay to the Union the sum of $117,946.66 in principal to be paid in accordance with the scheduled “A” attached hereto; and
The “Employer” agrees to pay to the Union as liquidated damages the sum $4,910.99 forthwith.
Dated at Toronto this 28th day of August, 2001.
“Michael O’Brien” “Eliseo Lancione”
for the “Union” for “Goldmar”
SCHEDULE “A”
Payment Date Amount Balance Owing
August 27, 2001 $11,000.00 $111,857.65
August 31, 2001 $50,000.00 $61,857.65
September 5, 2001 $14,000.00 $47,857.65
September 10, 2001 $20,445.70 $27,411.95
September 15, 2001* $27,411.95 $0.00
- Report for the month of August is due and owing as of this date. All amounts owing will be paid in accordance with the Collective Agreement as discussed.
- Having regard to the agreement of the parties, the Board makes the declarations and orders agreed to by the parties, set out above.
“David A. McKee”
for the Board