1961-01-G International Association of Heat and Frost Insulators and Asbestos Workers, Local 95, Applicant v. John Hencze cob as Dundas Valley Insulation Ltd., Responding Party.
BEFORE: Marilyn Silverman, Vice‑Chair.
DECISION OF THE BOARD; December 13, 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 Agreement:
OLRB. 1961-01-G
International Association of Heat and Frost Insulators and Asbestos Workers, Local 95,
Applicant,
- and -
John Hencze cob as Dundas Valley Insulation Ltd.,
Responding Party.
MINUTES OF SETTLEMENT & CONSENT ORDER
Whereas the hearing of this grievance is scheduled for Dec. 21, 2001;
And whereas the parties have met with a Labour Relations Officer & have resolved the issues in dispute between them;
Therefore, the parties agree as follows & request that the Board issue the declarations & orders described herein:
The Responding Party acknowledges he is bound to the Applicant’s collective agreement and has violated the union security provisions of the agreements by not complying with the construction agreement at the Blessed Trinity School & the Citric Acid plant (“the Projects”);
The Responding Party acknowledges that it is liable for damages of $19,000.00 for work performed on the Projects & is further liable for the penalty provided in the collective agreements of $25,000.00.
The Applicant shall issue a work permit to the Responding Party which will allow John hencze to work with the tools for one year from today’s date.
The Responding Party must pay hourly contributions under Article 15 (currently $7.72 per hour) for each hour worked by John hencze & must remit those contributions as & when required in the collective agreements.
The Responding Party shall advise the Applicant if it wishes to hire an apprentice who is not a member of the Applicant & the Applicant shall admit that apprentice as a member, on the payment of the usual initiation fees, & if the apprentice meets the Applicant’s usual qualifications.
The parties request that the Board do the following:
i) declare that the Responding Party is bound to the Construction Agreement & to the Maintenance Agreement between the Master Insulators’ Association of Ontario Inc. and the International Association of Heat & Frost Insulators & Asbestos Workers, & the International Association of Heat & Frost Insulators & Asbestos Workers, Local 95, effective until April 30, 2004;
ii) declare that the Responding Party has violated Articles 1 and 2 of the Construction Agreement;
iii) declare that the damages for that violation are $19,000.00
iv) declare that the Responding Party is liable for the $25,000.00 fine prescribed in Art. 6.05 of the Construction Agreement;
v) order that the total amount of $44,000.00 be paid to the applicant by the Responding Party pursuant to the following schedule:
(a) $14,000.00 by certified cheque or money order delivered to the Applicant’s offices by the close of business of December 14, 2001;
(b) $2,000.00 per month starting Jan. 15, 2001, through to March 15, 2003, inclusive, by post-dated cheques delivered to the Applicant by on or before the close of business on December 14, 2001, and
order that, should the Responding Party fail to make any of the payments described above on the dates required, or should the Responding Party fail to honour any of the post-dated cheques delivered hereunder, the entire balance owing on the date of default becomes immediately due & payable to the Applicant & subject to immediate collection proceedings. The Applicant shall give the Responding Party seven days’ notice that it is exercising its right under this paragraph during which time the Responding Party may cure its default.
- Assuming the Board makes the declarations & orders described herein, the Applicant accepts this Minutes of Settlement & Consent Order in full & final satisfaction of the grievance & the hearing scheduled for Dec. 21, 2001, shall be cancelled.
Dated at Toronto this 7th day of Dec. 2001.
“Joe de Wit” “John Hencze”
For the Applicant For the Responding Party
- 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 declarations and orders:
a) declares that John Hencze cob as Dundas Valley Insulation Ltd. is bound to the Construction Agreement and to the Maintenance Agreement between the Master Insulators’ Association of Ontario Inc. and the International Association of Heat and Frost Insulators and Asbestos Workers, and the International Association of Heat and Frost Insulators and Asbestos Workers, Local 95 (the “Construction Agreement”), effective until April 30, 2004;
b) declares that John Hencze cob as Dundas Valley Insulation Ltd. violated Articles 1 and 2 of the Construction Agreement;
c) declares that the damages for the violation are $19,000.00;
d) declares that John Hencze cob as Dundas Valley Insulation Ltd. is liable for the $25,000.00 fine prescribed in Article 6.05 of the Construction Agreement;
e) orders John Hencze cob as Dundas Valley Insulation Ltd. pay to the applicant the amount of $44,000.00 pursuant to the following schedule:
i) $14,000.00 by certified cheque or money order delivered to the Applicant’s offices by the close of business of December 14, 2001;
ii) $2,000.00 per month starting Jan. 15, 2001, through to March 15, 2003, inclusive, by post-dated cheques delivered to the Applicant by on or before the close of business on December 14, 2001, and
orders that, should John Hencze cob as Dundas Valley Insulation Ltd. fail to make any of the payments described above on the dates required, or should John Hencze cob as Dundas Valley Insulation Ltd. fail to honour any of the post-dated cheques delivered hereunder, the entire balance owing on the date of default becomes immediately due and payable to the applicant and subject to immediate collection proceedings. The applicant shall give John Hencze cob as Dundas Valley Insulation Ltd. seven days’ notice that it is exercising its right under this paragraph during which time John Hencze cob as Dundas Valley Insulation Ltd. may cure its default.
- The hearing scheduled for December 21, 2001 is hereby cancelled.
“Marilyn Silverman”
for the Board