Ontario Labour Relations Board

0015-01-G International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Applicant v. C & T Reinforcing (1987) Ltd., Responding Party.

BEFORE: John Morgan Lewis, Vice-Chair.

DECISION OF THE BOARD; April 18, 2001

1. By decision dated April 11, 2001, the Board issued a default judgement with respect to this matter. The Board has subsequently been advised that the parties have met on April 10, 2001 with a Labour Relations Officer and had resolved all outstanding matters given rise to this application. In the circumstances, the Board hereby reconsiders its decision April 11, 2001, and rescinds the declarations and directions contained therein

2. The parties executed Minutes of Settlement dated April 10, 2001 which provides as follows:

ONTARIO LABOUR RELATIONS BOARD

File No. 0015-01-G

BETWEEN:

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721

Applicant,

‑ and ‑

C & T Reinforcing (1987) Ltd.

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 as a consent order.

1. A Declaration that the Responding party is bound to the collective agreement effective August 5, 1998 as between Rodworker Employer Bargaining Agency International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers et al.

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 21, 2 and 5.

4. An order that the Responding Party will pay to the Applicant, as damages, the amount of $2,524.32 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 forthwith.

Dated at Toronto this 10th day of April, 2001.

“Sam Costa” . “M. Coleman” .

Signature for the Signature for the

Responding party Applicant

Sam Costa President . M. Coleman Bus Agnt, 721 .

Print Name and Title Print Name and Title

3. 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:

1. declares that C & T Reinforcing (1987) Ltd. is bound to the collective agreement between Rodworker Employer Bargaining Agency International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers et al. effective April 5, 1998 (“Collective Agreement”);

2. declares that C & T Reinforcing (1987) Ltd. has violated the Collective Agreement and in particular Articles 21, 2 and 5; and

3. orders that C & T Reinforcing (1987) Ltd. pay to the applicant as damages, the amount of $2,524.32 forthwith.

“John Morgan Lewis”

for the Board