International Union of Elevator Constructors Local 50 v. Selco Elevator Limited, 2001 CanLII 2888

1432-01-G International Union of Elevator Constructors Local 50, Applicant v. Selco Elevator Limited, Responding Party.

BEFORE: Laura Trachuk, Vice‑Chair, and Board Members G. Pickell and A. Haward.

DECISION OF THE BOARD; August 30, 2001

1. 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.

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

Board File No. 1432-01-G

MEMORANDUM OF SETTLEMENT

BETWEEN:

International Union of Elevator Constructors, Local 50,

(hereinafter the “Applicant”),

• and -

Selco Elevators Limited,

(hereinafter the “Responding Party”).

WHEREAS the parties desire to settle this matter without a hearing;

NOW THEREFORE, the parties agree as follows, and jointly request that the Board incorporate this Memorandum of Settlement into an Order of the Board:

1. The Responding Party agrees that it is bound by the Ontario Provincial Agreement effective October 8, 1998 and expiring April 30, 2001, and any renewal thereof;

2. The Responding Party agrees that it has violated the Ontario Provincial Agreement in that it has failed to make remittances to the Welfare, Pension and Education Trust Funds, and in that it has failed to remit Union dues on behalf of all employees covered by the Ontario Provincial Agreement;

3. The Responding Party agrees to pay damages to the Welfare, Pension and Education Trust Funds in the amunt of $33,111.88 as full and final settlement in respect of thismatter forthwith;

4. The Responding Party agrees to make all future remittances to the Welfare, Pension and Education Trust Funds no later than the 20^th day of the month following the month during which hours were worked and deductions were made or contributions became payable.

DATED AT Toronto, this 29^th day of August, 2001.

“E. Sullivan” “C. Murray”

SELCO ELEVATORS LIMITED I.U.E.C., LOCAL 50

3. Having regard to the Memorandum of Agreement, and pursuant to section 133 of the Labour Relations Act, 1995, the Board makes the following declarations and consent orders:

a) the Board declares that Selco Elevator Limited is bound by the Ontario Provincial Agreement;

b) the Board declares that Selco Elevator Limited has violated the Ontario Provincial Agreement in that it has failed to make remittances to the Welfare, Pension and Education Trust Funds and that it has failed to remit union dues on behalf of all of its employees covered by the Ontario Provincial Agreement;

c) the Board orders Selco Elevator Limited to pay $33,111.88 to the applicant as damages for the above violations forthwith;

d) the Board orders Selco Elevator Limited to make all future remittances to the Welfare, Pension and Education Trust Funds no later than the 20^th day of the month following the month during which hours were worked and deductions were made or contributions became payable.

“Laura Trachuk”

for the Board