0474-01-G; 0487-01-U International Union of Painters and Allied Trades, Local 1819, Glaziers, Applicant v. Harrison Glass & Mirror Co. Limited, Stephen Duck c.o.b. as County Glass & Door Services, Stephen Duck operating as Pro Glazing Services and/or as Pro-Glass Services, Responding Parties.
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; July 19, 2001
1. This is a construction grievance pursuant to the provisions of section 133 of the Labour Relations Act, 1995 (“the Act”) and an unfair labour practice complaint pursuant to the provisions of section 96.
2. The parties have concluded a Minutes of Settlement and a Consent Order (‘the parties’ agreement”) which reads as follows:
OLRB File No.: 0474-01-G
0487-01-U
INTERNATIONAL UNION OF PAINTERS & ALLIED TRADES,
LOCAL 1819, GLAZIERS
the Applicant
- and -
HARRISON GLASS & MIRROR CO. LIMITED,
STEPHEN DUCk c.o.b. as COUNTY GLASS & DOOR SERVICES,
STEPHEN DUCK operating as PRO GLAZING SERVICES
and/or PRO-GLASS SERVICE
the Responding Parties
MINUTES OF SETTLEMENT AND CONSENT ORDER
WHEREAS these matters were scheduled for hearing on May 23rd, 2001;
AND WHEREAS the Union has requested that the Board re-schedule the hearing;
AND WHEREAS the parties have resolved the issues in dispute between them;
THEREFORE, the parties agree as follows and request that the Board issue the declarations and orders contained herein.
The Responding Parties acknowledge that they have violated the Union Security provisions of the Maintenance Agreement.
The parties request that the Board do the following:
(i) Declare that the Responding Parties are bound to the Toronto-Local 1819 – Maintenance Agreement between the Architectural Glass and Metal Contractors Association and the Applicant effective until October 31, 2004;
(ii) Declare that the Responding Parties have violated Article III – Relationship & Union Security of the Maintenance Agreement;
(iii) Declare that the damages payable for that violation are $30,000.00;
(iv) Order that the damages be paid as follows:
(a) $15,000.00 to be delivered to the Applicant by on or before the close of business on July 13, 2001;
(b) $15,000.00 to be delivered to the Applicant within one calendar week of either:
the date on which any employee(s) file(s) or any person acting on behalf of the employee(s) file(s) with the Board a termination application against the Applicant; or
the date of a Board decision finding that the Responding Parties (or any of them) have violated the Maintenance Agreement.
If neither event described in sub-paragraphs 2 (iv)(b)(1) or (2) occurs before May 1, 2004, then this term becomes null and void and the balance of $15,000.00 is no longer owing to the Applicant;
(v) Order that the Responding Parties post a Notice to Employees in the form attached hereto in conspicuous locations in the workplace and leave that Notice posted for 14 days.
- Assuming the Board issues the Declaration and Orders contained herein, the Applicant accepts the terms of these Minutes in full and final resolution of these proceedings and of any violations of the Maintenance Agreement occurring prior to the date hereof.
DATED at Toronto this 13 day of July, 2001.
(“Dermot Lynch”) (“Jeffrey Duck”)
For the Union For the Employer
DERMOT LYNCH JEFFREY DUCK
(“Stephen Duck”)
For the Employer
STEPHEN DUCK
3. Pursuant to the parties’ agreement, the Board makes the following declarations and orders and gives the following directions:
a) the responding parties are bound to the Toronto Local 1819 Maintenance Agreement between the Architectural Glass and Metal Contractors Association and the applicant (‘the Maintenance Agreement’) effective until October 31, 2004;
b) the responding parties have violated Article III of the Maintenance Agreement;
c) damages are payable for that violation;
d) the responding parties shall pay to the applicant the sum of $15,000 by July 13, 2001, pursuant to paragraph 2(iv)(a) of the parties’ agreement;
e) should the applicant seek further relief pursuant to the parties’ agreement it may approach the Board for that purpose;
f) this decision shall be posted by the responding parties in conspicuous locations in the workplace where it is likely to come to the attention of the responding parties’ employees, for a period of 14 days.
“Christopher J. Albertyn”
for the Board