United Brotherhood of Carpenters and Joiners of America, Local 18 v. Scott Harvey Carpentry, 2001 CanLII 3025

1862-01-G United Brotherhood of Carpenters and Joiners of America, Local 18, Applicant v. Scott Harvey Carpentry, Responding Party.

BEFORE: Harry Freedman, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.

DECISION OF THE BOARD; October 19, 2001

1. This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended ("the Act").

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

ONTARIO LABOUR RELATIONS BOARD

OLRB File Nos. 0865-01-G and 1862-01-G

BETWEEN:

UNITED BROTHERHOOD OF CARPENTERS

AND JOINERS OF AMERICA, LOCAL 18,

Applicant,

‑ and ‑

SCOTT HARVEY CARPENTRY,

Responding Party.

MEMORANDUM OF AGREEMENT

WHEREAS the Applicant in this matter alleged that the Responding Party is bound to the collective agreement referred to in paragraph 1 below;

AND WHEREAS the Responding Party acknowledges that it is bound to this agreement;

THEREFORE, the parties agree with each other as follows and request that the Board incorporate the following in a decision as a consent order:

1. A Declaration that the Responding Party is bound to the Carpenters Provincial ICI collective agreement effective May 1, 2001 as between The Carpenters Employer Bargaining Agency (E.B.A.) and The Carpenters’ District Council o f Ontario, United Brotherhood of Carpenters and Joiners of America (C.D.C.).

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 9 and 10.

4. An order that the Responding Party owes the Applicant as damages (including wages liquidated damages and the Applicant’s reasonable costs incurred in prosecuting the grievance) the amount of $10,371,08 as full and final settlement for the above violations of the collective agreement. Of this amount, $4,953.75 is wages.

5. An order that the Responding Party has failed to pay $10,371.08 contrary to paragraph 4 and as such the total amount of $10,371.08 is immediately due and payable

Dated at Toronto this 18th day of October, 2001.

"Scott Harvey - Owner" "Robert Yakiwchuk"

For the Responding Party For the Applicant

Vice-President & Business Rep.

3. Having regard to the Memorandum of Agreement, dated October 18, 2001, between the parties, filed, the Board:

(a) declares that the responding party is bound to the collective agreement between The Carpenters Employer Bargaining Agency and the Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America effective May 1, 2001 to April 30, 2001 (the “Collective Agreement”);

(b) declares that the responding party has agreed to abide by the terms and conditions of the Collective Agreement;

(c) declares that responding party has violated articles 9 and 10 of the Collective Agreement;

(d) directs the responding party to pay forthwith to the applicant the sum of $10,371.08.

“Harry Freedman”

for the Board