Labourers’ International Union of North America, Local 527 v. Ellis-Don Limited, 2001 CanLII 3074

0907-01-G Labourers’ International Union of North America, Local 527, Applicant v. Ellis-Don Limited, Responding Party.

BEFORE: Harry Freedman, Vice‑Chair and Board Members G. Pickell and A. Haward.

DECISION OF THE BOARD; July 6, 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

File No. 0907-01-G

BETWEEN:

Labourers’ International Union of North America, Local 527,

Applicant,

‑ and ‑

Ellis-Don Construction Ltd.,

Responding Party.

MEMORANDUM OF AGREEMENT

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 collective agreement effective May 1^st, 1998 as between Labour Relations Bureau of Ontario Contractors’ Association, Ontario Masonry Contractors’ Association, Industrial Contractors Association of Canada, Sealant and Waterproofing Association, Concrete Floor Contractors’ Association of Ontario and Labourers’ International Union of North America and LIUNA, Ontario Provincial District Council on behalf of its affiliated Local Unions.

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 article 2.

4. An order that the Responding Party will pay to the Applicant, as damages, the amount of $3000.00 as full and final settlement for the above violations of the collective agreement on or before July 18, 2001.

Dated at Ottawa this 4^th day of July, 2001.

"M. Ralph" "Gerry Mullen"

Signature for the Responding Party Signature for the Applicant

3. Having regard to the Memorandum of Agreement, dated July 4, 2001, between the parties, filed, the Board:

(a) declares that Ellis-Don Construction Ltd. is bound to the collective agreement between Labour Relations Bureau of Ontario Contractors’ Association, Ontario Masonry Contractors’ Association, Industrial Contractors Association of Canada, Sealant and Waterproofing Association, Concrete Floor Contractors’ Association of Ontario and Labourers’ International Union of North America and LIUNA, Ontario Provincial District Council on behalf of its affiliated Local Unions effective from May 1^st, 1998 to April 30^th, 2001 (the “Collective Agreement”);

(b) declares that Ellis-Don Construction Ltd. has agreed to abide by the terms and conditions of the Collective Agreement;

(c) declares that Ellis-Don Construction Ltd. has violated article 2, of the Collective Agreement;

(d) directs Ellis-Don Construction Ltd. to pay forthwith to the applicant the sum of $3000.00 on or before July 18, 2001.

“Harry Freedman”

for the Board