Labourers’ International Union of North America, Local 527 v. Reliance Const. of Canada Ltd., 2001 CanLII 3195

0477-01-G Labourers’ International Union of North America, Local 527, Applicant v. Reliance Const. of Canada Ltd., Responding Party.

BEFORE: M. A. Nairn, Vice‑Chair.

DECISION OF THE BOARD; May 24, 2001

1The 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.

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

File No. 0477-01-G

ONTARIO LABOUR RELATIONS BOARD

BETWEEN:

LABOURERS’ INTERNATIONAL UNION OF NORTH AMERICA LOCAL 527

APPLICANT,

• AND –

RELIANCE CONST. OF CANADA LTD.

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 to settle this matter on the terms set out below and request 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 LABOURERS EMPLOYERS BARGAINING AGENCY AND LABOURERS INTERNATIONAL UNION OF NORTH AMERICA OPCD AND ITS AFFILIATED LOCAL UNIONS, (PROVINCIAL I.C.I. COLLECTIVE AGREEMENT),

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 2.04 AND 2.05 BY SUBCONTRACTING THE WORK OF CONCRETE FORMING, PLACEMENT OF CONCRETE AND ALL WORK INCIDENTAL THERETO TO COFFRAGES GUILFORME INC.

4. An order that the Responding Party pay to the Applicant, as damages, the amount of $14,000.0 [sic] as full and final settlement for the above violations of the collective agreement.

5. An order that payment is to be made to the Applicant not later than June 1st, 2001.

DATED AT OTTAWA THIS 22^ND DAY OF MAY, 2001.

“Daniel Randazzo” “Danny Proulx’

FOR THE APPLICANT FOR THE RESPONDING PARTY

Daniel Randazzo, Counsel Danny Proulx – V.P

3Having 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:

(a) declares that Reliance Const. of Canada Ltd. is bound to the collective agreement effective May 1^st, 1998 as between Labourers Employers Bargaining Agency and Labourers International Union of North America OPCD and its affiliated local unions, ( the “Provincial I.C.I. Collective Agreement”);

(b) declares that Reliance Const. of Canada Ltd. has violated that collective agreement and in particular Articles 2.04 and 2.05 by subcontracting the work of concrete forming, placement of concrete and all work incidental thereto to Coffrage Guilforme Inc.;

(c) order Reliance Const. of Canada Ltd. to pay to the applicant, as damages, the amount of $14,000.00 as full and final settlement for the above violations of the collective agreement. Said payment is to be made not later than June 1^st, 2001.

“M. A. Nairn”

for the Board