0439-01-G Sheet Metal Workers’ International association, Local 30, Applicant v. Fabio Giannitti, c.o.b. as Fabcon Sheet Metal, Responding Party.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 22, 2001
1This 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").
2Prior to the hearing in this matter the parties entered into the following Memorandum of Agreement:
ONTARIO LABOUR RELATIONS BOARD
File No. 0439-01-G
BETWEEN:
Sheet Metal Workers’ International Association, Local 30,
Applicant,
‑ and ‑
Fabio Giannitti, c.o.b. as Fabcon Sheet Metal,
Responding Party.
MEMORANDUM OF AGREEMENT
Whereas the Applicant in this matter alleged that the responding Party is bound to the collective agreement(s) referred to in paragraph 1 below;
And whereas the responding party acknowledges that it is bound to this/these agreement(s);
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.
A Declaration that the Responding Party is bound to the collective agreement effective May 1, 1998 to April 30, 2001 as between Ontario Sheet Metal and Air Handling Group, and the Sheet Metal Workers’ International Association and Ontario Sheet Metal Workers’ Conference.
A Declaration that the Responding Party has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement.
A Declaration that the Responding Party has violated the collective agreement mentioned above and in particular articles 33, 34, 35 and Clause 18 of Appendix “K”.
An order that the Responding Party will pay to the Applicant, as damages, the amount of $15,749.25 as full and final settlement for the above violations of the collective agreement.
- and –
An order that payment is to be made to the Applicant in accordance with Schedule “A”.
Dated at Toronto this 9th day of May, 2001.
“Fabio Giannitti” “Kevin Archibald” Trustee
Signature for the Responding Party Signature for the Applicant
3Having regard to the Memorandum of Agreement, dated May 9, 2001, between the parties, filed, the Board:
(a) declares that the responding party is bound to the collective agreement between Ontario Sheet Metal and Air Handling Group, and the Sheet Metal Workers’ International Association and Ontario Sheet Metal Workers’ Conference effective from May 1, 1998 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 the responding party has violated 33, 34, 35 and Clause 18 of Appendix “K” of the Collective Agreement;
(d) directs the responding party to pay to the applicant the sum of $15,749.36 in two installments as follows:
On or before May 18, 2001: $6,081.37
On or before June 6, 2001: $9,667.88
“Harry Freedman”
for the Board