3446-00-G United Brotherhood of Carpenters and Joiners of America, Local 93, Applicant v. J.C. Sulpher Construction Ltd., Responding Party.
BEFORE: D.L. Gee, 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:
ONTARIO LABOUR RELATIONS BOARD
File No. 3446-00-G
BETWEEN:
UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, LOCAL 93
Applicant,
- and -
J.C. SULPHER CONSTRUCTION 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.
A Declaration that the Responding party is bound to the collective agreement effective May 1, 1998 as between The Carpenters Employer Bargaining Agency (EBA) and The Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America (COC) – Provincial Collective Agreement, ICI Sector.
A Declaration that the Responding party has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement.
3A Declaration that the Responding party has violated the collective agreement mentioned above and in particular article 4.
4An order that the Responding party will pay to the Applicant, as damages, the amount of $6,000.00 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 no later than May 25, 2001 by certified cheque.
Dated at Toronto this 24th day of May, 2001.
“F. Sulpher” “A. Root”
Signature for the Signature for the
Responding Party Applicant
“Francis M. Sulpher-Sec/Treasurer” “Andy Root, Bus. Rep.”
Print Name and Title Print Name and Title
- Having 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 J.C. Sulpher Construction Ltd. is bound to the collective agreement effective May 1, 1998 between The Carpenters Employer Bargaining Agency (EBA) and The Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America (COC) – Provincial Collective Agreement ICI Sector (“the collective agreement”);
b) declares that J.C. Sulpher Construction Ltd. violated the collective agreement mentioned above and in particular article 4.
c) orders J.C. Sulpher Construction Ltd. to pay to the Applicant, as damages, the amount of $6,000.00 as full and final settlement for the above violations of the collective agreement no later than May 25, 2001.
“D.L. Gee”
for the Board