Universal Workers’ Union, L.I.U.N.A., Local 183 v. Pro-Drain (1984) Construction Limited, 2001 CanLII 3542

1268-01-G Universal Workers’ Union, L.I.U.N.A., Local 183, Applicant v. Pro-Drain (1984) Construction Limited, Responding Party.

BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.

DECISION OF THE BOARD; August 9, 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 Minutes of Settlement:

MINUTES OF SETTLEMENT

Between:

Universal Workers’ Union, L.I.U.N.A., Local 183,

(the “Union”)

‑ and ‑

Pro-Drain (1984) Construction Ltd.,

(the “Employer”)

THE PARTIES hereto agree to settle the matter before the Ontario Labour Relations Board noted as Board File No.: 1268-01-G in the following manner and request that the Board incorporate these minutes into an order for enforcement;

1. The “Employer” agrees that it is bound by Collective Agreement as between the Universal Workers’ Union, L.I.U.N.A., Local 183 and the Concrete & Drain Contractors’ Association effective May 1, 1998 to April 30, 2001 and continuing and the subsequent agreement signed June 18, 2001 effective June 18, 2001 to April 30, 2004.

2. The “Employer” agrees that it has violated the Collective Agreement by failing to make timely remittances to the various Health, Welfare and Pension Funds administered by the Union on behalf of Union members in the employ of Pro-Drain (1984) Construction Ltd.

3. The “Employer” agrees that it will pay to the Union the sum $25,173.52 in respect of the remittances for the work month(s) June, 2001 forthwith.

4. The “Employer” agrees to pay to the Union as liquidated damages the sum ∅, forthwith.

Dated at Concord this 8^th day of August, 2001.

_________________ (“Roy Manarin”)

For the “Union” For Pro-Drain

_________________ (“Roy Manarin”)

Print Name Print Name

3. Having regard to the Minutes of Settlement, the Board hereby makes the consent orders, declarations and directions to which the parties have agreed.

“Inge M. Stamp”

for the Board