International Union of Electrical Workers, Local 894 v. Stensca/Procon Ltd., 2001 CanLII 4277

Ontario Labour Relations Board

File No.: 3838-00-G Date: April 17, 2001

Between: International Union of Electrical Workers, Local 894, Applicant v. Stensca/Procon Ltd., Responding Party.

Before: Harry Freedman, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.

DECISION OF THE BOARD

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:

O.L.R.B. File No. 3838-00-G

BETWEEN:

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 894,

Applicant,

‑ and ‑

STENSCA/PROCON LTD.,

Responding Party.

MINUTES OF SETTLEMENT AND CONSENT ORDER

WHEREAS the Applicant has referred a grievance against the Responding Party for hearing by the Ontario Labour Relations Board on April 10, 2001;

AND WHEREAS the parties have reached a settlement of the grievance.

THEREFORE the parties agree as follows and request that the Board issue the Declarations and Orders contained herein:

1. The Responding Party acknowledges that it has failed to pay monthly contributions and remittances from January 1, 2001, as required in the Principal Agreement and agrees to make the payments described herein on the dates described herein.

2. The parties jointly request that the Board issue the following Declarations and Orders:

(i) declare that the Responding Party is bound to the Principal Agreement between the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario effective until April 30, 2001 (“the Principal Agreement”);

(ii) declare that the Responding Party has violated sections 8, 9 and 10 of the Master Portion of the Principal Agreement and Section 21 of the Applicant’s Local Appendix;

(iii) order that the Responding Party pay damages of $42,097.06 to the Applicant for these violations as follows:

(a) $11,602.52 by on or before April 11, 2001;

(b) $12,653.45 by on or before April 23, 2001;

(c) $14,342.09 by on or before May 1, 2001;

(d) $3,500.00 by on or before June 1, 2001; and Order

that

should the Responding party fail to make any of the above payments as and when required in this Order, the entire balance due and owing on the date of the default becomes immediately due and payable to the Applicant and subject to immediate collection proceedings by the Applicant.

3. Provided that the Board issues the Declarations and Orders contained herein, the Applicant accepts the terms of this Minutes of Settlement and Consent Order in full and final resolution of this grievance.

4. The Union shall file these Minutes of Settlement and Consent Order with the Board and ask that the Board issue the Declarations and Orders contained herein without the need of any hearing.

Dated at Oshawa, Ontario International Brotherhood of this 6th day of April, 2001 Electrical Workers, Local 894 “Terry Kelsey”

Dated at Toronto, Ontario Stensca/Procon Ltd. this 6th day of April, 2001 “John Harding”

3. Having regard to the Minutes of Settlement and Consent Order, dated April 6, 2001, between the parties, filed, the Board:

(a) declares that Stensca/Procon Ltd. is bound to the Principal Agreement between the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario effective until April 30, 2001 (the “Principal Agreement”);

(b) declares that Stensca/Procon Ltd. has violated sections 8, 9 and 10 of the Master Portion of the Principal Agreement and Section 21 of the Applicant’s Local Appendix;

(c) directs Stensca/Procon Ltd. to pay forthwith to the applicant the sum of $42,097.06 as follows:

(i) $11,602.52 on or before April 11, 2001;

(ii) $12,653.45 on or before April 23, 2001;

(iii) $14,342.09 on or before May 1, 2001;

(iv) $3,500.00 on or before June 1, 2001; and

(d) directs Stensca/Procon Ltd. to pay forthwith the entire outstanding balance should Stensca/Procon Ltd. fail to make any of the above payments as and when required by paragraph (c) of this Order.

“Harry Freedman” for the Board