2334-01-G International Union of Bricklayers and Allied Craftworkers, Local 7, Applicant v. Arban Terrazzo Tile and Marble Ltd., Responding Party.
BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; December 10, 2001
[1]. The 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.
[2]. Prior to the hearing in this matter the parties entered into the following Memorandum of Agreement:
ONTARIO LABOUR RELATIONS BOARD
File No. 2334-01-G
BETWEEN
International Union of Bricklayers and Allied Craftworkers, Local 7
Applicant,
- and -
Arban Terrazzo Tile and Marble Ltd.
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, 2001 as between the Ontario Provincial Council of the International Union of Bricklayers and Allied Craftworkers and the Terrazzo, Tile & Marble Guild of Ontario Inc. and the predecessor agreement thereto.
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 16, 18, 19, 28 and 29(a) – Local 7 Schedule.
An order that the Responding Party pay to the Applicant, as damages, the amount of $17,111.92 as full and final settlement for the above violations of the collective agreement and in accordance with the following schedule of installments:
a. $7,092.61 for outstanding contributions for the year 2001 by January 7, 2002.
b. Five postdated cheques for arrears from 1999 and 2000 as follows:
$2,595.40 by February 28, 2002
$2,934.38 by March 31, 2002
$3,260.53 by April 30, 2002
$1,229.00 by May 31, 2002
See Appendix “A”
Dated at Ottawa, Ontario this 29th day of November, 2001.
(“Saleem Qureshi”)” (“Dan. Plunkett”)
Signature for the Signature for the
Responding Party Applicant
Saleem Qureshi/Accountant Dan. Plunkett
Print Name and Title Print Name and Title
Appendix “A”
O.L.R.B. File 2334-01-G
- The Responding Party Employer will provide all of the outstanding monthly
reports for the year 2001 by December 7, 2001.
[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