2117-01-G Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Belrock Construction Limited, Responding Party.
BEFORE: Harry Freedman, Vice‑Chair.
DECISION OF THE BOARD; November 14, 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"). The Chair of the Board authorized me to sit alone to hear and determine this matter pursuant to section 110(14)(a) of the Act.
2Prior to the hearing in this matter the parties entered into the following Minutes of Settlement:
File No. 2117-01-G
MINUTES OF SETTLEMENT
BETWEEN:
Carpenters and Allied Workers Local 27
United Brotherhood of Carpenters
and Joiners of America,
Applicant,
‑ and ‑
Belrock Construction Limited,
Responding Party.
MEMORANDUM OF AGREEMENT
WHEREAS the Applicant has filed a grievance against the Responding Party dated October 29, 2001 in respect of the Mavis Road and Ray Lawson Blvd. Project (“the Project”) and referred same to the Ontario Labour Relations Board in OLRB File No. 2117-01-G.
AND WHEREAS the parties wish to make arrangements to further harmonious labour relations and request that the Board issue a decision incorporating the following agreement:
NOW THEREFORE the parties agree as follows:
A declaration that the applicant and the responding party are bound by the collective agreement between the Carpenters Employer and Employee Bargaining Agencies (“EBA Agreement”) effective from May 1, 2001 to April 30, 2004.
A declaration that the responding party has violated Articles 5 of the EBA Agreement in that the responding party subcontracted to a company not bound by the EBA Agreement which performed shingling which is work covered by the EBA Agreement.
An order that the responding party shall pay to the applicant the sum of $8,5000.00 forthwith as damages arising from the said violation.
Dated at Toronto this 14th day of November, 2001.
“Rob Shewell” “John Ciampa”
For the Applicant For the Responding Party
3Having regard to the Minutes of Settlement, dated November 14, 2001, between the parties, filed, the Board:
(a) declares that the responding party is bound to the collective agreement between the Carpenters Employer and Employee Bargaining Agencies effective from May 1, 2001 to April 30, 2004 (the “EBA Agreement”);
(b) declares that the responding party has violated Article 5 of the Collective Agreement in that the responding party subcontracted to a company not bound by the EBA Agreement which performed shingling which is work covered by the EBA agreement;
(d) directs the responding party to pay forthwith to the applicant the sum of $8,500.00.
“Harry Freedman”
for the Board