United Brotherhood of Carpenters and Joiners of America, Local 2486 v. PCL Constructors Canada Inc., 2001 CanLII 5182

0229-01-G United Brotherhood of Carpenters and Joiners of America, Local 2486, Applicant v. PCL Constructors Canada Inc., Responding Party.

BEFORE: M. A. Nairn, Vice‑Chair.

DECISION OF THE BOARD; May 25, 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. 0229-01-G

BETWEEN

United Brotherhood of Carpenters and Joiners of America, Local 2486,

Applicant,

• and -

PCL Constructors Canada Inc.,

Responding Party.

MEMORANDUM OF AGREEMENT

The parties agree with each other as follows and request that the Board incorporate the following in a decision as a consent order.

1. A Declaration that the Responding Party is bound to the Carpenters Provincial collective agreement.

2. A declaration that the Responding Party has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement.

3. A declaration that the Responding Party has violated the collective agreement mentioned above and in particular the area work practices.

4. An order that the Responding Party will pay to the Applicant, as damages, the amount of $1500.00 as full and final settlement for the above violations of the collective agreement.

5. An order that payment is to be made to the Applicant within 14 days of the date herein.

Dated at Sudbury this 14 day of May, 2001.

“Tom Cardinal” “J. K. Neill”

For the Applicant For the Responding Party

Tom Cardinal

3. 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 PCL Constructors Canada Inc. is bound to the Carpenters Provincial Collective Agreement;

(b) declares that PCL Constructors Canada Inc. has violated the collective agreement mentioned above and in particular the area work practices;

(c) order PCL Constructors Canada Inc. to pay to the applicant, as damages, the amount of $1500.00 as full and final settlement for the above violations of the collective agreement. Said payment is to be made no later than May 28, 2001.

“M. A. Nairn”

for the Board