United Brotherhood of Carpenters and Joiners of America, Local 2486 v. Interpaving Limited, 2001 CanLII 5201

2413-01-G United Brotherhood of Carpenters and Joiners of America, Local 2486, Applicant v. Interpaving Limited, Responding Party.

BEFORE: Harry Freedman, Vice‑Chair, and Board Members G. Pickell and A. Haward.

DECISION OF THE BOARD; December 13, 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 Memorandum of Agreement:

ONTARIO LABOUR RELATIONS BOARD

File No. 2413-01-R

BETWEEN:

United Brotherhood of Carpenters and Joiners

of America, Local 2486,

Applicant,

‑ and ‑

Interpaving Limited,

Respondent

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 Respondent is bound to the collective agreement effective May 1, 2001 as between the Carpenters Employer Bargaining Agency (E.B.A.) and the Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America.

2. A Declaration that the Respondent has agreed to abide by the full terms and conditions of the above mentioned collective agreement.

3. A Declaration that the Respondent has violated the collective agreement mentioned above and in particular articles 4 and 5.

4. An order that the Respondent will pay to the Applicant, as damages, the amount of $6,000.00 as full and final settlement for the above violations of the collective agreement.

• and -

An order that payment is to be made to the Applicant within 10 days of the date herein.

Dated at Sudbury this 10th day of December, 2001.

“Alphonso Argento” “Fred Karst”

For the Responding Party For the Applicant

3. Having regard to the Memorandum of Agreement, dated December 10, 2001, between the parties, filed, the Board:

(a) declares that responding party is bound to the collective agreement between the Carpenters Employer Bargaining Agency (E.B.A.) and the Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America effective from May 1, 2001 (the “Collective Agreement”);

(b) declares that the responding party has agreed to abide by the terms and conditions of the Collective Agreement;

(c) declares that the responding party has violated articles 4 and 5 of the Collective Agreement;

(d) directs the responding party to pay forthwith to the applicant the sum of $6,000.00 by December 24, 2001.

“Harry Freedman”

for the Board