Court File and Parties

1658-01-G Operative Plasterers’, Cement Masons’, Restoration Steeplejacks International Association of the United States and Canada, Union Local 598, Applicant v. Metro Concrete Floors (1990) Inc., Responding Party.

BEFORE: Marilyn Silverman, Vice‑Chair.

DECISION OF THE BOARD; September 28, 2001

Decision

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. 1658-01-G

BETWEEN:

Operative Plasterers’, Cement Masons’, Restoration Steeplejacks International Association of the United States and Canada, Union Local 598,

Applicant,

• and -

Metro Concrete Floors (1990) Inc.,

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.

1. A Declaration that the Responding Party is bound to the collective agreement effective July 11, 2001 as between the Applicant and the Cement Masons’ and Operative Plasterers’ Employer Bargaining Agency.

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 articles 8, 9, 12, 23 and Appendix “1”.

4. An order that the Responding Party will pay to the Applicant, as damages, the amounts set forth on Appendix ‘A’ as full and final settlement for the above violations of the collective agreement.

Dated at Toronto this 24^th day of September, 2001.

“Silvio Ferri” “Steve Zarich”

Signature for the Signature for the Responding Party Applicant

Silvio Ferri Steve Zarich

Print Name and Title Print Name and Title

President

Appendix “A”

a) The Responding party shall pay to Jose Sandoval the amount of $1,767.25 less deductions required by law, including 4% in Union dues which shall be remitted in accordance with paragraph (b) hereof, for wages and vacation pay for the period June 1 to August 23, 2001; and

b) The Responding party shall remit the following amounts on behalf of Jose Sandoval in accordance with the applicable collective agreement for the period June 1 to July 31, 2001:

(i) Health, Welfare and Training Funds: $622.20

(ii) Union Dues: $246.87

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 Metro Concrete Floors (1990) Inc. (“Metro Concrete”) is bound to the collective agreement as between the Operative Plasters’, Cement Masons’, Restoration Steeplejacks International Association of the United States and Canada, Union Local 598 and the Cement Masons’ and Operative Plasterers’ Employer Bargaining Agency (the “Collective Agreement”);

b) declares that Metro Concrete violated the Collective Agreement and in particular articles 8, 9, 12, 23 and Appendix “1”;

c) orders Metro Concrete to pay to Jose Sandoval the amount of $1,767.25 less deductions required by law, including 4% in Union dues which shall be remitted in accordance with paragraph (b) hereof, for wages and vacation pay for the period June 1 to August 23, 2001, and shall remit the following amounts on behalf of Jose Sandoval in accordance with the applicable collective agreement for the period June 1 to July 31, 2001:

(i) Health, Welfare and Training Funds: $622.20

(ii) Union Dues: $246.87

“Marilyn Silverman”

for the Board