2543-01-G Construction Workers, Local 6 affiliated with the Christian Labour Association of Canada, Applicant v. Hamilton Heating Cooling & Ventilation Co., Responding Party.
BEFORE: John Morgan Lewis, Vice‑Chair.
DECISION OF THE BOARD; December 19, 2001
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.
Prior to the hearing in this matter the parties entered into the following Memorandum of Agreement:
File No. 2543-01-G
BETWEEN:
CONSTRUCTION WORKERS LOCAL 6
affiliated with the CHRISTIAN LABOUR ASSOCIATION OF CANADA
"Applicant"
AND
HAMILTON HEATING COOLING AND VENTILATION CO
"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 agreement;
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 consentorder.
A Declaration that the Responding party is bound to the collective agreement effective November 1st as between Hamilton Heating Cooling and Ventilation Co. – and – Construction Workers Local 6 affiliated with the Christian Labour Association of Canada.
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 1.01f), 6.01, 9.02, 12.03, 13.02, 13.03 and Schedule A.
An order that the Responding Party will pay to the Applicant, as damages, the amount of $13,274.22 in a payment schedule as outline below, 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 as follows
-An amount of $2,212.37 no later than December 13, 2001
-An amount of $2,212.37 no later than December 20, 2001
-An amount of $2,212.37 no later than December 27, 2001
-An amount of $2,212.37 no later than January 3, 2002
-An amount of $2,212.37 no later than January 10, 2002
-An amount of $2,212.37 no later than January 17, 2002
Dated at Stoney Creek this 17th day of December, 2001.
"Robert Schaeflein" "Ian DeWaard"
Signature for the Responding Party Signature for the Applicant
Robert Schaeflein Manager "Ian DeWaard"
Print Name and Title Print Name and Title
- 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 declarations and directions:
a) declares that Hamilton Heating Cooling and Ventilation Co. ("Hamilton") is bound to the collective agreement between Hamilton Heating Cooling and Ventilation Co. and Construction Workers Local 6 affiliated with the Christian Labour Association of Canada (the "collective agreement");
b) declares that Hamilton has violated the collective agreement and in particular articles 1.01(f), 6.01, 9.02, 12.03, 13.02, 13.03 and Schedule A;
c) directs Hamilton to pay the applicant, as damages, the amount of $13,274.22 as follows:
$2,212.37 no later than December 13, 2001
$2,212.37 no later than December 20, 2001
$2,212.37 no later than December 27, 2001
$2,212.37 no later than January 3, 2002
$2,212.37 no later than January 10, 2002
$2,212.37 no later than January 17, 2002
"John Morgan Lewis"
for the Board