1774-01-G The International Union of Painters & Allied Trades, District Council 46, (Local Union 1891), Applicant v. T & F Stucco Systems Inc., Responding Party.
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; October 12, 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:
ONTARIO LABOUR RELATIONS BOARD
File No. 1774-01-G
BETWEEN
The International Union of Painters & Allied Trades, District Council 46, (Local Union 1891),
Applicant,
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T & F Stucco Systems Inc.,
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.
A Declaration that the Responding Party is bound to the collective agreement effective May 1, 1998 to April 30, 2001 as between the Ont. Painting Contractors Association Acoustical Association Ontario Interior Systems Contractors Association of Ontario and the International Brotherhood of Painters and Allied Trades.
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 5-8, 9, 1, 13, 14, 15, 17, 17A, 20, 23, 24 and 25.
An order that the Responding Party will pay to the Applicant, as damages, the amount of $11409.75 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 Barrie this 5th day of October 2001.
"illegible" "Robert Kucheran"
For the Respondent For the Applicant
Robert Kucheran
IUPAT
- 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 T & F Stucco Systems Inc. is bound to the collective agreement between The Ontario Painting Contractors Association, Acoustical Association Ontario, Interior Systems Contractors Association of Ontario and The International Brotherhood of Painters and Allied Trades effective May 1, 1998 to April 30, 2001 (the "Collective Agreement");
b) declares that T & F Stucco Systems Inc. has violated the Collective Agreement and in particular articles 5-8, 9, 1, 13, 14, 15, 17, 17A, 20, 23, 24 and 25;
c) orders T & F Stucco Systems to pay to the applicant as damages, the amount of $11,409.75 on or before October 15, 2001.
"John Morgan Lewis"
for the Board