0537-01-G Universal Worker’s Union, L.I.U.N.A., Local 183, Applicant v. Select Concrete & Drain Inc., Responding Party.
BEFORE: Laura Trachuk, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; May 28, 2001
This is a referral of a grievance under section 133 of the Labour Relations Act, 1995, (the “Act”).
Prior to the hearing of this matter the parties entered Minutes of Settlement as follows:
LETTER OF UNDERSTANDING & MINUTES OF SETTLEMENT
Between:
Universal Workers Union, L.I.U.N.A., Local 183
“the Union”
-and-
Select Concrete & Drain Inc.
“the Employer”
The parties hereto agree to settle the grievance dated March 27, 2001 in the following manner and agree that these minutes shall constitute minutes for the purpose of settling any matters that may appear before the Ontario Labour Relations Board.
The “Employer” agrees that it is bound by Collective Agreement with the Universal Workers’ Union, L.I.U.N.A., Local 183 effective May 1,1998 to April 30, 2001 and continuing.
The “Employer” agrees that it has violated the Collective Agreement by failing or refusing to make payments to the Various Health, Welfare and Pension Trust Funds administered by the Union for the period commencing January 1, 2001 and following through to the present which encompasses the work months January, February and March, 2001.
The “Employer” agrees that it will pay as liquidated damages to the Union the sum $42,728.44, forthwith.
The “Empoloyer” [sic] further agrees that it will maintain current status with regard to all subsequent remittances that come due from this point forward.
Dated at Concord this 10^th^ Day of May, 2001.
(“M.P. O’Brien”) (“Ron Zakkai”)
For the (“Union”) For the “Employer”
Michael P. O’Brien Ron Zakkai
- The Board therefore makes the following declarations and orders on consent of the parties:
(1) The Board declares that Select Concrete & Drain Inc. is bound by the collective agreement with the Universal Workers’ Union L.I.U.N.A., Local 183 effective May 1, 1998 to April 30, 2001 and continuing.
(2) The Board declares that Select Concrete & Drain Inc. has violated the collective agreement by failing to make payments to the health, welfare and pension funds administered by the applicant for the months of January, February and March, 2001.
(3) The Board orders Select Concrete and Drain Inc. to pay to the applicant the amount of $42,728.44 as damages for the above violations forthwith.
- The Board notes that the responding party has agreed to maintain current status with regard to subsequent remittances that become due.
“Laura Trachuk”
for the Board