Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. General Commercial Construction Inc.
File No.: 2326-01-G Date: December 7, 2001
Before: D. L. Gee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD
1The 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.
2Prior to the hearing in this matter the parties entered into a Memorandum of Agreement dated November 27, 2001.
3Having regard to the Memorandum of Agreement, to the material before it and pursuant to section 133 of the Labour Relations Act, 1995, the Board makes the following declarations and directions:
The Board declares that General Commercial Construction Inc. 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.
The Board declares that General Commercial Construction Inc. has violated the collective agreement mentioned above and in particular Article 4 thereof.
The Board orders that General Commercial Construction Inc. shall pay to the applicant, as damages for the above violations of the collective agreement, the amount of $10,000.00.
4The Board orders that payment of $10,000.00 is to be made to the applicant as follows:
on or before December 1, 2001 $1,000.00
on or before February 1, 2002 $1,500.00
on or before March 1, 2002 $1,000.00
on or before April 1, 2002 $1,500.00
on or before May 1, 2002 $2,000.00
on or before June 1, 2002 $3,000.00
5The Board orders that should General Commercial Construction Inc. fail to make any of the payments referred to above in strict accordance with the above schedule, the remaining balance of the $10,000.00 then outstanding shall immediately become payable forthwith.
“D. L. Gee”
for the Board