Carpenters & Allied Workers Local 27 v. G.S. Wark Ltd.

2379-01-G Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America and Ontario Regional Council of Carpenters, United Brotherhood of Carpenters and Joiners of America, Applicant v. G.S. Wark Ltd. Responding Party v. Construction Workers Local 6 affiliated with Christian Labour Association of Canada, Intervenor.

BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. G. Knight and A. Haward.

APPEARANCES: Harold F. Caley and Paul Daly for the applicant; Stephen McMarthur for the responding party; Andrew Regnerus for the intervenor.

DECISION OF THE BOARD; December 11, 2001

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 to the grievance entered into the following Memorandum of Agreement:

ONTARIO LABOUR RELATIONS BOARD

File No. 2379-01-G

BETWEEN:

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America,

Applicant

• and -

G.S. Wark Ltd.

Responding Party

MEMORANDUM OF AGREEMENT

WHEREAS the Applicant in this matter alleges that the Responding Party is bound to the collective agreement referred to in paragraph 1 below; and further alleges that the Responding Party violated this collective agreement;

AND WHEREAS the Responding Pary acknowledges that it is bound to this collective agreement;

THEREFORE the parties agree to settle this grievance on the terms set out below and request that the Board incorporate the following paragraphs in a decision as a consent order:

1. A Declaration that the Responding Party is bound by and subject to the collective agreement between the Carpenters’ Employer Bargaining Agency (E.B.A.) and the Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America (C.D.C.) effective June 11, 2001 to April 30, 2004.

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 above-mentioned collective agreement, and in particular Articles 4 and 5 thereof.

4. An Order that the Responding Party pay to the Applicant, as damages, the amount of $10,000.00 as full and final settlement for the above violations of the collective agreement.

5. An Order that the payment referred to in paragraph 4 is to be made to the Applicant within 14 days of the date of this Agreement.

Dated at Toronto this 7^th day of December, 2001.

“Paul Daly” “George W. Wark”

Signature for the Applicant Signature for the

Responding Party

Paul Daly, Business Representative George W. Wark, President

Print name and title Print name and title

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 declarations and orders:

4. The Board declares that the Responding Party is bound by and subject to the collective agreement between the Carpenters’ Employer Bargaining Agency (E.B.A.) and the Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America (C.D.C.) effective June 11, 2001 to April 30, 2004;

5. The Board declares that the Responding Party has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement;

6. The Board declares that the Responding Party has violated the above-mentioned collective agreement, and in particular Articles 4 and 5 thereof;

7. The Board orders the Responding Party to pay to the Applicant, as damages, the amount of $10,000.00 as full and final settlement for the above violations of the collective agreement;

8. The Board orders that the payment referred to in paragraph 4 is to be made to the Applicant within 14 days of the date of this Agreement.

“Caroline Rowan”

for the Board