2345-01-G International Brotherhood of Electrical Workers, Local 353, Applicant v. Triple A Electric & Mechanical Corporation, Responding Party.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; December 13, 2001
This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended ("the Act"). The Alternate Chair of the Board authorized me to sit alone to hear and determine this matter pursuant to section 110(14)(a) of the Act.
Prior to the hearing in this matter the parties, with the assistance of a Labour Relations Officer, entered into the following Minutes of Settlement and Consent Order:
OLRB File No. #2345-01-G
International Brotherhood of Electrical Workers
Local 353,
-the Applicant,
- and -
Triple A Electric & Mechanical Corporation,
-the Responding Party.
MINUTES OF SETTLEMENT AND CONSENT ORDER
Whereas the hearing of this grievance is scheduled on today’s date;
And whereas the responding party has been served with a summons to Witness and has produced the documents required under the Summons;
And whereas the parties have met and resolved the issues in dispute between them;
Therefore, the parties agree as follows and request that the Board issue the declarations and orders described herein:
The responding party acknowledges and admits that it violated the Principal Agreement by failing to make monthly remittances from June, 2001, to the present.
The Responding party admits that the amount owing for that violation is $78,084.37, such amount calculated as follows:
$15,238.72 due July 20, 2001
17,694.01 due Aug. 20, 2001
19,599.18 due Sept. 20, 2001
13,689.45 due Oct. 20, 2001
11,863.01 due Nov. 20, 2001
Plus interest calculated under the applicant’s Appendix to the Principal Agreement.
- The parties request that the Board do the following:
(i) declare that the responding party is bound to the Principal Agreement between the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario effective until April 30, 2004, (“the Principal Agreement”) and the Applicant’s Low Rise Residential Agreement;
(ii) declare that the responding party has violated sections 8, 9 and 10 of the Principal Agreement;
(iii) declare that the principal amount owing for those violations is $78,084.37;
(iv) order that the responding party pay the damages described in sub-paragraph 3(iii) by three post-dated cheques of $26,028.12 each, dated January 30, 2002, February 28, 2002 and March 30, 2002 and delivered to the applicant’s offices by no later than the close of business on December 13, 2001, and
order that, should the responding party fail to deliver the cheques or fail to honour the payments pursuant to the above schedule the entire balance owing on the date of that default becomes immediately due and payable to the applicant and subject to immediate collection proceedings;
(v) order that the responding party pay interest under clause 1001(b) of the applicant’s Appendix in the Principal Agreement, i.e., calculated as .08¢ for each hundred dollars outstanding from each of the due dates described in paragraph 2 until the date of this decision, and under the Courts of Justice Act thereafter; and
(vi) order that the responding party pay the interest amount described in sub-paragraph 3(v) by no later than April 30, 2002.
The responding party recognizes that the agreements reached herein do not release him from his obligation to make monthly remittances on the dates required in the Principal Agreement.
Provided the Board makes the declarations and orders herein, the applicant accepts these Minutes in full and final settlement of the grievance for overdue remittances. The parties agree the Minutes do not resolve any disputes regarding underpayment of wages and remittances and the parties agree to discuss those disputes further and the applicant can grieve, if necessary.
Dated at Toronto this 11th day of December, 2001.
“M. J. Oram” “A. A. Alexandro”
For the Applicant For the Responding Party
- Having regard to the Minutes of Settlement and Consent Order dated December 11, 2001, between the parties, filed, the Board:
(a) declares that the responding party is bound to the Principal Agreement between the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario effective until April 30, 2004 (the “Principal Agreement”) and the applicant’s Low Rise Residential Agreement;
(b) declares that the responding party has violated sections 8, 9 and 10 of the Principal Agreement;
(c) declares that the principal amount owing by the responding party to the applicant by reason of those violations is $78,084.37;
(d) orders the responding party to pay to the applicant the principal amount described in paragraph (c) above by three post-dated cheques in the amount of $26,028.12 each dated January 30, 2002, February 28, 2002 and March 30, 2002 respectively;
(e) orders the responding party to deliver the said post dated cheques to the applicant’s offices by no later than close of business on December 13, 2001
(f) orders the responding party to pay forthwith to the applicant the entire balance owing should it either fail to deliver the cheques or fail to honour the cheques in accordance with paragraphs (d) and (e) above;
(g) orders the responding party to pay to the applicant no later than April 30, 2002 interest under clause 1001(b) of the applicant’s Appendix to the Principal Agreement calculated as $0.08 per day for each hundred dollars outstanding from each of the due dates described in paragraph 2 of the Minutes of Settlement and Consent Order; that is:
$15,238.72 due July 20, 2001
17,694.01 due Aug. 20, 2001
19,599.18 due Sept. 20, 2001
13,689.45 due Oct. 20, 2001
11,863.01 due Nov. 20, 2001
up to the date of this decision and as calculated in accordance with the Courts of Justice Act from the date of this decision until payment;
(h) declares that the agreement and declarations described herein do not release the responding party from its obligation to make monthly remittances to the applicant on the dates required in the Principal Agreement.
“Harry Freedman”
for the Board