International Union of Operating Engineers, Local 793 v. 1408026 Ontario Inc., 2001 CanLII 7172

0626-01-G International Union of Operating Engineers, Local 793, Applicant v. 1408026 Ontario Inc., Responding Party.

BEFORE: Harry Freedman, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.

DECISION OF THE BOARD; June 1, 2001

1. 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").

2. Prior to the hearing in this matter the parties entered into the following Memorandum of Settlement:

MEMORANDUM OF SETTLEMENT

Ontario Labour Relations Board File No. 0626-01-G

BETWEEN:

International Union of Operating Engineers, Local 793,

Applicant,

‑ and ‑

1408026 Ontario Inc.,

Responding Party.

The above-mentioned parties agreed agree with each other as follows and request that the Board incorporate the following in a decision as a consent order.

1. A Declaration that the Responding Party is bound by the H.A.N.D. Collective Agreement effective May 1998 and expiring June 30, 2001 and any renewals thereof;

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;

4. An order that the Responding Party will pay forthwith to the Applicant as damages the amount of $13,064.93, as full and final settlement for the above violations of the Collective Agreement.

Dated at Hamilton, Ont. this 29th day of May, 2001.

“William H. Robinson” “Bob Tytko”

For the Responding Party For the Applicant

3. Having regard to the Memorandum of Settlement, dated May 29, 2001, between the parties, filed, the Board:

(a) declares that the responding party is bound by the Independent H.A.N.D. Collective Agreement between 1408026 Ontario Inc. and the applicant dated February 12, 2001 (the “Collective Agreement”) and any renewals thereof;

(b) declares that the responding party has agreed to abide by the terms and conditions of the Collective Agreement;

(c) declares that the responding party has violated the Collective Agreement;

(d) directs the responding party to pay forthwith to the applicant the sum of $13,064.93.

“Harry Freedman”

for the Board