1146-01-G International Brotherhood of Electrical Workers, Local 1739, Applicant v. Brad Holden c.o.b. as Holden Electric, Responding Party v. Neil Tune, Intervenor.

BEFORE: Harry Freedman, Vice‑Chair, and Board Members G. Pickell and A. Haward.

DECISION OF THE BOARD; August 30, 2001

1This 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").

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

OLRB File No.: 1146-01-G

BETWEEN:

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1739

Applicant

• and -

BRAD HOLDEN c.o.b. as HOLDEN ELECTRIC

Responding Party

MINUTES OF SETTLEMENT AND CONSENT ORDER

WHEREAS the hearing of this grievance is scheduled before the Ontario Labour Relations Board on August 17, 2001;

AND WHEREAS the parties have met and have resolved the issues in dispute between them;

THEREFORE the parties agrees as follows and request that the Board make the declarations and orders contained herein:

1. The Responding Party acknowledges that he signed a Voluntary Recognition Agreement with the Applicant in 1999 with the intention of requesting and employing electricians and electrical apprentices from the hiring hall and, in fact, subsequently employed at least one member of the Applicant. The Applicant agrees to dispatch any electricians or apprentices required to the Responding Party when requested.

2. Mr. Brad Holden shall reinstate himself as a member in good standing of the Applicant by paying any and all outstanding Union dues owing on his own behalf, including dues owing for September 30, 2001, such arrears to be paid to the Applicant by no later than September 1, 2001, and shall subsequently maintain his status with the Union. Upon payment of the outstanding amounts, the Applicant shall reinstate Holden as a member.

3. The Responding Party acknowledges that it has employed Neil Tune, who is not a member of the applicant, as a first-year apprentice, in contravention of the Principal Agreement.

4. The parties agree that, as a condition of continued employment by the Responding Party, Tune must become a member of the Applicant. The Applicant shall admit Tune as a member provided he applies for membership by no later than September 30, 2001, and meets the normal requirements and qualifications. If Tune does not presently have the necessary qualifications, the Applicant shall admit him if he produces evidence by September 30, 2001, that he is actively engaged in an up-grading course designed to assist him in becoming qualified.

5. The parties request that the Board do the following:

(i) declare that the Responding Party is bound to the Principal Agreement between 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;

(ii) declare that the Responding Party has violated the Union security provisions, sections 5 and 7, of the Principal Agreement;

(iii) order that the damages for the breaches of the Principal Agreement are $15,000.00;

(iv) order that the damages of $15,000.00 become payable to the Applicant by the Responding Party only if the Applicant grieves in future for a new violation of the Union security provisions of the Principal Agreement and successfully establishes such a future breach. Should the breach be established in a future grievance, then the damages ordered herein become due and payable forthwith by the Responding Party to the Applicant in addition to any damages arising from that future violation.

6. Provided the Board issues the declarations and orders contained herein-in, the Applicant accepts the terms and conditions described herein in full and final resolution of all issues between itself and the Responding Party arising prior to the date hereof.

DATED AT BARRIE this 15^th day of August , 2001

Brad Holden Tom Leduc

c.o.b. as Holden Electric IBEW Local 1739

Tom Leduc

3Having regard to the Memorandum of Agreement, dated August 15, 2001, between the parties, filed, the Board:

(a) declares that Brad Holden c.o.b. as Holden Electric is bound to the Provincial Agreement between 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;

(b) declares that Brad Holden c.o.b. as Holden Electric has agreed to abide by the terms and conditions of the Provincial Agreement;

(c) declares that Brad Holden c.o.b. as Holden Electric has violated sections 5 and 7 of the Provincial Agreement;

(d) directs Brad Holden c.o.b. as Holden Electric to pay forthwith to the applicant the sum of $15,000.00 upon the applicant grieving and establishing that Brad Holden c.o.b. as Holden Electric breached the union security provisions of the Principal Agreement after August 15, 2001.

"Harry Freedman"

for the Board