Ontario Labour Relations Board

File No.: 2262-01-G

Between: Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Repete Builders Services Ltd. and 1160288 Ontario Inc. c.o.b. as Veritas Construction, Responding Parties.

Before: John Morgan Lewis, Vice-Chair.

Decision of the Board: November 22, 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 entered into the following Memorandum of Agreement:

ONTARIO LABOUR RELATIONS BOARD

File No. 2262-01-G

BETWEEN:

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

Applicant,

• and -

Repete Builders Services Ltd. and 1160288 Ontario Inc. c.o.b. Veritas Construction,

Responding party.

MEMORANDUM OF AGREEMENT

Whereas the Applicant in this matter alleged that the Responding parties are bound to the collective agreement referred to in paragraph 1 below;

And whereas the Responding parties acknowledge that the are bound to this agreement;

Therefore the parties agree to settle this matter on the terms set out below and request the Board incorporate the following in a decision as a consent order.

1. A Declaration that the Responding parties are 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 an dJoiners of America.

2. A Declaration that the Responding parties have agreed to abide by the full terms and conditions of the above-mentioned collective agreement.

3. A Declaration that the Responding parties have violated the collective agreement mentioned above and in particular articles 4 and 5 thereof.

4. An order that the Responding parties will 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. An order that payment is to be made to the Applicant forthwith and that the Responding Parties are jointly and severally liable for such payment.

5. An order that the Responding Parties shall post a bond or certified cheque in the amount of $20,000.00 to be held in Trust by the Trustees for a period of 2 years in accordance with Article 9.10 of the above mentioned collective agreement.

Dated at Toronto this 20^th day of November, 2001.

"Peter Jeffery" "Paul Daly"

Signature for the Signature for the

Responding parties Repete Builder Applicant

Services Ltd. and 1160288 Ontario

Inc. c.o.b. Veritas Construction

Peter Jeffery Paul Daly

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 determination:

a) declares that Repete Builders Services Ltd. and 1160288 Ontario Inc. c.o.b. Veritas Construction ("Repete and Veritas") are bound to the collective agreement effective May 1, 2001 as between the Carpenters Employer Bargaining Agency and the Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners of America (the "collective agreement");

b) declares that the Repete and Veritas violated the collective agreement and in particular articles 4 and 5 thereof;

c) directs Repete and Veritas pay to the Applicant forthwith, as damages, the amount of $10,000.00 as full and final settlement for the above violations of the collective agreement;

d) directs Repete and Veritas to post a bond or certified cheque in the amount of $20,000.00 to be held in Trust by the Trustees for a period of 2 years in accordance with article 9.10 of the collective agreement.

"John Morgan Lewis"

for the Board