International Brotherhood of Electrical Workers, Local 353 v. MRM Electric Inc.
File No.: 2136-01-G Applicant: International Brotherhood of Electrical Workers, Local 353 Responding Party: MRM Electric Inc.
Before: Harry Freedman, Vice‑Chair Decision of the Board: November 14, 2001
Decision
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"). The Chair of the Board authorized me to sit alone to hear and determine this matter pursuant to section 110(14)(a) of the Act.
2Prior to the hearing in this matter the parties entered into the following Minutes of Settlement and Consent Order:
OLRB File No. 2136-01-G
International Brotherhood of Electrical Workers, Local 353, the Applicant,
‑ and ‑
MRM Electric Inc., the Responding Party.
MINUTES OF SETTLEMENT & CONSENT ORDER
Whereas the hearing of this grievance is scheduled on today’s date;
And whereas the parties have met and have resolved the issues in dispute;
Therefore, the parties agree as follows and request that the Board issue the following declarations and orders:
The Responding Party acknowledges that it owes $116,945.84 for contributions and remittances owing under the Principal Agreement, from May 2001 through October, 2001.
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 IBEW, and the IBEW CCO effective until April 30, 2004;
(ii) declare that the responding party has violated sections 8.9 and 10 of the master Portion of the Principal Agreement and Section 21 of the Applicant’s Appendix thereto;
(iii) order that the responding party pay damages to the applicant of $116,945.84 and order the responding party pay interest, as calculated under the Principal Agreement, from the date the payments were due for each month until the date of the Board’s decision and under the Courts of Justice Act after that date.
- Assuming the Board issues the declarations and orders herein, the applicant accepts these minutes in full and final settlement of the grievance.
Dated this 14th day of November, 2001.
“Michael J. Oram” For the Applicant
“M. MacDonald” For the Responding Party
3The parties in item 2 (iii) request an order that the “the responding party pay interest, as calculated under the Principal Agreement, from the date the payments were due for each month until the date of the Board’s decision” as well as an order requiring the responding party to pay interest as calculated under the Courts of Justice Act after the date of the Board’s decision. The parties have not indicated in the decision and order requested how much of the total sum owing was due each month between May 2001 and October 2001, nor have they indicated how interest is to be calculated under the “Principal Agreement”. Thus, it is impossible to determine from the terms of the order the parties requested the Board issue the actual amount that is to be paid by the responding party to the applicant as interest under the Principal Agreement.
4The Board in Triple-A-96-Electric Ltd., [1999] OLRB Rep. Jan./Feb. 111 commented upon the need for clarity and precision in Board orders. The Board, after discussing how Board orders are enforced, wrote at page 113:
Without a clear statement of either the amount of interest payable or a readily ascertainable formula for the calculation of interest being set out in the order, the obligation to pay an unspecified amount that is characterized as interest is, in our view, not capable of being enforced through the statutory mechanism contained in the Act for the enforcement of Board orders. The Board should not, in our opinion, issue orders that are not enforceable.
In this case, since the parties have agreed that the responding party must pay the applicant some amount of interest in relation to the period between the date of this decision and the date when payments were initially due the applicant, the Board will incorporate in a further Board order either the actual amount of interest payable to the applicant in respect of that period or a clear formula for the calculation of the amount of interest owing should the applicant, within 15 days of the date of this decision, request such an order and provide either the amount of interest or the formula and information required to calculate the amount of such interest.
5Having regard to the Minutes of Settlement and Consent Order, dated November 14, 2001, between the parties, filed, the Board:
(a) declares that responding party is bound to the Provincial Agreement between the Electrical contractors Association of Ontario and the IBEW and the IBEW CCO effective until April 30, 2004;
(b) declares that the responding party has violated sections 8.9 and 10 of the Master Portion of the Principal Agreement and Section 21 of the applicant’s Appendix;
(c) directs the responding party to pay forthwith to the applicant the sum of $116,945.81 together with interest calculated under the Courts of Justice Act from this date.
“Harry Freedman” for the Board