Employer ordered to pay damages for subcontracting violation after failing to respond to grievance referral.
The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employer violated the collective agreement by subcontracting work to a non-union company.
The responding party failed to file a response or notice of intent to defend.
Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.
The Board found the employer violated the collective agreement and ordered it to pay damages and costs.
International Association of Bridge, Structural, Ornamental and Reinforcing Iron workers, Local 721 v. Internorth Construction Co. Ltd., 2001 CanLII 18263