Default judgment granted against employer for subcontracting work in violation of collective agreement.
The applicant referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding party violated the collective agreement by subcontracting work to a non-union company.
The responding party failed to file a Request for Hearing and 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 responding party bound by the collective agreement, declared it in violation for subcontracting the work, 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 18564