Employer ordered to pay lost wages and trust fund contributions for hiring non-union workers.
The applicant union referred a grievance to the Ontario Labour Relations Board under section 112a of the Labour Relations Act, alleging the respondent employer violated the provincial agreement by hiring non-union construction labourers.
The Board previously found the employer in breach and directed the parties to determine compensation.
Following an audit, the union claimed compensation for lost wages, unpaid trust fund contributions, and legal fees.
The employer argued compensation should be limited to lost union dues.
The Board rejected the employer's argument, finding the union entitled to claim lost wages and trust fund contributions on behalf of its members who were deprived of work.
The Board ordered the employer to pay $8,916.91 in compensation but denied the claim for legal costs.
Labourers' International Union of North America, Local 506 v. Napev Construction Limited and General Contractors Section, Toronto Construction Association, 1980 CanLII 809