A. Reistetter

The union referred two grievances to the Ontario Labour Relations Board alleging that the employers violated the provincial collective agreement by refusing to pay a $70.00 per diem travel allowance to employees working in a designated geographic zone.

The employers argued that the allowance was only payable if employees incurred overnight accommodation expenses, and that they could require proof of actual expenses.

The Board held that the plain language of the collective agreement entitled employees to the allowance whenever they worked a day in the zone, regardless of whether they incurred accommodation expenses.

The agreement only permitted a reduction in the allowance if the employer and the union agreed.

The grievances were allowed.

The union filed a grievance alleging the employer breached the collective agreement by failing to hire seven individuals referred by the union.

The Board found the employer in breach and ordered compensation for lost wages and benefits.

The Board also considered whether the compensation award should include an interest component.

After reviewing arbitral jurisprudence, the Board concluded it had the implied authority to award interest to fully compensate the aggrieved employees for the loss of the use of their funds.

The Board ordered the employer to pay $5,435.28 in lost wages and $1,972.98 in interest.

The union filed a grievance and requested the Minister to appoint an arbitrator under section 45 of the Labour Relations Act.

Subsequently, the employer referred the same grievance to the Ontario Labour Relations Board under section 124.

The Minister referred the question of his authority to appoint an arbitrator to the Board.

The Board held that because the employer was entitled to refer the grievance under section 124, and because the Board's jurisdiction under section 124 was established before the Minister appointed an arbitrator under section 45, the Board had exclusive jurisdiction.

Furthermore, any conflict between the two sections is resolved by section 118, which provides that the construction industry provisions (section 124) prevail.