The applicant union referred a grievance to the Ontario Labour Relations Board against Parent Masonry Limited for failing to remit welfare payments, union dues, and other required payments under two collective agreements.
The union also sought to hold the Masonry Contractors' Association of Toronto Inc. liable for the default under a guarantee clause in the agreements.
The Board found that Parent Masonry Limited violated the agreements and ordered it to pay $55,629.63.
However, the Board dismissed the claim against the Association, finding that the union failed to satisfy the condition precedent of exhausting all ways and means of collection, including the mechanics lien remedy, in a timely manner before seeking to enforce the guarantee.