[1987] OLRB Rep. September 1131
0341-87-G International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Lodge 128, Applicant v. Catalyst Technology (Canada) Ltd., Respondent v. Boilermaker Contractors' Association, Intervener
BEFORE: Robert D. Howe, Vice-Chair, and Board Members G. 0. Shamanski and D. A. Patterson.
APPEARANCES: A. J. Ahee, I. Malloney and S. Petronski for the applicant; R. C. Filion, R. V. Eikner and J. R. Moses for the respondent; R. C. Filion, J. W. Schel and M. Sanderson for the intervener.
DECISION OF THE BOARD; September 28, 1987
The style of cause of this application is amended to add "Boilermaker Contractors' Association" as an intervener.
In a decision (reported in [1987] OLRB Rep. June 803) dated June 5, 1987, regarding this referral of a grievance to the Board for final and binding determination under section 124 of the Labour Relations Act, this panel of the Board wrote, in part, as follows (in paragraph 15):
For the foregoing reasons, the Board, pursuant to section 124 of the Labour Relations Act, hereby makes the following determination:
(1) the respondent is, and was at all material times, bound by the collective agreement dated November 1, 1986 between the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, and the Boilermaker Contractors' Association;
(2) the respondent violated Article 4:01 of that collective agreement by employing persons who were not members of the Union, and who were not hired through the Union offices, to perform the work of discharging and loading of catalyst on the Suncor Project in Sarnia during the period from April24 to May 8, 1987; and
(3) the respondent shall forthwith pay to the applicant in trust (for distribution to its members who, as a result of the respondent's violation of Article 4:01 of the collective agreement, were wrongfully denied an opportunity to perform the aforementioned work for the respondent, and to the pertinent funds, including the Union's National Health and Welfare Fund, National Pension Fund, Educational Training Fund, and Apprenticeship Fund) the sum of $124,176.96.
The matter was subsequently listed for hearing before this panel of the Board on September 28, 1987, for the purpose of hearing the evidence and representations of the parties with respect to a request by the intervener and the respondent that the Board reconsider that decision. At that hearing, we reconsidered and revoked our June 5, 1987 decision, pursuant to section 106(1) of the Act, on the ground that the intervener had not received notice of the May 20, 1987 hearing which gave rise to that decision. That reconsideration and revocation is hereby confirmed.
At the September 28, 1987 reconsideration hearing, counsel for the applicant undertook to assist counsel for the respondent in whatever way he could to have released to the respondent the monies of which it has been deprived as a result of steps that have been taken to enforce the June 5, 1987 decision.
The matter is referred to the Registrar to be listed for hearing de novo before another panel of the Board on dates to be fixed by the Registrar in consultation with the parties.