Universal Workers’ Union, L.I.U.N.A., Local 183 v. 675602 Ontario Ltd.
File No.: 2067-00-G Date: October 30, 2000
Before: D. L. Gee, Vice-Chair, and Board Members G. Pickell and A. Haward.
Appearances: Michael O’Brien for the applicant; no one appearing on behalf of the responding party.
DECISION OF THE BOARD
1This is a referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”).
2By decision dated October 24, 2000, the Board noted that the applicant had served the responding party with the grievance referral after filing such with the Board contrary to the Board’s Rules of Procedure. The Board indicated that the applicant would have to attend at the hearing and speak to the issue of whether the Board ought to exercise its discretion under Rule 44 to relieve against the strict application of its Rules prior to having the application dealt with on its merits.
3A hearing was held with respect to this matter on October 26, 2000. As of the time of the hearing, the responding party had not filed a notice of intent to defend or a response. The responding party was provided with notice of the hearing but did not attend. Having regard to the fact that any prejudice to the responding party by the late delivery of the grievance referral had been cured by the matter proceeding to a hearing and the responding party’s non attendance at the hearing, the Board ruled that it would exercise its discretion under Rule 44 and relieve against the strict application of its Rules.
4On the basis of the evidence of Michael O’Brien and the documentary evidence filed with the Board, the Board is satisfied that the responding party is bound to the collective agreement between the Residential Low Rise Forming Contractors’ Association of Metropolitan Toronto and Vicinity and Labourers’ International Union of North America, Local 183. The Board is further satisfied that the responding party failed to make timely remittances to the applicant for benefit contributions owing for the month of July, 2000 and has failed to make any remittances for contributions owing for the months of August and September, 2000. Article 7.05 of the collective agreement provides that interest at the rate of two percent per month shall be charged from the due date on outstanding contributions. Based on the amount of remittances made by the responding party for the month of July, 2000, the applicant assesses the amount of remittances and interest owing to it for the late payment of the July remittances and the non-payment of August and September remittances to be $45,311.44. In addition, the responding party is in arrears for remittances owing prior to July, 2000 in the amount of $4,609.26.
5On the basis of the foregoing, the Board hereby directs the responding party to pay to the applicant $49,920.70 forthwith.
“D. L. Gee”
for the Board