2547-99-G The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46, Applicant v. Marli Mechanical Limited, Responding Party.
BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and A. Haward.
APPEARANCES: L. Arnold and D. McBride for the applicant; no one appearing for the responding party.
DECISION OF THE BOARD; January 4, 2000
1This is an application for the referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995, S.O. 1995 ch.1 (the “Act”). The applicant, as required by the Board’s Rules, served the application on the responding party. The Registrar sent a confirmation of filing and notice of hearing to the responding party. The responding party failed to file a notice of intent to defend and did not appear at the hearing. Pursuant to Rule 161, we deemed all of the facts asserted in the application to be accepted as true by the responding party and proceeded to hear the union’s evidence with respect to the origin of bargaining rights and damages.
2In this case, we were satisfied that the documents filed by the applicant were either conclusive proof that the responding party was bound to the collective agreement, or alternatively were documents which supported a reasonable inference, particularly in the context of the lack of response by the responding party, that the responding party was bound to the relevant collective agreement. We therefore find that the responding party is bound to the Collective Agreement between the applicant and the Metropolitan Plumbing and Heating Contractors Association (an accredited bargaining agency) effective October 15, 1998 to April 30, 2001.
3Pursuant to the terms of this agreement, the employer is obliged to remit to the administrator of the various union and employee benefit trust funds the amounts of employee deductions and employer contributions by the 20th day of the month following the month in which the hours were worked. Article 16.01 provides that if such payments are not received by the 30th day of the month, interest at the rate of 10% will be payable by the employer to the Trustees of the trust funds. If the employer remains in default for an additional 30 days, a further 2% is payable.
4In this case, we find that the employer has breached the Collective Agreement by paying the employee deductions and employer contributions later than the last date specified in the collective agreement. On the basis of the evidence heard and the submissions of counsel, we find that the damages owing by the responding party to the applicant are $3,113.58.
5The responding party is ordered to pay to the applicant the sum of $3,113.58 forthwith.
“David A. McKee”
for the Board