Brick and Allied Craft Union of Canada v. Durie Tile and Marble Ltd.
File No.: 2642-99-G Date: February 28, 2000
Applicant: Brick and Allied Craft Union of Canada (the Brick Employee Bargaining Agency, formerly Ontario Provincial Conference of International Union of Brick and Allied Craftsmen) Responding Party: Durie Tile and Marble Ltd.
Before: M. A. Nairn, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD
1Further to the Board’s decision dated February 11, 2000 we are in receipt of certain materials from the applicant regarding the correct name of the responding party. We note that this material has not been forwarded to the responding party for comments as the named responding party has chosen not to participate in these proceedings. A failure to file a response and the failure to attend the hearing on February 3, 2000 entitles the Board, pursuant to Rules 28,40, 41and 45, to determine the matter without further notice to the responding party.
2In the decision dated February 11, 2000 the Board noted at paragraph 4 that the name of the responding party did not conform to the name of the entity listed in the collective agreement relied on. The Board asked for the applicant’s position and any supporting documentation in that regard. We are now in receipt of a recent Corporation Profile Report for “Durie Tile & Marble Ltd.” That document shows that on April 22, 1988 “Durie Tile & Terrazzo Limited” changed its name to “Durie Tile & Marble Ltd.”. “Durie Tile & Terrazzo Limited” is named in the Appendix to the collective agreement as a member of the Terrazzo, Tile and Marble Guild of Ontario Inc. on whose behalf the Guild has negotiated the collective agreement. In addition the applicant relies on a memorandum of agreement between “Durie Tile & Marble Ltd.” and Local 7 of the International Union of Bricklayers and Allied Craftsmen, dated November 30, 1998, wherein Michael Durie agrees that “Durie Tile & Marble Ltd.” is bound to the provincial collective agreement negotiated by the Terrazzo, Tile & Marble Guild of Ontario Inc.
3On the basis of the material before us, we are satisfied that:
a) the correct name of the responding party is “Durie Tile & Marble Ltd.”.
b) Durie Tile & Marble Ltd. is bound to the collective agreement between the Brick and Allied Craft Union of Canada/BAC-Canada and the Terrazzo, Tile & Marble Guild of Ontario Inc., effective until April 30, 2001 (the “collective agreement”).
c) based on the evidence we received at the hearing on February 3, 2000 and having regard to the material now before us, Durie Tile & Marble Ltd. violated that collective agreement by failing to pay the proper remittances. More particularly, a cheque was submitted in respect of the period August to October 1999 in the amount of $9448.56. That cheque was not negotiated at the behest of Michael Durie and therefore the remittances for that period remain outstanding. We therefore order Durie Tile & Marble Ltd. to forthwith pay to the Brick and Allied Craft Union of Canada damages in the amount of $9448.56.
4These interim findings are in addition to those set out in the Board’s decision dated February 11, 2000. The directions and orders set out in that earlier decision remain in effect. As noted, this matter is scheduled for hearing on March 13, 2000 and, given scheduling contingencies, this panel is not seized.
“M. A . Nairn”
for the Board