Ontario Labour Relations Board
0337-00-G United Brotherhood of Carpenters and Joiners of America, Local 1946, Applicant v. Build-Force Construction Ltd., Responding Party.
BEFORE: D. L. Gee, Vice-Chair.
APPEARANCES: Mike McCreary and Fritz Peterson for the applicant; no one appearing for the responding party.
DECISION OF THE BOARD; May 24, 2000
1This is the referral of a grievance to the Board pursuant to section 133 of the Labour Relations Act, 1995.
2Based on the uncontradicted evidence before it in this matter the Board is satisfied that responding party (the “employer”) is bound to the terms of the provincial collective agreement currently in effect between Carpenters Employer Bargaining Agency and the Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America.
3The Board is further satisfied that the employer has violated various provisions of that agreement including Article 9 thereof by failing to forward union dues and other required remittances in respect of work performed in the months of December, 1999 and February and March, 2000.
4Based on the uncontradicted evidence the Board is further satisfied that the damages arising from the employer’s breach of the collective agreement amount to $13,076.28. The employer is directed to pay $13,076.28 to the applicant as damages for its violation of the collective agreement forthwith. The Board is satisfied that the applicant has incurred $2,000.00 in costs in the course of prosecuting this grievance which it is entitled to recover pursuant to article 9.18 of the collective agreement. The employer is directed to pay $2,000.00 to the applicant as reimbursement to the applicant for costs incurred forthwith.
“D. L. Gee”
for the Board