3433-99-G The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46, Applicant v. Associated Mechanical Trades Inc., Responding Party.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; March 8, 2000
This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995 (the “Act”). The referral was made on February 23, 2000. The accompanying Certificate of Delivery (Form A-86) states the responding party was served on February 22, 2000 by delivering a copy of the necessary documents required by Rule 155 of the Board’s Rules of Procedure to the responding party by Purolator Courier on February 22, 2000 with assurances that it would be delivered to the responding party not later than noon on February 23, 2000. The Registrar faxed a Confirmation of Filing of a Referral of Grievance to Arbitration (Form B-67) to the fax number provided for the responding party in the application, 905-669-4148 on February 24, 2000.
In paragraph 8 of Form A-86 the applicant requests the Board determine this referral without a hearing if the responding party fails to file a Request for Hearing and Notice of Intent to Defend/Participate.
As of the date of this decision the responding party has not filed a Request for Hearing. Form B-67 puts the responding party on notice that the Board may decide this referral without a hearing and without further notice to the defaulting party.
The applicant requests a total payment of $3,310.69 plus the cost of the filing fee ($214.00) pursuant to section 133(13) of the Act.
The applicant provided the Board with a copy of the applicable collective agreement but does not refer the Board to the relevant articles under which it claims the late payment damages and claims what appears to be 2% per month interest on the late payment damages.
The grievance letter dated December 23, 1999 asks for late payment damages of $3,183.36 because the remittances of $31,833.57 due November 20, 1999 were paid late on December 6, 1999. That letter makes no reference to the specific article(s) of the collective agreement.
It is not the Board’s function to search out the relevant articles of the collective agreement in order to issue a default judgement. If the applicant does not provide the necessary information this matter will proceed as scheduled.
This panel of the Board remains seized for the purpose of dealing with any responses received prior to the scheduled hearing in this matter.
“Inge M. Stamp”
for the Board