1209-00-G Labourers’ International Union of North America, Local 837, Applicant v. Con-Ker Construction, Responding Party.
BEFORE: D. L. Gee, Vice-Chair, and Board Members J. G. Knight and A. Haward.
APPEARANCES: Elizabeth Mitchell and Nick Scibetta for the applicant; no one appearing on behalf of the responding party.
DECISION OF THE BOARD; August 25, 2000
1This matter is a referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”).
2The responding party was provided with notice of the hearing but failed to attend.
3On the basis of the evidence of Nick Scibetta, representative of the applicant, we are satisfied that the responding party is bound to a collective agreement with Labourers’ International Union of North America, Local 837, Hamilton, Ontario (the “HAND Agreement”) and failed to employ union members on the New Street, Burlington project commencing on May 1, 2000 and continuing to date in violation of the HAND Agreement. As a result of failing to employ members of the applicant on the New Street, Burlington site, members of the applicant were denied 280 hours of work. Damages arising from the responding party’s violation of the HAND Agreement amount to $8,349.60. In addition, the applicant has paid $747.00 in fees in connection with the filing and hearing of the instant matter which it is entitled to recover pursuant to section 133(13) of the Act
4On the basis of the foregoing, the Board hereby orders the responding party to forthwith pay to the applicant the sum of $9,096.60 in damages and costs.
“D. L. Gee”
for the Board