2650-99-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Simplex Drywall Limited, Responding Party.
BEFORE: Christopher J. Albertyn, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
APPEARANCES: Mike McCreary and Luigi Caringi for the applicant; Zeljko Lulic for the responding party.
DECISION OF THE BOARD; January 14, 2000
This is a grievance in the construction industry filed pursuant to the provisions of section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1, as amended (“the Act”).
Although there was no appearance by the responding party, its principal, Mr. Zeljko Lulic, was present at the hearing, under subpoena by the applicant. He testified that the responding party had entered into a voluntary collective agreement with the applicant in terms of which the responding party agreed to be bound by the Provincial Collective Agreement between The Carpenters’ Employer Bargaining Agency and The Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America (“the provincial collective agreement”) and the Residential Agreement between the Interior Systems Contractors Association of Ontario and Drywall Acoustic Lathing and Insulation, Local 675 (“the ISCA collective agreement”). Mr. Lulic admitted that the responding party had violated both collective agreements by failing to pay contributions, benefits, association payments, trust payments and training payments, other than in respect of one employee, as provided under those agreements.
Article 9.17 of the provincial collective agreement provides:
9.17 In the event that a grievance alleging that an employer has failed to make the proper payments to any Trust fund or party as required by this Agreement, the parties agree that for the purposes of determining any issue, the following presumption shall apply:
A statement signed by a member of the Union, a business representative, a trustee or the administrator of a trust fund, shall be prima facie evidence of the number of hours worked by members of the Union, and of a failure to make the appropriate payments as required by this Agreement. This evidence shall establish only a rebuttable presumption and may be challenged by the employer with proper documentary evidence.
A statement, as contemplated in Article 9.17, was provided by the applicant and confirmed in evidence by Mr. Luigi Caringi, the applicant’s business agent. That statement revealed that the sum of $19,803.00 is due by the responding party to the various trust funds described in the collective agreements. Mr. Caringi undertook that amounts received by the responding party in respect of this grievance would be paid into the trust funds for the credit of the employees concerned.
In light of the above, we made the following declarations and orders:
a) the responding party is bound by the provincial collective agreement and by the ISCA collective agreement;
b) the responding party has violated the said agreements;
c) the responding party shall desist from any further violation of the said agreements;
d) the responding party shall pay the sum of $19,803.00 to the applicant in respect of arrear amounts due to the various trust funds provided for in the said agreements, which sum shall be for the credit of the employees in respect of whom the arrears are due, as named in the applicant’s monthly reports;
e) the responding party shall be credited for the one employee in respect of whom it has made the appropriate payments;
f) the responding party shall pay the sum of $1,350.00 in respect of the applicant’s reasonable costs in pursuing this grievance.
“Christopher J. Albertyn”
for the Board