0063-00-G; 0450-00-G; 0773-00-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Simplex Drywall Limited, Responding Party.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
APPEARANCES: James Robbins, Gloria Baggio and Luigi Caringi for the applicant; Zeljko Lulic for the responding party.
DECISION OF THE BOARD; June 26, 2000
1These are Referrals of Grievance to Arbitration pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”).
2These matters were scheduled for hearing on June 23, 2000. The responding party failed to file a “Request for Hearing and Notice of Intent to Defend/Participate” as required by the Board’s Rules of Procedure. The responding party did not make the required payment in order to participate as a party at the hearing before the Board. Mr. Zeljko Lulic, the principal of the responding company, attended at the hearing pursuant to an arrest warrant which was issued after Mr. Lulic ignored a summons to witness requiring him to attend at a previous hearing.
3Mr. Lulic was not taken into custody since he gave Constable Sullivan his undertaking to appear at the hearing on June 23, 2000 and bring with him the documents listed in the subpoena. Mr. Lulic appeared at the hearing without counsel.
4Mr. Lulic did bring some documents to the hearing but they fell far short of the materials required in the subpoena. At the request of Mr. Lulic, counsel for the applicant had a telephone discussion with Mr. Charles Wagman, counsel for the responding party. Counsel for the applicant advised the Board that Mr. Wagman undertook to make the documents requested in the subpoena available at his office and to copy documents requested by the applicant, on Monday June 26, 2000.
5Mr. Lulic agreed at the hearing that Simplex Drywall Limited was bound to the ICI agreement with the applicant. Mr. Lulic agreed he had violated the collective agreement by failing to make the required deductions and contributions to the various benefit plans. There is no agreement as to the amount of money owing to the benefit plans. There is a dispute as to which of the applicant’s members were employed and for how long.
6The three grievances cover the periods of December, 1999 and January to April 2000. Mr. Lulic stated he worked on only one jobsite since December 1999, the Colossus project at Highway 7 and Weston Road. The general contractor on site is Zinc. The applicant does not agree with this statement.
7These matters are rescheduled for hearing on Friday, June 30^th^, 2000 commencing at 9:30 a.m., in the “Board Room”, 2^nd^ Floor, 505 University Avenue, Toronto, Ontario.
8This panel is not seized.
9If these matters are resolved after the applicant has had an opportunity to review the documents on Monday, the applicant is directed to advise the Registrar and the hearing will be cancelled.
“Inge M. Stamp”
for the Board