0982-99-G International Brotherhood of Painters and Allied Trades, Local 200 Applicant v. Paul Skov carrying on business as S. & S. Glass & Renovators, Responding Party.
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; March 22, 2000
1This is a referral of a grievance to arbitration under section 133 of the Labour Relations Act, 1995 (the "Act"). At the commencement of the hearing, counsel for the responding parties advised the Board that neither he nor his clients would be participating in the hearing of Board File No. 0982-99-G at which point they removed themselves from the hearing room. The refusal to participate pertains to the Board advising the parties it was declining to reconsider a decision dated January 6, 2000 in relation to an application under section 69 and subsection 1(4) of the Act (Board File No. 0977-99-R).
2Rule 45 of the Board's Rules of Procedure permits the Board to decide an application if a party fails to attend or to participate. Rule 45 is set out as follows:
- Where any person has been notified of a hearing or consultation in the way required by these Rules and fails to attend (in the case of an oral hearing or consultation) or to participate (in the case of an electronic hearing), the Board may decide the application without further notice to that person and without considering any document filed by that person.
3Further, paragraph 3 of the Board's Notice of Hearing (Form B-84) also advises the parties of the consequences if they fail to attend at the hearing. Paragraph 3 reads as follows:
IF YOU DO NOT ATTEND THE HEARING, THE BOARD MAY DECIDE THE APPLICATION WITHOUT FURTHER NOTICE TO YOU AND WITHOUT CONSIDERING ANY DOCUMENT FILED BY YOU.
4The Board proceeded in the absence of the responding parties. As a preliminary matter, the applicant requested leave of the Board to expand its grievance to include two additional job sites, which had not been identified in its grievance. The Board declined the applicant's request to expand its grievance and only heard evidence in relation to the project located at Building #18, Golden Rod Street, Tony's Pasture in Ottawa (the "project").
5The Board heard from Robert Desjardins, the Business Manager of the applicant. Mr. Desjardins testified that Paul Skov, carrying on business as S & S Glass & Renovators ("S. & S.") violated the collective agreement between the Architectural Glass & Metal Contractors Association et al and the International Brotherhood of Painters and Allied Trades and the Ontario Council of the International Brotherhood of Painters and Allied Trades et al (the "collective agreement") with respect to work being performed at the project. Mr. Desjardins further testified that S&S employed non-union individuals to perform work at the project falling within the scope of the collective agreement. Mr. Desjardins also testified that the applicant had members who were available, willing and able to perform the work during the time the project was ongoing. Mr. Desjardins attended at the project and estimated that it would have taken four journeymen glaziers 160 hours to perform the work for a total of 640 hours. Applying the terms of the collective agreement, this amounts to $19,180.78 in damages arising from the violations of the collective agreement.
6Having regard to the Board's decision of January 6, 2000, the Board declares that S. & S. is bound to the collective agreement.
7Upon considering the evidence of Mr. Desjardins and the submissions of counsel, the Board hereby:
(a) declares that S & S violated the collective agreement at the project;
(b) orders S & S to pay to the applicant the sum of $19,180.87 forthwith.
"John Morgan Lewis"
for the Board