Labourers’ International Union of North America, Local 183 v. Osler Paving Ltd.
File No.: 3281-99-G Date: February 25, 2000
Before: David A. McKee, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
Appearances: Michael O’Brien for the applicant; no one appearing for the responding party.
DECISION OF THE BOARD
1This is an application for the referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995, S.O. 1995 ch.1 (the “Act”). The application was filed on February 8, 2000. The applicant certified that it had delivered the application and supporting documents required by rule 155 of the Board’s rules on the responding party by priority courier due to be delivered on February 9, 2000. The Board provided notice of the application and the hearing date by facsimile copier and by regular mail. The hearing was held on February 22, 2000. The responding party did not appear and the hearing commenced at 10:30 a.m. in its absence.
2The responding party did not file a Notice of Intent to Defend nor a Response. Accordingly, pursuant to rule 160 the Board deems the responding party to have accepted all of the facts set out in the application. In addition, the applicant provided further information and documentation described below. On this basis, the Board finds that the parties are bound to the collective agreement known as the “Independent Road Building Agreement”, effective May 1, 1998 to April 30, 2001 (the “Collective Agreement”). The Board further finds that the responding party has failed to pay some or all the remittances due to the various benefit funds as set out in the collective agreement for the months of October, November and December, 1999. This is contrary to Articles 15, 17, and 19 and Schedule ‘A’ of the Collective Agreement and the Board finds that the applicant has violated the Collective Agreement in not making the appropriate payments.
3The applicant filed with the application a copy of the statement filed by the responding party with the union’s benefit administrators indicating the hours worked in the month of November 1999 and the monies owing in respect of those hours under the relevant portions of the Collective Agreement. At the hearing, the applicant’s representative filed a copy of the same document prepared by the responding party in respect of hours worked and monies owed for December 1999. On the basis of the facts set out in the application, the total amounts due and owing in respect of the remittances owing is $124,184.15. Article 22.01 provides that interest at the rate of 2% per month, compounded monthly, is payable on all monies not paid in a timely fashion. The total interest payable under this article, as set out in the Schedule B-1 to the application, is $6,297.25.
4In addition, subsection 133 (14) provides:
- (14) The Board may order a party who participated in proceedings under this section but who was not in a position to participate on a day on which proceedings were scheduled to pay each of the other parties an amount not exceeding the fees paid by that party.
Pursuant to this subsection the Board orders the responding part to pay to the applicant an additional $749.00 in respect of filing fees paid.
5The Board orders that the responding party pay to the applicant $131,230.40, in trust for itself and for its members, forthwith.
“David A. McKee” for the Board