Ontario Labour Relations Board
3143-99-G The Ontario Council of the International Union of Painters and Allied Trades (formerly known as The International Brotherhood of Painters and Allied Trades), Glaziers Local 200, Applicant v. 1197413 Ontario Ltd. c.o.b. as Preston and Lieff Glass, Responding Party.
BEFORE: David A. McKee, Vice-Chair.
APPEARANCES: J. Russo and R. Desjardins for the applicant; no one for the responding party.
DECISION OF THE BOARD; February 9, 2000
1This is an application for arbitration of a grievance pursuant to section 133 of the Labour Relations Act, 1995, S.O. 1995 ch.1 (the “Act”). On the day set for hearing of this matter, February 8, 2000, the applicant appeared but the responding party did not. The Board waited its customary half-hour and commenced the hearing in the absence of the responding party at 10:00 a.m.
2In a decision by a differently constituted panel of this Board dated February 3, 2000 the Board found the responding party to be in breach of the collective agreement between it and the applicant. The purpose of this hearing was to assess the damages arising from this breach.
3Robert Desjardins, business manager of the applicant, identified the amounts owing to or on behalf of five employees. The information was drawn from Statements of Earnings issued to the employees with their pay cheques which indicated the total number of hours worked. On the basis of this evidence, the Board finds that the employer has failed to pay to two of the employees monies owing in respect of overtime pay, to make the appropriate remittances to benefit funds as required under the collective agreement for all five employees, and has deducted from their wages, but not remitted to the union, monies owing for union dues and administration dues. The total amounts owing are $29,920.38.
4The applicant has also asked that the Board require the responding party to pay to the applicant the money it has paid as fees required by section 133(11) of the Act and the regulations. The Board certainly has the authority to do so: section 133(13). We see no reason not to do so in this case when the responding party has failed to respond to the referral at all and the violation of the collective agreement is self-evident.
5Accordingly, the Board directs 1197413 Ontario Ltd. c.o.b. as Preston & Lieff Glass to pay to the applicant the sum of $30,669.38 forthwith, in trust for itself, its members and the benefit funds maintained for the benefit of its members.
“David A. McKee”
for the Board