1921-00-G International Brotherhood of Electrical Workers, Local 303, Applicant v. Mainway Electric Ltd., Responding Party.
BEFORE: Christopher J. Albertyn, Vice-Chair, and Board Members G. Pickell and A. Haward.
APPEARANCES: Robert Gibson and Garry Sorley for the applicant; no one appearing for the responding party.
DECISION OF THE BOARD; October 20, 2000
1This is a referral of a grievance to arbitration under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 (“the Act”) concerning the interpretation, application, administration or alleged violation of a collective agreement to the Board for final and binding determination.
2The matter was scheduled to be heard at 9:30 a.m. on October 20, 2000. Notice of the hearing at that time was properly given to the responding party in advance of the hearing. There was no appearance by the responding party at the appointed time for the hearing. The matter was delayed for a period of half an hour in case of a late arrival. Notwithstanding the delay, there was still no appearance by the responding party when the matter was to be heard. The hearing then proceeded in the absence of the responding party.
3The evidence presented at the hearing established the following: the responding party is bound by the Principal Agreement between the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and The International Brotherhood of Electrical Workers and The IBEW Construction Council of Ontario (“the collective agreement”); the responding party did not comply with its obligation under the collective agreement to make timely payment of remittances and dues to the applicant for the months of May and June 2000 until after the filing of this grievance. The grievance was filed on September 28, 2000. Accordingly, damages are due to the applicant under Clause 1006 of Section 21 of the collective agreement, the Local Appendix L.U. 303. Clause 1006 reads:
PAYMENTS
All required payments are to be made monthly by the fifteenth day of the following month, subject to damages calculated in the following manner:
Five (5) percent for the first seven (7) days of delinquency, plus an additional
Four (4) percent for next seven (7) days of delinquency, plus an additional
Three (3) percent for the next seven (7) days of delinquency, plus an additional
Two (2) percent for every month or part of month until all payments have been received.
All penalties to be compounded. Compounded penalty rate approximately 39.8% annually.
Local Union 303 will notify the N.P.E.C.A. of any delinquencies no later than the last day of the month in which the funds become due.
4The interest due to the applicant on the remitted amounts is $627.36. The applicant is entitled to be refunded its grievance filing fee and its hearing fee for recovery of the damages owing to it by the responding party. The total amount due to the applicant in damages is therefore the sum of the interest, the filing fee and the hearing fee, being $1,377.32. That amount is due, owing and payable.
5Accordingly, the Board makes the following declarations and orders:
the responding party is bound by the Principal Agreement between the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and The International Brotherhood of Electrical Workers and The IBEW Construction Council of Ontario;
the responding party has violated the said Principal Agreement;
the responding party shall forthwith pay to the applicant the sum of $1,377.32 in damages arising from the said violation.
“Christopher J. Albertyn”
for the Board