Sheet Metal Workers’ International Association, Local 30 v. S. I. Guttman Inc.
2711-00-G Sheet Metal Workers’ International Association, Local 30, Applicant v. S. I. Guttman Inc., Responding Party.
BEFORE: Marilyn Silverman, Vice-Chair.
APPEARANCES: Robert MacDougall, Joe McPhail, Jerry Raso and Neil Prestwich for the applicant; no one appearing on behalf of the responding party.
DECISION OF THE BOARD; December 27, 2000
1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 ('the Act').
2The responding employer (the “employer”) did not file a Request for Hearing and Notice of Intent to participate. No one appeared or filed fees on behalf of the employer. However, the applicant (the “union”) did call as a witness Mr. Neil Prestwich (“Mr. Prestwich”) the president of the employer.
3Mr. Prestwich gave sworn evidence and both he and the union provided documents to substantiate the union’s claim. Having regard to that evidence I find that:
a) the responding party is bound to the collective agreement between the Ontario Sheet Metal and Air Handling Group, and the Sheet Metal Workers’ International Association and Ontario Sheet Metal Workers’ Conference, effective from May 1, 1998 until April 30, 2001; (“the collective agreement”)
b) the responding party has violated Articles 33, 34 and 35, and Clause 18 and 18.3 of Appendix “K” of the collective agreement by failing to pay required remittances and other payments in accordance with the collective agreement for the months of October and November 2000;
c) the amount of damages due in respect of the violations is $8851.58.
d) the amount of $749. 00 is due to the applicant as payment for filing fees pursuant to Section 133(13) of the Act.
4Mr. Prestwich advised that the employer is insolvent and under court-appointed receivership. He advised the Board that he faxed a copy of the notice of hearing and a copy of the application to the receiver two days prior to the date of hearing. Counsel for the union also said that he attempted to contact the receiver by phone but his calls were not answered.
5In respect of the receivership, Mr. Prestwich advised that the receiver’s authority is limited to realizing on the assets. Those matters continue before the courts.
6Having regard to the circumstances of this case and the submissions of the parties I hereby:
a) declare that S. I. Guttman Inc. is bound to the collective agreement between the Ontario Sheet Metal and Air Handling Group, and the Sheet Metal Workers’ International Association and Ontario Sheet Metal Workers’ Conference, effective from May 1, 1998 until April 30, 2001; (“the collective agreement”);
b) declare that the responding party violated Articles 33, 34 and 35, and Clause 18 and 18.3 of Appendix “K” of the collective agreement in failing to make the required payments and remittances in respect of the work performed in October/November 2000;
c) order that the payment of $9600.58 be paid by the responding party to the applicant subject to any legal restrictions that may be imposed upon this order as a result of the receivership.
7I remain seized should there be any further matter to deal with in respect of this order.
“Marilyn Silverman”
for the Board