2380-00-G The International Union of Painters and Allied Trades (formerly known as the International Brotherhood of Painters & Allied Trades), District Council 46 (Local Union 1891), Applicant v. East Park Interiors, Responding Party.
BEFORE: David A. McKee, Vice-Chair.
APPEARANCES: Joseph Russo and Greg Smith for the applicant; no one appearing for the responding party.
DECISION OF THE BOARD; November 28, 2000
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 hearing in this matter was scheduled for 9:30 a.m. on November 28, 2000. The responding party had been given notice of this hearing by the Registrar on November 15, 2000 by sending a notice to the responding party by facsimile copier. The hearing commenced at 10:15 a.m. and the responding party had not appeared by that time.
2Pursuant to rule 160 the Board deemed the responding party to have accepted all of the facts stated in the application to be true. As indicated in the decision of the Board in this file dated November 24, 2000, there were two areas in which the facts as alleged in the application did not meet the degree of specificity required to enable the Board to make a decision based on those facts alone.
3First, the Board heard evidence from Mr. Greg Smith that Mr. Joe Montesano had entered into a voluntary collective agreement on behalf of the responding party in November or December of 1999. This agreement bound the responding party to both the Provincial Collective Agreement between the Employee Bargaining Agency and Employer Bargaining Agency in respect of the industrial, commercial and institutional sector and the collective agreement between the applicant and Interior Systems Contractors Association, an accredited employer association in the residential sector (“the Collective Agreement”). He did so at the request of the applicant which regarded the responding party as a successor corporate vehicle used by Mr. Montesano for his business. The predecessor business, JGC Contracting Inc. was bound to the collective agreement by virtue of a voluntary recognition agreement executed June 22, 1999. In addition, Mr Smith identified three monthly benefit reports filed with the applicant’s administrators for the months of January to March, 1999. Mr. Montesano signed one of them.
4The application sets out the number of hours worked and the wages and benefits owing in respect of those hours in very precise detail. Mr. Smith testified that the employees listed in the schedule to the referral worked those hours between April 1, 1999 and September 1, 1999 at four projects: Intracorp Developments at Lombard Street, Toronto; Belrock Construction at York Mills and Leslie, Toronto; Remmington Construction at Gough and 14th Avenue in Markham; and Ellis Don Construction at the Penetanguishine jail in Penetanguishine.
5Based on this evidence and the facts alleged in the referral deemed by the Board to have been accepted by the responding party, the Board finds that the responding party is bound to the Collective Agreement. The Board further finds that it has violated the collective agreement by failing to pay wages to one employee and benefit remittances to the applicant and the various trust funds under the collective agreement. The Board finds that the total amount owing to the applicant and the employees is $22,422.88.
6The applicant has also asked that the responding party be required to pay its costs of filing this application pursuant to section 133(13). The Board finds this is appropriate. The amount of the filing fees and GST is $749.00.
7The Board therefore orders the responding party East Park Interiors to pay to the applicant the sum of $23,171.88 forthwith.
“David A. McKee”
for the Board