Labourers’ International Union of North America, Local 625 v. Hadrian Excavating Ltd.
File No.: 2084-00-G Date: November 1, 2000
Applicant: Labourers’ International Union of North America, Local 625 Responding Party: Hadrian Excavating Ltd.
Before: Harry Freedman, Vice-Chair, and Board Members G. Pickell and A. Haward.
Appearances: Andrea Bowker and Wally Dunn for the applicant; no one appearing for the responding party.
DECISION OF THE BOARD
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 as am. (the “Act”). The matter was scheduled for hearing on Monday October 30, 2000 at 9:30 a.m. The responding party, although duly served with the Confirmation of Filing of Referral of Grievance to Arbitration and Notice of Hearing (Form B-67), failed to file a Notice of Intent to Defend/Participate (Form A-87) and did not attend at the hearing. The Board waited until shortly after 10 a.m. before convening the hearing.
2The applicant established that the responding party was bound by the collective agreement between The Utility Contractors’ Association of Ontario Incorporated and the Labourers’ International Union of North America, Ontario Provincial District Council and its affiliated Local Unions including the applicant, dated May 13, 1998 and expiring April 30, 2001 (the “Collective Agreement”), by reason of a recognition agreement that was executed by the responding party on March 30, 1994.
3The Collective Agreement requires employers who are bound by it, including the responding party, to make benefit contributions on the 15th day of each month for the hours worked by employees in the previous month. The applicant established that the responding party had failed or refused to make any contributions in respect the hours worked by its employees during 2000. The responding party had also failed to file the requisite monthly contribution reports.
4The applicant alleged that, based on the contributions history provided by the responding party that the responding party’s employees had worked 7444 hours in 1999. The applicant alleged that the responding party’s employees had worked a similar number of hours in the current year. In the absence of any evidence to the contrary or dispute by the responding party, we find that the employees had worked a total of approximately 5600 hours during the first nine months of 2000. Although the applicant had originally claimed contributions for the month of October, as remittances are due on the 15th of the month following the month in which work is performed, the responding party was not, as of the date of the hearing, in violation of the collective agreement in respect of contributions due for work performed in October.
5The applicant established that the contribution rate for the various union benefit, pension and industry funds was $3.2932 per hour worked. Thus, based on 5600 hours of work in 2000, the responding party owes the applicant $18,441.92 in respect of such funds. Of that amount, $1.08 per hour or $6,699.60 was for welfare contributions that, pursuant to Appendix E of the Collective Agreement attract a late payment interest charge of 1 ½ % per month. The applicant claimed interest of $452.20 on the late welfare contributions and interest of 7% per annum on the balance of $11,742.32 that is $410.95. Finally, the applicant seeks reimbursement of its filing fee of $749.00. The Board is satisfied and hereby declares that the responding party owes the applicant the sum of $18,441.92 for unpaid industry, union, welfare and pension fund contributions, interest on that amount of $863.15 and filing fee reimbursement of $749.00.
6The Board therefore directs the responding party to forthwith pay to the applicant the sum of $20,054.07.
“Harry Freedman”
for the Board