Carpenters and Allied Workers, Local 27 United Brotherhood of Carpenters and Joiners of America v. 1328156 Ontario Limited and Resici Group Inc.
1316-00-G Carpenters and Allied Workers, Local 27 United Brotherhood of Carpenters and Joiners of America, Applicant v. 1328156 Ontario Limited and Resici Group Inc., Responding Parties.
BEFORE: Marilyn Silverman, Vice-Chair, and Board Members G. Pickell and A. Haward.
APPEARANCES: Peter Shlanka, Jack Slaughter and Frank Munno for the applicant; no one appeared for the responding parties.
DECISION OF THE BOARD; December 13, 2000
1This is a referral of a grievance to the Board for determination filed under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 (the "Act"). The applicant seeks the payment of outstanding remittances.
2At the date and time scheduled for hearing no one appeared for the responding parties. The Board waited the usual 30 minutes following which it commenced the hearing in the absence of the responding parties. It is noteworthy that the responding party signed minutes of settlement in which the date was set for hearing of this matter.
3The parties have attended at the Board on a number of occasions in respect of this matter. The responding party has agreed previously that it is bound to The Carpenters' Employer Bargaining Agency (E.B.A.) and The Carpenters' District Council of Ontario, United Brotherhood of Carpenters and Joiners of America (C.D.A.) effective May 1, 1998 to April 30, 2001 (the "collective agreement"). Those meetings culminated in a decision dated October 20, 2000 wherein the parties agreed that they would meet to determine the quantum of damages owed to the applicant. They did so on October 23, 2000. It was further agreed that the sole issue to be determined at the hearing was the amount of "additional monies" owed as a result of the violations of the collective agreement.
4The evidence presented by Mr. Frank Munno, business representative for the applicant, established that the responding party provided the applicant with documents at their October 23, 2000 meeting which documents confirmed the amount owing to be $20,330.16. The applicant states that an additional amount of $1,839.24 is also owing based upon Mr. Munno's review of the material provided by the responding party.
5Having regard to the evidence, the submissions of the applicant and the material submitted, the Board makes the following orders:
(a) orders 1328156 Ontario Limited and Resici Group Inc. to pay to the applicant the amount of $22,169.40 as damages for unpaid remittances;
(b) orders 1328156 Ontario Limited and Resici Group Inc. to pay to the applicant the amount of $1,000.00 for legal costs incurred pursuant to Article 9.18 of the collective agreement;
(c) orders 1328156 Ontario Limited and Resici Group Inc. to pay to the applicant the amount of $749.00 pursuant to section 133(13) of the Act as reimbursement for filing fees paid.
"Marilyn Silverman"
for the Board