2105-00-G Universal Workers Union, L.I.U.N.A., Local 183, Applicant v. Lansco Construction Limited, Responding Party.
BEFORE: John Morgan Lewis, Vice-Chair, and Board Members G. Pickell and A. Haward.
APPEARANCES: Michael O’Brien for the applicant; no one appearing for the responding party.
DECISION OF THE BOARD; November 3, 2000
1This is a referral of a grievance under section 133 of the Labour Relations Act, 1995 (the “Act”).
2On the date scheduled for hearing this matter, no one appeared on behalf of the responding party. The Board proceeded with the hearing at 10:00 a.m. The Board’s Notice of Hearing sets out the consequences of failing to attend at the hearing. Paragraph 5 of the Notice of Hearing states:
IF YOU DO NOT ATTEND THE HEARING, THE BOARD MAY DECIDE THE REFERRAL WITHOUT FURTHER NOTICE TO YOU AND WITHOUT CONSIDERING ANY DOCUMENT YOU MAY HAVE FILED.
3In regard to the evidence, both documentary and viva voce, the Board:
declares that Lansco Construction Limited (“Lansco”) is bound to the collective agreement between the Greater Toronto Sewer and Watermain Contractors Association and Labourers’ International Union of North America, Local 183 and Teamsters Local 230 (the “Collective Agreement”);
declares that Lansco violated the Collective Agreement by failing to make proper remittances and contributions on behalf of its employees and failing to pay wages in accordance with the Collective Agreement;
orders Lansco to pay forthwith to the applicant the sum of $140,360.52. This amount is broken down as follows:
i) the amount of $49,368.40 is with respect to the failure to pay three weeks of wages for seven employees;
ii) the amount of $15,293.00 is with respect to the failure to pay pension contributions on behalf of its employees for the months of May and June, 2000;
iii) the amount of $72,067.42 is with respect to the failure to pay benefits on behalf of its employees for the months of July, August and September, 2000;
iv) the amount of $2,882.70 is with respect to liquidated damages for late payment of contributions pursuant to Article 36(a) of the Collective Agreement;
v) the amount of $749.00 represents the fees payable under section 133(13) of the Act.
“John Morgan Lewis”
for the Board