2922-99-G The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46, Applicant v. Connect Mechanical Systems Inc. and Bryant Mechanical Systems Inc., Responding Parties.
BEFORE: John Morgan Lewis, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; January 31, 2000
The applicant has referred a grievance concerning the interpretation, application, administration or alleged violation of a collective agreement to the Board for final and binding determination.
Having regard to the agreement of the parties and pursuant to section 133 of the Labour Relations Act, 1995, the Board makes the following orders:
that Connect Mechanical Systems Inc. (“Connect”) and Bryant Mechanical Systems Inc. (“Bryant”) are each bound to the collective agreement expiring April 30, 2000 between Ontario Pipe Trades Council and Mechanical Contractors Association of Ontario (the “Collective Agreement”);
that Connect and Bryant have violated the Collective Agreement and in particular Schedules “A” through “O” of Appendix II thereof, as alleged in the Grievances, by failure to file returns and make remittances as required therein;
that the responding parties be deemed to have accepted all of the facts stated in the Grievance and in this application, and that the scheduled hearing be cancelled as provided for in Rule 160;
that the hearing scheduled for January 27, 2000, be adjourned, and that a hearing be held on February 17, 2000, or upon such other date as the Board sets, for a determination of the moneys owing, including damages, by the responding parties, or either of them, to the applicant.
"John Morgan Lewis"
for the Board