Brick and Allied Craft Union of Canada, Local 10 v. 620230 Ontario Inc. o/a TS Masonry
Brick and Allied Craft Union of Canada, Local 10 (formerly known as the International Union of Bricklayers and Allied Craftworkers Local 10), Applicant v. 620230 Ontario Inc. o/a TS Masonry, Tony Sica Masonry Inc. and VMS Masonry (1996) Ltd., Responding Parties.
BEFORE: Marilyn Silverman, Vice-Chair and Board Members J. Knight and G. McMenemy.
APPEARANCES: Tim Bartkiw and Al Leduc for the applicant; no one appearing for the responding parties.
DECISION OF THE BOARD; April 17, 2000
1This is a referral of a grievance to the Board under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 ('the Act').
2The matter was scheduled to be heard at 9:30 a.m. on April 11, 2000. Notice of the hearing was properly given to the responding parties well in advance of the hearing. There was no appearance by the responding parties at the appointed time for the hearing. The matter was delayed for a period of half an hour in case of a late arrival. Notwithstanding the delay, there was still no appearance by the responding parties when the matter was to be heard. The hearing then proceeded in the absence of the responding parties.
3By decision dated March 23, 2000, the board (differently constituted) declared that the applicant and the responding party are bound to the Bricklayer’s Provincial Collective Agreement and that the responding party violated the Collective Agreement.
4The issue of assessment of damages was held over to be determined at the hearing.
5Having regard to the evidence, both documentary and in testimony the Board orders 6202230 Ontario Inc. o/a TS Masonry, Tony Sica Masonry Inc. and VMS Masonry (1996) Ltd. to pay to the applicant in trust the amount of $48,944.75 for unpaid remittances, as required under the collective agreement.
6The Board further orders 6202230 Ontario Inc. o/a TS Masonry, Tony Sica Masonry Inc. and VMS Masonry (1996) Ltd. to pay to the applicant the amount of $749.00 for fees pursuant to section 133(13) of the Act.
“Marilyn Silverman”
for the Board