Lake Ontario District Council United Brotherhood of Carpenters and Joiners of America v. Phoenix Restoration
File and Parties
File No.: 2021-00-G Applicant: Lake Ontario District Council United Brotherhood of Carpenters and Joiners of America Responding Party: Phoenix Restoration
Before: D. L. Gee, Vice-Chair, and Board Members G. Pickell and A. Haward.
Appearances: James Robbins and Frank Godfrey for the applicant; no one appearing on behalf of the responding party.
Decision of the Board; October 30, 2000
1This is a referral of a grievance to the Board pursuant to section 133 of the Labour Relations Act, 1995 (the "Act").
2The responding party was provided with notice of the hearing but failed to attend.
3By decision dated October 18, 2000, the Board declared the responding party to be bound to the Carpenters Provincial Collective Agreement and to have violated such agreement. The decision indicated that the issue of the amount of damages and costs owing to the applicant as a result of such violations would be determined at the Board hearing scheduled for October 26, 2000.
4At the hearing, the Board heard evidence from Frank Godfrey, Business Representative and Organizer with the applicant. Mr. Godfrey testified that the responding party performed work covered by the terms of the Carpenters Provincial Collective Agreement in connection with the installation of benches at a stadium in Oshawa. The responding party failed to apply the terms and conditions of the Carpenters Provincial Collective Agreement to the performance of such work. Mr. Godfrey estimated that it would have taken 240 hours to perform the work in question. The applicable wage package amounts to $34.87 per hour.
5On the basis of the evidence of Mr. Godfrey, the Board is satisfied that the applicant is owed $8,368.80 in damages, $500. in legal fees pursuant to article 9.18 of the Carpenters Provincial Collective Agreement, and $749 in fees pursuant to section 133(13) of the Act.
6On the basis of the foregoing, the Board hereby directs the responding party to pay to the applicant the sum of $9,617.80 forthwith.
"D. L. Gee"
for the Board