Universal Workers’ Union, L.I.U.N.A., Local 183 v. A.C. Concrete Forming Ltd.

2342-01-G Universal Workers’ Union, L.I.U.N.A., Local 183, Applicant v. A.C. Concrete Forming Ltd., Responding Party.

BEFORE: Mary Ellen Cummings, Alternate Chair.

APPEARANCES: Michael O’Brien for the applicant; no one appearing on behalf of the responding party.

DECISION OF THE BOARD; December 4, 2001

1. This is a referral of a grievance in the construction industry, pursuant to section 133 of the Labour Relations Act 1995 (the “Act”).

2. The responding party did not attend at the hearing, although timely notice of the date and time was sent by the Board. Following its usual practice, the Board waited a half hour past the scheduled hearing time, in the event that the responding party had been detained. When no one appeared on behalf of the responding party, the Board proceeded in its absence.

3. The applicant established through Michael O’Brien, Director Contribution Control, that the responding party is bound to the collective agreement between the Residential Low Rise Forming Contractors’ Association of Metropolitan Toronto and Vicinity and the applicant. Mr. O’Brien established, based in large part on information supplied by the responding party in its contribution reports, that it has failed to make remittances or contributions as required under the collective agreement on behalf of a number of employees, for the periods of June to October 2001. Mr. O’Brien established that the applicant is owed $12, 465.72.

4. Having regard to the findings of fact set out above, the Board declares and orders:

(a) that the responding party is bound to collective agreement between the Residential Low Rise Forming Contractors’ Association of Metropolitan Toronto and Vicinity and the applicant;

(b) that the responding party pay $ 12, 465.72 to the applicant forthwith;

(c) that the responding party reimburse the applicant’s filing and hearing fees in this matter, in the amount of $749.00.

“Mary Ellen Cummings”

for the Board