Labourers’ International Union of North America, Local 183 v. 517739 Ontario Limited o/a Rolan Plumbing
1262-01-G Labourers’ International Union of North America, Local 183, Applicant v. 517739 Ontario Limited o/a Rolan Plumbing, Responding Party.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
APPEARANCES: Michael O’Brien for the applicant; no one appearing for the responding party.
DECISION OF THE BOARD; August 9, 2001
1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended (the “Act”).
2On the day scheduled for hearing this matter no one appeared on behalf of the responding party. The Board waited its customary half hour before proceeding to hear this matter.
3Having regard to the documentary and viva voce evidence the Board finds that:
517739 Ontario Limited o/a Rolan Plumbing (“Rolan”) is party to a collective agreement with the applicant in effect from May 1, 1999 until April 30, 2002. Rolan has violated the collective agreement by failing to make the required remittances and payments to the various health, welfare and pension funds for the months of April, May and June 2001. Rolan filed contribution reports on behalf of the applicant’s members for work performed during those months but failed to make the required remittances. Based on the terms of the collective agreement and the information contained in the contribution reports Rolan owes the amount of $52,818.86. This amount includes liquid damages and other late payment amounts pursuant to the collective agreement.
4In view of the findings in paragraph 3 above, the Board therefore:
(a) declares that 517739 Ontario Limited o/a Rolan Plumbing is bound to a collective agreement with the applicant effective until April 30, 2002;
(b) declares that 517739 Ontario Limited o/a Rolan Plumbing has violated the collective agreement by failing to make the required remittances pursuant to articles 2.03, 2.04 and 17.04 and article 5 of schedule “A”;
(c) orders 517739 Ontario Limited o/a Rolan Plumbing to pay forthwith to the applicant the sum of $52,818.86 as damages for the above violations of the collective agreement;
(d) orders Select Concrete & Drain Inc. to pay forthwith the amount of $214.00 to the applicant pursuant to section 133(13) of the Act.
“Inge M. Stamp”
for the Board