Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Lika Drywall Systems Ltd., 2001 CanLII 12121

0862-01-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Lika Drywall Systems Ltd., Responding Party.

BEFORE: Marilyn Silverman, Vice‑Chair, and Board Members G. Pickell and A. Haward.

DECISION OF THE BOARD; August 20, 2001

1The 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.

2Prior to the hearing in this matter the parties entered into the following Memorandum of Agreement:

Board File No. 0862-01-G

Drywall Acoustic Lathing and Insulation Local 675,

United Brotherhood of Carpenters and Joiners of America

Applicant,

and

Lika Drywall Systems Ltd.

Responding Party.

WHEREAS the Applicant filed four grievances against the Responding Party for unpaid benefits, dues, contributions and deductions for the months of January, February, March and April 2001;

AND WHEREAS those grievances were referred to the Ontario Labour Relations Board pursuant to section 133 of the Act;

AND WHEREAS the Board assigned the section 133 referral File No. 0862-01-G;

AND WHEREAS the first hearing in this matter was scheduled for July 12, 2001, at which time the Responding Party attended with payroll records;

AND WHEREAS the Responding Party has advised that it currently has no assets;

AND WHEREAS the Applicant requested that the referral be re-listed for hearing;

AND WHEREAS the Board scheduled the hearing for Friday August 17, 2001;

AND WHEREAS the Responding Party acknowledges that it owes $1,563.77 in benefits dues, contributions and deductions for the months which are the subject matter of the four grievances;

AND WHEREAS the Responding Party will make its best reasonable efforts to pay the amount outstanding.

NOW THEREFORE the parties agree as follows and request that the Board issue a decision incorporating the following orders and declarations:

1. A declaration that Lika Drywall Systems Ltd. is bound to the Carpenters’ Provincial Collective Agreement between the Carpenters’ Employer Bargaining Agency and the Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America effective May 1, 2001 to April 30, 2004.

2. A declaration that Lika Drywall Systems Ltd. has violated the Carpenters’ Provincial Collective Agreement by failing to pay benefits dues, contributions and deductions in the amount of $1,563.77.

3. An order that Lika Drywall Systems Ltd. pay to the Applicant forthwith the amount of $1,563.77.

Dated at Burlington for the Responding Party.

Dated at Toronto for the Applicant this

“John Zubrinic” “Michael McCreary”

For the Responding Party John Zubrinic For the Union Michael McCreary

3Having regard to the agreement of the parties, the Board makes the following declarations and orders:

a) declares that Lika Drywall Systems is bound to the Carpenters’ Provincial Collective Agreement between the Carpenters’ Employer Bargaining Agency and the Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America effective May 1, 2001 to April 30, 2004 (the “collective agreement”);

2. declares that Lika Drywall Systems Ltd. has violated the collective agreement by failing to pay benefits dues, contributions and deductions in the amount of $1,563.77;

3. orders Lika Drywall Systems Ltd. pay to the Applicant forthwith the amount of $1,563.77.

“Marilyn Silverman”

for the Board