0512-01-G The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46, Applicant v. Atlantic H.V.A.C. Systems Ltd., Responding Party.
BEFORE: Caroline Rowan, Vice-Chair, and Board Members G. Pickell and A. Haward.
APPEARANCES: M. I. Rotman, D. McBride and James Everett for the applicant; no one appearing for the responding party.
DECISION OF THE BOARD; June 1, 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 (the "Act").
2This matter was scheduled for hearing before the Board at 9:30 a.m. on May 25, 2001. The responding party was not present at that time, nor had the responding party filed a Request for Hearing and Notice of Intent to Participate (Form A-87) or any other material in response to the referral in this matter. The Board is satisfied based on the material filed that the responding party had adequate notice of the hearing. The Board, following its usual practice, waited until after 10:00 a.m. to commence the hearing.
3The applicant filed certificates issued by the Board dated October 29, 1999 establishing that the applicant and the other affiliated bargaining agents of the designated employee bargaining agency with which the applicant is affiliated obtained bargaining rights in respect of the responding party in the industrial, commercial and institutional sector of the construction industry ("the ICI sector"). Therefore the responding party was at the times material to this matter bound by the Provincial Collective Agreement by which the applicant is bound in respect of the ICI sector pursuant to section 161(4) of the Act.
4The applicant established that the responding party had failed to file remittance reports and had failed to make remittances required by Appendix 11, Schedule L, section 1 of the Provincial Collective Agreement for the months of, February, March and April 2001. The applicant further established that the number of hours worked for which remittances were due under the Provincial Collective Agreement is as follows: 392.5 hours for February 2001, 443 hours for March 2001 and 543 hours for April 2001. The responding party had not paid the requisite remittances by the 20th day of the month following the month to which those remittances related, the time for payment stipulated by the Provincial Collective Agreement. Therefore the Board finds that the responding party had failed to pay $3,720.90 for the February remittances by March 20th, 2001; $4,199.64 for the March remittances by April 20th, 2001; and $5,152.38 for the April remittances by May 20th, 2001.
5The responding party is also liable to pay liquidated damages and interest in accordance with Appendix 11, Schedule L, section 4 of the Provincial Collective Agreement as a result of being late with its remittance payments.
6In addition to requesting an order directing the responding party to pay the outstanding remittances, liquidated damages and interest, the applicant seeks payment of the fees it paid to the Board for this proceeding pursuant to section 133(13) of the Act in the amount of $749.00.
7The Board finds that the responding party is liable to pay to the applicant the sum of $13,072.92 for outstanding remittances and $1,540.12 in interest and liquidated damages which have accrued to the date hereof for a total amount owing of $14,613.04. The applicant is entitled to interest at the rate of 2% per month on that amount pursuant to the Provincial Collective Agreement until it is paid. At the hearing, counsel requested that the Board, when issuing its formal order, direct that interest be paid on that outstanding amount at the rate of 24% per annum rather than 2% per month for ease of enforcing the Board's order when it is filed with the court for enforcement. The Board finds that the responding party is liable to pay to the applicant the sum of $749.00 in fees.
ORDER
8The Board directs the responding party to pay forthwith to the applicant the sum of $14,613.04 together with interest accruing at the rate of 24% per annum up to the date of payment and the additional sum of $749.00 together with post judgment interest accruing at the applicable post judgment interest rate up to the date of payment.
“Caroline Rowan”
for the Board