0101-01-G International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128, Applicant v. Enviro Tank Inc., Responding Party.
BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
APPEARANCES: Micheil Russell and Reg White for the applicant; no one appearing on behalf of the responding party.
DECISION OF THE BOARD; May 8, 2001
1This is an application for the referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995, S.O. 1995 ch. 1 (the "Act"). Although duly served with the application by the applicant and the Confirmation of Filing and Notice of Hearing by the Registrar, the responding party (“Enviro Tank”) failed to appear at the hearing on May 7, 2001. The Board waited its customary half-hour and then commenced to hear the application in the absence of Enviro Tank.
2Enviro Tank has been found previously by this Board to be bound to the Boilermakers’ Provincial Collective Agreement with the Boilermakers Contractors Association (see Board File No. 0310-96-G). The Board heard evidence form Mr. Reg White, a business agent for the applicant. Mr. White gave evidence that several members of the union were employed by Enviro Tank at a project at the Elmira Water Tower project between May 2000 and November 2000. Remittances were made pursuant to the collective agreement only for the months of May and (after one dishonoured cheque) June, 2000.
3The Board therefore finds that Enviro Tank has violated the collective agreement.
4Mr. White also gave evidence of the number of hours worked by each member. This information was presented to the Board in summary form. The original documents were Records of Employment and paycheques issued by Enviro Tank to the employees. This summary was provided to Enviro Tank by letter dated April 20, 2001. Given the employer’s failure to participate in these proceedings, the Board accepts these figures as accurate. The total owing for all employees other than David McLaren is $11,609.29.
5The applicant also requested costs of this application pursuant to section 133(13), being its filing fees in this matter. Since the employer has not participated in this matter, that is an appropriate order. The amount of these fees is $749.00.
6The Board therefore finds that Enviro Tank Inc. has violated the collective agreement. The Board directs Enviro Tank Inc. to pay to David McLaren all monies owed. The Board remains seized with respect to the quantum of money owing on Mr. McLaren’s behalf.
7The Board further orders Enviro Tank Inc. to pay to the applicant the sum of $12,358.29.
“David A. McKee”
for the Board