Universal Workers Union, L.I.U.N.A., Local 183 v. Canadian Independent Sod
File No.: 2547-01-G Applicant: Universal Workers Union, L.I.U.N.A., Local 183 Responding Party: Canadian Independent Sod
Before: John Morgan Lewis, Vice-Chair.
Appearances: Michael O’Brien for the applicant; no one appearing for the responding party.
Decision of the Board; December 21, 2001
1This is a referral of grievance to arbitration in the construction under the Labour Relations Act, 1995 (the “Act”).
2The application was referred to the Board on December 7, 2001.
3On the date scheduled for hearing in this matter, no one appeared for Canadian Independent Sod. The Board proceeded with the hearing at 10:00 a.m. The Board’s Notice of Hearing sets out the consequences of failing to attend at the hearing. Paragraph 5 of the Notice of Hearing states:
IF YOU DO NOT ATTEND THE HEARING, THE BOARD MAY DECIDE THE REFERRAL WITHOUT FURTHER NOTICE TO YOU AND WITHOUT CONSIDERING ANY DOCUMENT YOU MAY HAVE FILED.
4Having considered the evidence both viva voce and documentary and the submissions from the applicant, the Board hereby:
a) declares that Canadian Independent Sod is bound to the collective agreement between the Universal Workers Union, Labourers’ International Union of North America Local 183 and Independent Landscaping Contractors, (the “Collective Agreement”);
b) declares that Canadian Independent Sod violated the Collective Agreement;
c) orders Canadian Independent Sod to pay to the applicant forthwith the amount of $11,511.89 which is comprised of the following amounts:
- $10,759.89 representing damages arising from the violation of the Collective Agreement;
- $752.00 representing fees payable pursuant to section 133(13) of the Act.
“John Morgan Lewis”
for the Board