1261-01-G Universal Worker’s Union, L.I.U.N.A., Local 183, Applicant v. Select Concrete & Drain Inc., 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
This 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”).
On 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.
Having regard to the documentary and viva voce evidence the Board finds that:
Select Concrete & Drain Inc. (“Select Concrete”) is party to a collective agreement with the applicant in effect from May 1, 1998 until April 30, 2001 and continuing. Select Concrete has violated the collective agreement by failing to make the required remittances and payments to the various health, welfare an pension funds for the months of April, May and June 2001. Select Concrete 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 Select Concrete owes the amount of $69,277.47. This amount includes liquid damages for late payments pursuant to the collective agreement.
- In view of the findings in paragraph 3 above, the Board therefore:
(a) declares that Select Concrete & Drain Inc. is bound to a collective agreement with the applicant effective May 1, 1998 to April 30, 2001 and continuing;
(b) declares that Select Concrete & Drain Inc. has violated the collective agreement by failing to make the required remittances to the applicant pursuant to the collective agreement;
(c) orders Select Concrete & Drain Inc. too pay forthwith to the applicant the sum of $69,277.47 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