Ontario Labour Relations Board
1128-01-G Universal Workers Union, L.I.U.N.A., Local 183, Applicant v. Fourwinds Construction Inc., Responding Party.
BEFORE: D. L. Gee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; July 30, 2001
1This matter is a referral of grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”). Prior to the hearing in this matter, the parties entered into Minutes of Settlement dated July 25, 2001.
2Having regard to the Minutes of Settlement, the material before it and pursuant to section 133 of the Act, the Board hereby makes the following orders and declarations:
(a) the Board declares that Fourwinds Construction Inc. is bound by the Collective Agreement as between the Universal Workers Union, L.I.U.N.A., Local 183 (the “Union”) and the Greater Toronto Sewer & Watermain Contractors Association effective May 1, 1998 to April 30, 2001 and continuing (the “Collective Agreement”);
(b) the Board declares that Fourwinds Construction Inc. violated the Collective Agreement by failing to make timely remittances to the various Health, Welfare and Pension Funds administered by the Union on behalf of union members in the employ of Fourwinds Construction Inc.;
(c) the Board orders Fourwinds Construction Inc. to pay to the Union forthwith the sum of $12,276.20 in respect of remittances for the work months of April, May and June, 2001;
(d) the Board orders Fourwinds Construction Inc. to pay to the Union forthwith the sum of $737.83 as liquidated damages for late payment of the aforementioned remittances; and
(e) the Board orders Fourwinds Construction Inc. to pay to the Union forthwith the sum of $214.00 as compensation for fees paid by the Union pursuant to section 133 of the Act.
“D. L. Gee”
for the Board