2031-01-G United Brotherhood of Carpenters and Joiners of America, Local 785, Applicant v. George R. Congdon c.o.b. as an unregistered business style called Accurate Millwork Installations, Responding Party.
BEFORE: David A. McKee, Vice-Chair.
APPEARANCES: Mike McCreary and Greg McMahon for the applicant; no one appearing for the responding party.
DECISION OF THE BOARD; November 27, 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"). The application was filed on October 22, 2001, and the hearing was set for November 23, 2001. On that day the responding party failed to appear, notwithstanding that it had been served with a copy of the Board's decision setting the hearing date for that day.
2The Board heard evidence from Mr. Greg McMahon, business representative for the Union. I heard no evidence to the contrary, and I accept his evidence about the actions of the responding party, although his arithmetic was slightly incorrect. Certain amounts are admitted to be owing by the responding party by virtue of work reports filed by it with the administrators of the various employee benefit trust funds that all employers are required to contribute to under the collective agreement. These payments have not been made, and the responding party has breached the collective agreement. They are set out in the section below headed Section A. The responding party will be obliged to pay in excess of $13,000 as amounts owing.
3There are also a number of other damages for which the responding party is responsible, some or all of which could have been avoided by timely action at any point before November 23, 2001. These amounts are set out below. Section B represents liquidated damages for the late payment of remittances in previous years. Section C represents the damages payable for the failure to pay remittances for the work months set out in section A. Finally, section D sets out the entirely avoidable costs of processing this grievance. Some or all of these costs could have been avoided had the responding party simply called the Union and made some attempt to deal with the problem after it received notice of the application under section 133. It did not do so, and therefore has incurred further claims for damages.
4Set out below are the amounts of damages that the applicant has suffered, and the type of each loss with reference to the appropriate provision of the collective agreement.
A) Amounts owing for remittances not submitted for work months in 2001:
May $3,098.17
June 3,496.25
July 2,401.97
August 2,476.09
September 1,778.00
TOTAL $13,250.48
B) Liquidated damages as set out in
Notice from Trustees:
Oct. 2, 2001 $3,190.65
TOTAL $ 3,190.65
C) Liquidated Damages as per
Article 9.07(6) of the
collective agreement to Nov. 23, 2001:
May $774.74
June 699.25
July 360.29
August 247.61
September 88.90
TOTAL $ 2,170.79
D) Applicant's cost for processing the
grievance pursuant to Article 9.18
of the collective agreement
Filing Fee $ 214.00
Hearing Fee 535.00
Travel to Toronto 100.00
Meals & Expenses 25.00
Legal Costs 1,500.00
(two attendances)
TOTAL $ 2,374.00
E) TOTAL DAMAGES $20,985.92
5The Board directs the responding party, George R. Congdon, c.o.b. as Accurate Millwork Installations to pay to the applicant the sum of $20,985.92 forthwith.
"David A. McKee"
for the Board