0651-01-G United Brotherhood of Carpenters and Joiners of America, Local Union No. 446, Applicant v. 612370 Ontario Inc. c.o.b. as Nu-Con and J.S. Gibbs Contracting Incorporated, Responding Parties.

BEFORE: Caroline Rowan, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.

APPEARANCES: Norman L. Jesin and Gilbert Scott for the applicant; Joseph Liberman, Bill Hlibchuk and John Gibbs for the responding party.

DECISION OF THE BOARD; September 20, 2001

[1]. This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995 (the “Act”).

[2]. At the outset of the hearing in this matter, the responding parties, 612370 Ontario Inc. c.o.b. as Nu-Con and J.S. Gibbs Contracting Incorporated (the “employer”), raised a preliminary objection that the application should be dismissed as a result of the applicant’s, United Brotherhood of Carpenters and Joiners of America, Local Union No. 446 (the “union”), delay in processing the grievance in issue. This decision deals with the Board’s disposition of the employer’s preliminary objection.

Facts

[3]. The union filed the grievance in issue on May 3, 2001.

[4]. In its grievance, the union alleges that the employer violated the provincial collective agreement between The Carpenters’ Employer Bargaining Agency (E.B.A.) and The Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America (C.D.C.) effective from May 1, 1998 to April 30, 2001 and continuing (the “Provincial Agreement”). More specifically, the union alleges that the employer contracted or sub-contracted to non-union persons and did not hire unemployed members of the union to build a golf resort on St. Joseph Island contrary to Article 4 and 5 of the Provincial Agreement and any other relevant articles.

[5]. The remedy sought by the union is expressed as follows on the grievance form:

The company immediately remove the non-union workers from his project or projects where work claimed by local 446 is being done and replace them with unemployed members of local 446. The company pay to local 446 for each hour earned by the non-union workers times the local 446 total wage package. The damages would include what appears to be a fully completed Club House. The company issue a letter saying they have violated our Collective Agreement and will refrain from doing so in future.

[6]. Mr. John Gibbs, President of the responding party, J.S.