Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Michel Joseph Meilleur c.o.b. as M & M System Interior
File No.: 1966-01-G Date: November 22, 2001 Ontario Labour Relations Board
Before: David A. McKee, Vice-Chair
Appearances: James Robbins, Michael McCreary and Luigi Cavingi for the applicant; no one appearing for the responding party.
Decision of the Board
1This matter was set for hearing on November 20, 2001, commencing at 9:30 a.m. Despite the agreement of the responding party and the Board’s order confirming that agreement, Mr. Meilleur did not appear on that date. The hearing commenced at 10:08 a.m.
2The applicant identified forms delivered to it by the responding party since the last day of hearing. These forms indicate the amounts the responding party owed to the various employee benefit funds to which contributions are required to be made under the Carpenters’ Provincial Collective Agreement in respect of hours worked by its employees. They covered the period August, September, and October, 2001. However, the required payment did not accompany these forms. From the evidence heard, I am satisfied that the number of hours worked by employees of the responding party in July, 2001 was at least equal to those worked in August, 2001.
3The employer therefore has violated the collective agreement and owes the following amounts to the employee benefit funds:
July $ 2,134.39
August $ 2,134.39
September $ 3,957.30
October $ 1,992.81
TOTAL $10,218.89
The applicant is also entitled to be paid its filing fees in this matter, pursuant to section 133(13), being $749.00.
4The applicant is also entitled to its costs pursuant to Article 1.18 of the Carpenters’ Provincial Collective Agreement. The applicant seeks payment of $1,000.00 costs. Absent any submissions from the employer, I see no reason not to fix them at this amount.
5Accordingly, the Board directs Michel Joseph Meilleur c.o.b. as M & M System Interior to pay to the applicant the sum of $11, 967.89 forthwith.
"David A. McKee"
for the Board