1355-01-G International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736, Applicant v. The On-Site Group Inc., Responding Party v. Ontario Erectors Association, Incorporated, Intervenor.
BEFORE: Marilyn Silverman, Vice-Chair.
APPEARANCES: Frederica Wilson and Terry Armstrong for the applicant; no one appearing for the responding party.
DECISION OF THE BOARD; September 6, 2001
This is an application for a referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”). The application was made on August 8, 2001. The accompanying Certificate of Delivery indicates that the responding party was served on August 8, 2001 by delivering a copy of the necessary documents required by Rule 155 to the responding party by Priority Courier on August 7, 2001 with a promise of delivery by August 8, 2001. The Registrar faxed a Confirmation of Filing of a Referral of a Grievance to Arbitration and Notice of Hearing (From B-67) to the fax number provided for the responding party in the application on August 9, 2001.
The Form B-67 provides in paragraph 3 that:
The failure to file a timely Request in the way required by the Board’s Rules of Procedure may result in the referral being decided without a hearing and without further notice to the defaulting party.
Further in paragraph 4 the Form B-67 provides that:
IF YOU DO NOT ATTEND THE HEARING, THE BOARD MAY DECIDE THE REFERRAL WITHOUT FURTHER NOTICE TO YOU AND WITHOUT CONSIDERING ANY DOCUMENT YOU MAY HAVE FILED.
The Ontario Erectors Association, Incorporated, filed an intervention in connection with this matter but advised the Board prior to the date scheduled for hearing that its intervention was withdrawn.
The responding party did not file a Request for Hearing and Notice of Intent to Defend nor did it attend at the hearing scheduled in this matter for August 24, 2001. The Board waited the usual ½ hour and proceeded in the absence of the responding party.
The applicant contends that it referred three individuals to a job pursuant to a request and that the responding party did not hire them contrary to the provisions of the collective agreement between the parties. The Board heard sworn evidence of Mr. Terry Armstrong, the business agent for the applicant. The evidence was that the three journeyman ironworkers lost 11 days of work at a standard workday of 8 hours. The rate set out in the collective agreement for this work is $38.27 per hour which daily wages and benefits totalling $306.16. The total damages are in the amount of $10,103.28.
Having regard to that evidence and the material supplied in support of it, none of which has been contested by the responding party, the Board finds as follows:
a) the applicant and the responding party are bound to the Ontario Erectors Association and the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers effective May 1, 2001 to April 30, 2004 ( the “collective agreement”);
b) the responding party has violated the collective agreement and in particular Articles 1.5, 2.1(a) and or 2.7 by failing to hire three members of the applicant referred to a job in the Toyota plant in Cambridge;
c) as a result of the breach the applicant has suffered damages in the amount of $10,852.28 (including the reimbursement for filing fees in this application).
- The Board therefore makes the following declarations and orders:
a) declares that The On-Site Group Inc. is bound to the collective agreement between the Ontario Erectors Association and the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers;
b) declares that The On-Site Group Inc. has violated the collective agreement by not hiring the employees referred to them by the applicant in accordance with the collective agreement;
c) order The On-Site Group Inc. to pay to the applicant the amount of $10,852.28 for damages and filing fees.
“Marilyn Silverman”
for the Board