Ontario Labour Relations Board
United Brotherhood of Carpenters and Joiners of America Local Union No. 1669, Applicant v. David Sundmark c.o.b. as David Sundmark Construction, Responding Party.
BEFORE: Laura Trachuk, Vice-Chair, and Board Members G. Pickell and A. Haward.
APPEARANCES: Mike McCreary and John Johanson for the applicant; no one appearing for the responding party.
DECISION OF THE BOARD; May 28, 2001
1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995 (the “Act”). The Board is satisfied that the responding party was served with the necessary documents but it did not file a Request for Hearing or a Notice of Intent to Defend/Participate. No one appeared on the responding party’s behalf at the hearing scheduled for May 28, 2001. The Board is satisfied that the responding party had notice of the hearing.
2Based on the material presented at the hearing the Board is satisfied that the responding party is bound to 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.). The Board is also satisfied, based on the materials presented at the hearing, that the responding party has violated the collective agreement by failing to pay wages to one employee and by failing to remit benefit payments to the applicant on behalf of four other employees for the period from January 2000 to February 2001.
3David Sundmark c.o.b. as David Sundmark Construction is therefore hereby directed to pay to the applicant forthwith $50,614.86 as damages for violations of the collective agreement and for the costs of collecting those damages as provided in the collective agreement.
“Laura Trachuk”
for the Board