2263-01-G Universal Workers Union, L.I.U.N.A., Local 183, Applicant v. Finishing Touch Concrete & Excavating Inc., Responding Party.
BEFORE: John Morgan Lewis, Vice-Chair, and Board Members J. Knight and G. McMenemy.
APPEARANCES: Michael O’Brien and Calvin Bolger for the applicant; no one appearing for the responding party.
DECISION OF THE BOARD; November 27, 2001
1This is a referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995, S.O. 1995 c.l, as amended (the “Act”). On the date scheduled for hearing of this matter, no one appeared for the responding party. The Board proceeded at 10:00 a.m.
2The Board’s Notice of Hearing sets out the consequences for failing to attend at the hearing. Paragraph 5 of the Notice of Hearing states:
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.
3Having regard to the evidence and submissions before us, we hereby:
a) declare that Finishing Touch Concrete & Excavating Inc. (“Finishing Touch”) is bound to the Provincial Collective Agreement between the Labourers’ Employer Bargaining Agency and the Labourers’ International Union of North America, Ontario Provincial District Council (the “collective agreement”);
b) declare that Finishing Touch violated the terms and conditions of the collective agreement;
c) order Finishing Touch to pay forthwith to the applicant the sum of $4,430.45 representing damages arising from the aforementioned violations of the collective agreement;
d) direct Finishing Touch to pay forthwith to the applicant the sum of $749.00 in accordance with section 133(13) of the Act.
“John Morgan Lewis”
for the Board