Arbitrator orders employer provide contributions, information
An arbitration hearing regarding an employer's apparent lack of contributions went ahead, despite a lack of representation from the employer.
The grievance concerned a collective agreement between the United Brotherhood of Carpenters and Joiners of America Local 1325 and the Manitoba-based Drytec Interiors which required the company to make contributions to the union’s Health and Wellness Plan, its Pension Trust Fund and to the Alberta Carpenter Training and Apprenticeship Competition Fund.
Contributions to the programs in question were to be made with respect to every hour worked by each employee. In addition to making the required contributions by the 15th day of each month, the employer was also required to report the particulars of the wages and contributions.
While the employer made the necessary reports for the months of July and August in 2015, it did not make its contributions in a timely manner. Furthermore, the employer failed to provide reports or make contributions for the months of September, October, November and December.
On Dec. 11, 2015, the union filed a grievance. D.P. Jones was appointed as arbitrator and a hearing was scheduled.
The employer provided the union with a report of hours worked by employees in September and October, but stated no employees worked in November or December. Further, the employer informed the union through email that its representative would attempt to attend the hearing but would likely arrive late.
The union replied that the employer had never indicated it required additional time to prepare for the hearing and that, because the nature of the grievance required immediate action, the hearing would not be adjourned.
The hearing was convened on Jan. 18 and no representative appeared for the employer. Jones agreed with the union that it was not appropriate to adjourn the hearing considering the circumstances and instead granted an award requiring the employer to pay its outstanding contributions for the Health and Wellness Plan, the Pension Plan and the Alberta Carpenter Training and Apprenticeship Competition Fund for July and August in the amount of $61,597.62 within seven days of the issuance of the award.
Jones also ordered the employer to provide the union with information regarding the number of hours worked by employees during the months of September, October, November and December.
Additionally, the award required the employer to pay the contributions required for the months of September, October, November and December within seven days of the issuance of the award.
Finally, the employer was ordered to pay $4,433.85 for the costs of the arbitrator within seven days of the issuance of the award.
Reference: Drytec Interiors and the United Brotherhood of Carpenters and Joiners of America Local 1325. D.P. Jones — arbitrator. Patrick Nugent for the union. Jan. 20, 2016.
The grievance concerned a collective agreement between the United Brotherhood of Carpenters and Joiners of America Local 1325 and the Manitoba-based Drytec Interiors which required the company to make contributions to the union’s Health and Wellness Plan, its Pension Trust Fund and to the Alberta Carpenter Training and Apprenticeship Competition Fund.
Contributions to the programs in question were to be made with respect to every hour worked by each employee. In addition to making the required contributions by the 15th day of each month, the employer was also required to report the particulars of the wages and contributions.
While the employer made the necessary reports for the months of July and August in 2015, it did not make its contributions in a timely manner. Furthermore, the employer failed to provide reports or make contributions for the months of September, October, November and December.
On Dec. 11, 2015, the union filed a grievance. D.P. Jones was appointed as arbitrator and a hearing was scheduled.
The employer provided the union with a report of hours worked by employees in September and October, but stated no employees worked in November or December. Further, the employer informed the union through email that its representative would attempt to attend the hearing but would likely arrive late.
The union replied that the employer had never indicated it required additional time to prepare for the hearing and that, because the nature of the grievance required immediate action, the hearing would not be adjourned.
The hearing was convened on Jan. 18 and no representative appeared for the employer. Jones agreed with the union that it was not appropriate to adjourn the hearing considering the circumstances and instead granted an award requiring the employer to pay its outstanding contributions for the Health and Wellness Plan, the Pension Plan and the Alberta Carpenter Training and Apprenticeship Competition Fund for July and August in the amount of $61,597.62 within seven days of the issuance of the award.
Jones also ordered the employer to provide the union with information regarding the number of hours worked by employees during the months of September, October, November and December.
Additionally, the award required the employer to pay the contributions required for the months of September, October, November and December within seven days of the issuance of the award.
Finally, the employer was ordered to pay $4,433.85 for the costs of the arbitrator within seven days of the issuance of the award.
Reference: Drytec Interiors and the United Brotherhood of Carpenters and Joiners of America Local 1325. D.P. Jones — arbitrator. Patrick Nugent for the union. Jan. 20, 2016.
