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this Agreement, the parties agree that for the purposes of determining
any issue, the following presumption shall apply:
A statement signed by a member of the Union, a business
representative, a trustee or the administrator of a trust fund, shall be
prima facie evidence of the number of hours worked by members of the
Union, and of a failure to make the appropriate payments as required by
this Agreement. This evidence shall establish only a rebuttable
presumption and may be challenged by the Employer with proper
documentary evidence.
(ii) If the Ontario Labour Relations Board or a Board of Arbitration
to which a grievance alleging failure to make applicable payments
required by this Agreement, determines than an Employer has violated
provisions of ARTICLE 18 -, then the Ontario Labour Relations Board or the
Board of Arbitration shall also require the Employer to pay all reasonable
costs incurred by the Union in prosecuting the grievance, including but
not limited to all arbitration and/or Ontario Labour Relations Board fees,
legal fees and costs on a solicitor and client basis, travel, meal and
accommodations, cost of all witness and Business Representatives,
conduct money, costs incurred in serving a summons, any expenses
incurred by the Union pursuant to Section 133 of the
Ontario Labour
Relations Act
or otherwise, for the Ontario Labour Relations Board and/or
the Board of Arbitration.
18.13 When a delinquent Employer commences business or undertakes
a project for the first time in the area of a Local Union, the Local Union
may require an Employer to post or secure a letter of credit to cover any
delinquencies to the Trust Funds or Administrators as required by this
Agreement. The maximum amount of the letter of credit shall be the
amount the Employer would be expected to contribute for a four (4) month
period.
Master Portion - Provincial ICI
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