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facie evidence of a number of hours worked by members of
the Union, and of a failure to make the appropriate payments
as required by this Agreement. The evidence shall establish
only a rebuttable presumption and may be challenged by the
employer with proper documentary evidence.
If the Ontario Labour Relations Board or a Board of
Arbitration, to which a grievance alleging failure to pay
wages to employees or a failure to make appropriate pay-
ments to a trust fund or an administrator as required by the
Agreement, determines that an employer has violated the
Collective Agreement on the above grievance(s) then the
OLRB 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
legal costs on a solicitor-and-client basis, travel, meal and
accommodation cost of all witness and Business
Representatives, conduct money, cost incurred in serving a
summons, any expenses incurred by the Union pursuant to
Section 133 or otherwise, for the Board of Arbitration.
(b) Each employer shall contribute the relevant amount, including
Employer, Industry, training and development funds as per
Article 29 per hour for each hour earned by each employee
covered by this agreement . Overtime work shall be considered
on a straight time basis.
All welfare, dental, pension, SUB contributions and similar
contributions and all deductions shall be paid on the basis of
hours earned.
Hours earned shall mean the amount received by the employ-
ee (before deductions and not including vacation pay) divided
by the hourly wage rate.
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ARTICLE 20
DELINQUENT REMITTANCES
(a) When remittances in accordance with Articles 17 and 19 are
over 10 days in arrears, the employer shall pay to the Trustees
and/or to the Employer Association in the case of Employer
Industry, Training and Development Funds, as liquidated dam-
Article 20
29