J. Pickell

The applicant union referred a construction industry grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding party failed to post a $5,000 bond after being deemed a delinquent employer for late benefit contributions.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the Board proceeded without a hearing, deemed the applicant's factual allegations to be true, and found the responding party in violation of the provincial collective agreement.

The Board ordered the responding party to post the required bond and pay costs.

The applicant union sought certification as the bargaining agent for carpenters and carpenters' apprentices employed by the responding party.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the union, and with no outstanding issues between the parties, the Board directed the issuance of certificates.

Pursuant to section 160(1) of the Act, one certificate was issued for the industrial, commercial and institutional sector province-wide, and another for all other sectors in the specified geographic areas.

The Ontario Labour Relations Board adjourned the scheduled hearing dates for two files on the agreement of the parties.

The Board directed the Registrar to list all four related matters together for hearing on May 24, and August 16 and 17, 2000.