Arlene Huggins

The applicant, who was self-represented, requested an adjournment of the scheduled hearing due to financial constraints preventing her from retaining counsel.

The Tribunal denied the request, finding no extraordinary circumstances to warrant a departure from its normal practice, as the applicant had ample time to obtain representation since filing the application.

The Tribunal also directed the applicant to immediately file the required hearing documents and witness statements, warning that failure to do so within seven days could result in her being barred from calling witnesses at the hearing.

The applicant union referred a grievance to arbitration under section 124 of the Labour Relations Act, alleging the respondent general contractor violated the Provincial ICI Agreement by subcontracting electrical work to a non-union contractor.

The respondent argued it was not bound by the 1962 working agreement, asserting it was signed without authority, under duress, or was an invalid pre-hire agreement since the respondent never directly hired electricians.

The respondent alternatively argued the union had abandoned any bargaining rights.

The Board held the 1962 working agreement was validly executed, constituted a series of voluntary recognition agreements, and was not abandoned.

The grievance was upheld.

The applicant sought to introduce a report and supplementary report prepared for the Ministry of Labour in 1980 by George W. Adams to show the mischief that existed prior to certain amendments to the Labour Relations Act.

The respondent objected to their admissibility.

The Ontario Labour Relations Board ruled that the reports were admissible for the purpose sought by the applicant.

The Board directed the parties to file written submissions on the probative value of the material.