[1987] OLRB Rep. October 1250
1448-87-R United Brotherhood of Carpenters & Joiners of America, Local Union 27, Applicant v. Hollingworth Drain Services, Respondent
BEFORE: G. T. Surdykowski, Vice-Chair, and Board Members D. A. MacDonald and J. Redshaw.
DECISION OF THE BOARD; October 16, 1987
1By letter dated October 5, 1987, the applicant, through his counsel, requested that the Board convene a hearing to deal with the issue of the status of the intervener prior to the examinations scheduled by the Labour Relations Officer authorized by the Board to enquire into and report to the Board with respect to the list and composition of the bargaining unit herein.
2The procedure relating to enquiries conducted by Labour Relations Officers is set out in Board Practice Note #4. For matters not specifically dealt with by Practice Note #4, the appropriate procedure to follow is by analogy to it. Practice Note #4 contemplates that all parties be given an opportunity to examine those witnesses whom they choose to call and to cross-examine those witnesses called by another party or who are initially examined by the Officer. Issues of law, including preliminary ones such as the status of a party to participate in a proceeding, are appropriately dealt with after the Board has received the Labour Relations Officer's report and the submissions of the parties with respect thereto.
3In our view, it would not be appropriate for the Board to depart from its usual practice in this case. Accordingly, the applicant's request is denied and the Board Officer is directed to continue with his enquiry.