[1989] OLRB Rep. December 1250
2014-88-G United Brotherhood of Carpenters and Joiners of America, Local 27, Applicant v. Real Carpenters, Respondent
BEFORE: R. A. Furness, Vice-Chair, and Board Members D. A. MacDonald and J. Redshaw.
DECISION OF THE BOARD; December 4, 1989
- In a decision dated December 14, 1988, the Board issued an arrest warrant in the usual form requiring the presence of Manuel Araujo at 9:30 a.m. on Monday, January 30, 1989, at the
continuation of its hearing in this matter at the Board's hearing rooms on the sixth floor of 400 University Avenue in the City of Toronto.
2, It appears that the Sheriff of the Judicial District of Peel was unable to execute the warÂrent against Manuel Araujo because he had left the country and was not expected to return to Canada until some time during the month of April, 1989. In these circumstances, the Board adjourned this application sine die for a period not exceeding one year.
3, In a decision dated July 31, 1989, the Board relisted this matter for hearing at the request of the applicant and again issued an arrest warrant in the usual form requiring the presence of Manuel Araujo at 9:30 a.m. on Monday, September 11, 1989, at the continuation of its hearing in this matter at the Board's hearing rooms on the sixth floor of 400 University Avenue in the City of Toronto. The Board was advised by the Sheriff of the Judicial District of Peel that he had been unable to find Manuel Araujo and had accordingly been unable to execute the warrant for the arrest of Manuel Araujo. In a decision dated September 25, 1989, the Board stated as follows:
This is not the first occasion on which the sheriff has been unable to execute a warrant for the arrest of Manuel Araujo. It is the responsibility of the applicant to ascertain the address of Manuel Araujo so that the Board may advise the sheriff where to execute the warrant for the arrest of Manuel Araujo. Accordingly, the Board directs the applicant to advise the Board of the address of Manuel Araujo so that the sheriff may be able to execute the warrant for the arrest of Manuel Araujo and the Board may proceed to hear this referral under section 124 of the Labour Relations Act.
In these circumstances, the hearing in this matter is adjourned. This matter is referred to the Registrar for the purpose of relisting for hearing at the earliest possible date upon the applicant providing the Board with the correct address of Manuel Araujo.
The applicant has now advised the Board by letter of the present address of Manuel Araujo and has again requested that this matter be set down for hearing. The Registrar has listed this matter for hearing on January 11, 1990. In these circumstances, the Board again issues an arrest warrant in the usual form requiring the presence of Manuel Araujo at 9:30 a.m. on ThursÂday, January 11, 1990, at the continuation of its hearing in this matter at the Board's hearing rooms on the six floor of 400 University Avenue in the City of Toronto.