Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. E. Belluz & Sons Tile & Marble
File No.: 3825-98-G Date: November 27, 2000
Before: Harry Freedman, Vice-Chair, and Board Members G. Pickell and A. Haward.
Decision of the Board
1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended ("the Act") that was filed with the Board on February 10, 1999. Counsel for the applicant, when he filed the referral with the Board, requested that the Board waive the time limits under the Act and set the matter down for hearing for April 7, 1999. On April 6, 1999, the parties agreed to adjourn the matter to May 27, 1999.
2The Board (differently constituted) by decision dated May 27, 1999 adjourned this matter sine die on agreement of the parties. Subsequently, by letter dated February 11, 2000, counsel for the applicant asked the Registrar to reschedule this matter for hearing. As a result, the Board fixed March 7, 2000 as the next hearing date. By decision dated March 6, 2000, the Board once again adjourned this matter sine die on parties’ agreement. Counsel for the applicant advised the Board by letter dated June 30, 2000 that the parties had agreed that this matter should be listed for hearing once again and agreed that the hearing could take place on November 27, 2000.
3Counsel for the applicant, on the morning of the scheduled hearing, advised the Board that it was his understanding that the responding party would not be appearing. Counsel for the applicant requested leave of the Board to adjourn this application sine die in view of the absence of the responding party.
4Having regard to the request of the applicant made at the commencement of the hearing of this matter (which was stood down for thirty minutes to allow additional time for the responding party to appear, and in the absence of the responding party, although having notice of the hearing failed to appear at the scheduled hearing, the Board hereby adjourns this application sine die for an additional period not exceeding one year. Unless the applicant requests that the Board proceed with the matter within one year from the date of this decision, it will be deemed terminated without any further notice to the parties.
"Harry Freedman"
for the Board