1319-00-G Construction Workers Local 52 affiliated with the Christian Labour Association of Canada, Applicant v. MegaTech Contracting International Ltd., Responding Party.
BEFORE: Harry Freedman, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; August 8, 2000
- This 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 (the “Act”). Attached to the referral was a grievance letter dated June 16, 2000 addressed to the responding party to the attention of “Danielle Harris” at P.O. Box 13, Stn. Main, Stittsville, On. The Board received from an entity named “Megatech Electrical Ltd.” a facsimile transmission dated August 4, 2000 in which Megatech Electrical Ltd. states:
Please note that your offices and the Christian Labour Association of Canada, Local 52, have faxed grievances that pertain to Megatech Contracting (International) Ltd. to the offices of Megatech Electrical Ltd.
Megatech Electrical Ltd. does not have a Collective Agreement with CLAC.
Could you please notify your offices as well as the offices of CLAC of this error.
The address appearing at the bottom of the document received by the Board is P.O. 400, 1476B Main Street, Stittsville, Ont. The telephone number and the facsimile number are the same as the telephone and facsimile number appearing on the material filed by the applicant in respect of the responding party.
The Board cannot determine at this time whether Megatech Electrical Ltd. and the responding party have any connection with one another. It is clear, however, that the proceeding affects only the responding party and not Megatech Electrical Ltd. at the present time. If the applicant does not have the correct address, phone number or facsimile number for the responding party, then should the applicant seek to obtain something directly from the responding party, it may be required to prove that the responding party had notice of this proceeding before the Board. Furthermore, if the applicant at some point seeks to establish that this proceeding affects Megatech Electrical Ltd., it will have to ensure that Megatech Electrical Ltd. is named as a party to this proceeding.
This matter may therefore continue to be dealt with in accordance with the Board’s Rules. This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board