Drywall Acoustic Lathing and Insulation Local 675 v. Lopes Drywall and Acoustics Inc.
1735-00-R Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Lopes Drywall and Acoustics Inc. and R.G.L. Drywall Inc., Responding Parties v. Masonry Council of Unions Toronto and Vicinity, Intervenor.
1736-00-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Lopes Drywall & Acoustics Inc., Responding Parties.
1737-00-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. R.G.L. Drywall Inc., Responding Party.
BEFORE: Harry Freedman, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; September 28, 2000
1The applicant filed an application for declaratory and other relief under sections 69 and 1(4) of the Labour Relations Act, 1995, S. O. 1995, c. 1 (the "Act") (Board File No. 1735-00-R) and two referrals of grievances to the Board for determination under section 133 of the Act, one naming Lopes Drywall and Acoustics Inc. as the responding party (Board File No. 1736-00-G) and the other naming R.G.L Drywall Inc. as the responding party (Board File No. 1737-00-G). Counsel for the applicant, in the transmittal letter with those three applications, advised the Board that the applicant is agreeable to waive the time limits imposed under section 133 of the Act for the setting down for hearing of those two referrals and to have the Board hold those two referrals under section 133 of the Act in abeyance pending the outcome of the application under sections 69 and 1(4) in Board File No. 1735-00-R.
2Under these circumstances, it is appropriate to adjourn the applications in Board File Nos. 1736-00-G and 1737-00-G pending the determination of the application in Board File No. 1735-00-R. Having regard to the transmittal letter from counsel for the applicant, the Board hereby adjourns the referrals in Board File Nos. 1736-00-G and 1737-00-G sine die. The applicant may request that the Board proceed with those two matters following the determination in Board File No. 1735-00-R within thirty days of that determination. Should no request be made to proceed within that time, those two referrals will be deemed terminated.
3R.G.L Drywall Inc. in its transmittal letter to the Board with its response to the application in Board File No. 1735-00-R stated:
In view of the applicant's request to hold the two section 133 referrals of a grievance to arbitration in abeyance pending the outcome of the section 69 and/or subsection 1(4) application, the responding party RGL Drywall Inc. will file its Notice of Intent to Defend and Response to the grievance referrals if it is appropriate to do so once the Board has made a determination with respect to the section 69 and/or subsection 1(4) application.
The Board agrees with R.G.L. Drywall Inc. In these circumstances, the Board hereby extends the time under Rule 158 for the responding parties to file a Request for Hearing and Notice of Intent to Defend/Participate (Form A-87) in Board File Nos. 1736-00-G and 1737-00-G to 10 days after the date the applicant advises the Board and the responding parties that it wishes those two matters to be set down for hearing.
4The application in Board File No. 1735-00-R is referred to the Registrar to be listed for hearing.
5This panel of the Board is not seized with this matter.
"Harry Freedman"
for the Board