Ontario Labour Relations Board
3311-99-G United Brotherhood of Carpenters and Joiners of America, Local 494, Applicant v. P.S.P. Erectors Inc., Responding Party.
BEFORE: Harry Freedman, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; February 23, 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 as amended (the "Act"). This matter was originally scheduled for hearing on February 25, 2000. Unfortunately, the Board was unable to confirm that the responding party had received the Confirmation of Filing of Referral of Grievance to Arbitration and Notice of Hearing, and therefore could not deal with the matter until it was satisfied that the confirmation had been received (or at the very least, forwarded to the correct address or facsimile telephone number) by the responding party.
Counsel for the applicant has now provided the Board with the responding party’s correct address and facsimile number. The Board transmitted its Confirmation of Filing of Referral of Grievance to Arbitration and Notice of Hearing to the responding party at the facsimile number provided by the applicant ((780) 433-3535) at 5:13 p.m. on February 22, 2000. It also appears from the courier records maintained by the mailroom used by the Board that the documents were delivered by courier to the responding party on February 15, 2000.
Counsel for the applicant, in light of the difficulties encountered in ensuring that the responding party had notice of this proceeding, has requested that the hearing be adjourned until March 10, 2000 so that this referral may be properly processed by that time.
The Board therefore adjourns the hearing scheduled for Friday, February 25, 2000 to Friday, March 10, 2000. Should the responding party fail to file a Request for Hearing and Notice of Intent to Defend/Participate in accordance with the Board’s Rules on or before March 1, 2000, the Board may proceed to determine the matter on the basis of only the materials filed by the applicant.
This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board