3247-99-G Universal Workers Union, L.I.U.N.A. Local 183, Applicant v. Mardave Construction (1990) Ltd., Responding Party.
BEFORE: Harry Freedman, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; February 9, 2000
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"). The referral was filed by the applicant on February 4, 2000 and states in the certificate of delivery appended to it that the referral and the additional requisite material prescribed by Rule 155 had been sent to the responding party by facsimile transmission at 1:12 p.m. on February 3, 2000. The Board sent the responding party the confirmation of filing by facsimile transmission on February 4, 1999.
2The responding party advised the Board by facsimile transmission on February 8, 2000 that it did not receive the referral and relevant documents from the applicant. The Board notes parenthetically that the documents the applicant purported to have sent to the responding party by facsimile transmission and filed with the Board in this matter was comprised of over 125 pages of materials.
3Under the circumstances, the applicant is directed to deliver to the Board and to the responding party on or before Monday February 14, 2000 the evidence it relies on to establish that the documents it certified as having been sent to the responding party by facsimile transmission were actually received by the responding party. (See Rule 23 of the Board’s Rules of Procedure.) Should the applicant fail to deliver that evidence to the Board and to the responding party by that date, this referral will be dismissed.
4This panel of the Board remains seized with determining whether the applicant complied with Rule 155 of the Board’s Rules of Procedure in relation to this referral the consequences of that determination.
5The time for the responding party to file a Request for Hearing and Notice of Intent to Defend/Participate (Form A-87) is hereby extended to two days after the date the Board issues the decision contemplated by paragraph 4 above.
“Harry Freedman”
for the Board