Ontario Labour Relations Board
0543-99-R United Steelworkers of America, Applicant v. BOC Canada Limited, Responding Party.
BEFORE: Brian McLean, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
APPEARANCES: Cathy Braker and Brando Paris for the applicant; Julie O’Donnell, Louise Limoges, Jeanette Schepp and Bruce Hart for the responding party.
DECISION OF THE BOARD; January 21, 2000
1This is an application for certification.
2A hearing in this matter was scheduled to commence on January 21, 2000.
3At the commencement of the hearing, counsel for the employer advised the Board that certain employees of the employer had written to the Board requesting that the representation vote in this matter be overturned pursuant to section 11(2) of the Labour Relations Act, 1995 (“the Act”). Counsel advised that such employees had not received notice of the hearing, and therefore counsel asserted that the hearing ought to be adjourned.
4Counsel for the union objected to the adjournment request on the basis that the employees’ submissions were made outside of the time set by the Board for such submissions. Counsel also argued that the allegations were made too long after the factual allegations giving rise to their complaint in contravention of the Board’s Rules of Procedure.
5We also note that the employees did not deliver a copy of their request to the other parties, as required by the Board’s Rules. Since the Board no longer performs this function for parties, the other parties to this application were unaware of the employees’ requests.
6Regardless of the merit of the union’s arguments, the employees should have been given an opportunity to respond. Accordingly, we adjourned the hearing.
7The hearing in this matter is rescheduled for February 25, 2000, continuing on March 22, 2000, and will be held in the “Boardroom”, 2nd Floor, 505 University Avenue, Toronto, commencing at 9:30 a.m.
“Brian McLean”
for the Board