2403-98-R; 2405-98-G International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Applicant v. Big “B” Steel Erectors Inc., 1246074 Ontario Limited, c.o.b. as Sunset Construction, Spud Erectors Inc., Responding Parties.
BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD; July 21, 2000
The Board has received submissions from the applicant dated July 19, 2000. The applicant essentially asks the Board to strike the pleadings of the three responding parties and to determine the case on the basis that all of the facts stated in the application are true. The responding parties are directed to file their responses with counsel for the applicant and the Board on or before 5:00 p.m., August 3, 2000.
The Board has a number of questions it wishes the parties to address in their submissions. First it is alleged that Spud Erectors Limited is in “partial default” of its obligation to produce the documents the Board required it to produce in its decision of December 15, 1999. The Board would like submissions on the extent of the alleged “partial” default.
Second, the Board is concerned about the interest any of the responding parties has in proceeding. Big “B” Steel Erectors Inc. has never filed a response. Sunset Construction has filed a response. However, the last correspondence from the Board to the address given by Sunset Construction has been returned indicating the party is no longer at that address. Counsel for Spud Erectors Inc., who filed the response, has removed himself from the record and no one has indicated they have replaced him. The Board does have an interest in ensuring that days fixed for a hearing will in fact be used by the parties who indicated that the four days would be necessary.
The responding parties are to file their responses, as indicated by August 3, 2000. The applicant is to file its reply submissions on or before August 10, 2000.
“David A. McKee”
for the Board