Ontario Sheet Metal Workers’ & Roofers’ Conference Sheet Metal Workers’ International Association, Local 537 v. CJA’s Construction Ltd., Triple-A Steel Erectors Ltd.
File No.: 1138-99-R Date: March 1, 2000 Ontario Labour Relations Board
Before: John Morgan Lewis, Vice-Chair
Decision of the Board
1This is an application filed under section 69 and 1(4) of the Labour Relations Act, 1995, S.O. 1995, c.1 (the "Act"). The application was filed with the Board on July 15, 1999. The Board provided a copy of the application to the responding parties by letter dated July 22, 1999. No response has been filed by either responding party. A hearing has been scheduled for March 17, 2000.
2On February 17, 2000, counsel for the applicant wrote to the Board requesting that pursuant to Rule 41 of the Board's Rules of Procedure, the Board deem the responding parties to have accepted all the facts set out in the application and grant the relief requested. In the alternative, counsel for the applicant requests that should the Board decide this matter on the materials before it, that the hearing scheduled for March 17, 2000 be adjourned to a date to be set in consultation with the applicant.
3Pursuant to Rule 41, the Board deems the responding parties to have accepted all the facts stated in the application to be true. The Board will not permit any of the responding parties to file a response or any other material without leave of the Board.
4There is nothing in the file to indicate that Form B-25(A) (Notice to Employees of Application under Section 69 and Subsection 1(4) of the Act) has been posted for the employees of the responding parties. The Board notes that the applicant has provided to the Board the respective address for each of the responding parties. The applicant has further advised the Board that Triple-A Steel Erectors, Ltd. is performing work at the Enrack Systems Inc. project located in Brantford, Ontario.
5The Registrar is directed to extend the terminal date in this matter to March 15, 2000. The Board, pursuant to section 111(2)(g) and (h) of the Act, appoints a Labour Relations Officer to enter any premises where work is being or has been done by employees of the responding parties on which the responding parties carries on business, whether or not the premises are those of the responding parties, and post therein or thereon Form B-25(a) (Notice to Employees of Application under Section 69 and Subsection 1(4) of the Act), in the above matter.
6I am seized of this matter and will deal with it once the terminal date is past. The hearing scheduled for March 17, 2000 is hereby adjourned.
"John Morgan Lewis"
for the Board