2771-99-R International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786, Applicant v. Calorific Construction Limited, Bramkal Contractors Inc., Responding Parties.
2776-99-G International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786, Applicant v. Bramkal Contractors Inc., Responding Party v. International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128, Intervenor.
BEFORE: John Morgan Lewis, Vice-Chair, and Board Members J. G. Knight and
G. McMenemy.
DECISION OF THE BOARD; May 2, 2000
This is an application under section 69 and subsection 1(4) of the Labour Relations Act, 1995 (the “Act”).
In its decision dated March 9, 2000, the Board deemed the responding parties to have accepted all of the facts stated in the application to be true. In the same decision the Board noted that Form B-25(A) (Notice to Employees of Application under Section 69 and Subsection 1(4) of the Act) had not been posted for the employees for the responding parties. The Board has now been advised that Form B-25(A) has been posted and is prepared to deal with this matter based upon the materials before it.
The applicant asks that the Board decide the application on the facts alleged in the application without scheduling a hearing. Rule 41 of the Board’s Rules of Procedure provides as follows:
“If a party receiving notice of an application does not file a response in the way required by these Rules, he or she may be deemed to have accepted all of the facts stated in the application, and the Board may cancel a hearing or consultation, if one is scheduled, and decide the case upon the material before it without further notice.”
For the reasons set out in GB Limited, [1993] OLRB Rep. June 503, there are good policy reasons for not expending time and resources on matters which are not in dispute or are not defended. Accordingly, and as stated earlier, we declare that the facts as alleged in the application are deemed to be accepted by the responding parties. These facts so found make out a prima facie case, both for the statutory pre-conditions for the exercise of the Board’s jurisdiction under section 1(4) of the Act and for the exercise of its discretion in favour of the applicant.
Having regard to the materials filed with the Board and the submissions of counsel for the applicant, the Board:
a) declares that Calorific Construction Limited and Bramkal Contractors Inc. be treated as constituting one employer for the purposes of the Act in that, at all material times they were carrying on associated or related businesses or activities under common direction and control within the meaning of section 1(4) of the Act;
b) declares that Calorific Construction Limited and Bramkal Contractors Inc. are bound to the collective agreement between the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, et al. and the Ontario Erectors Association, Incorporated et al. effective from May 1, 1998 to April 30, 2001.
- Board File No. 2776-99-G is referred to the Registrar to be processed in the normal course.
“John Morgan Lewis”
for the Board