Construction Workers Local 52 affiliated with the Christian Labour Association of Canada v. MegaTech Contracting International Ltd.
1319-00-G Construction Workers Local 52 affiliated with the Christian Labour Association of Canada, Applicant v. MegaTech Contracting International Ltd., Responding Party.
BEFORE: Harry Freedman, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; August 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 (the "Act"). Megatech Electrical Limited advised the Board that the address and telephone number the applicant provided for the respondent in this matter belong to Megatech Electrical Limited. The applicant, by letter dated August 8, 2000, apparently in response to the Board's decision of that date, states:
The correspondence received from the respondent on "MegaTech Electrical Ltd." letterhead is a related employer to "MegaTech Contracting International Ltd." The former is operated by the father, Phil Harris, and the latter is operated by his daughter, Danielle Harris. Both companies share the same office space and administrative staff.
The Board received nothing from the respondent which is MegaTech Contracting International Ltd. It received correspondence from Megatech Electrical Limited. As for whether the respondent is related to Megatech Electrical Limited, that is a matter that the applicant may wish to raise in an appropriate manner in accordance with the Board's Rules.
2The Board in its August 8, 2000 decision wrote:
The Board cannot determine at this time whether Megatech Electrical Ltd. and the responding party have any connection with one another. It is clear, however, that the proceeding affects only the responding party and not Megatech Electrical Ltd. at the present time. If the applicant does not have the correct address, phone number or facsimile number for the responding party, then should the applicant seek to obtain something directly from the responding party, it may be required to prove that the responding party had notice of this proceeding before the Board. Furthermore, if the applicant at some point seeks to establish that this proceeding affects Megatech Electrical Ltd., it will have to ensure that Megatech Electrical Ltd. is named as a party to this proceeding.
That continues to the situation.
3This matter may therefore continue to be dealt with in accordance with the Board's Rules. This panel of the Board is not seized with this matter.
"Harry Freedman"
for the Board