Carpenters and Allied Workers Local 27 v. Bruce S. Evans Limited et al.
Board File Nos.: 3132-99-R, 3140-99-G
3132-99-R Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Bruce S. Evans Limited and 798677 Ontario Limited and BGI Constructors and Forrec International Incorporated and Macklaim Construction Limited and Muskoka Grandview Property Corporation and Muskoka Ready Mix Inc. and Evanco Inc. and Echo Valley Resort Corporation and Evanco Construction Company Limited and Evanco Corporation and Fowler Construction Company Limited, Responding Parties.
3140-99-G Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Bruce S. Evans Limited and 798677 Ontario Limited and BGI Constructors and Forrec International Incorporated and Macklaim Construction Limited and Muskoka Grandview Property Corporation and Muskoka Ready Mix Inc. and Evanco Inc. and Echo Valley Resort Corporation and Evanco Construction Company Limited and Evanco Corporation and Fowler Construction Company Limited, Responding Parties.
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; February 3, 2000
1This matter is a referral of grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”) that was filed with the Board on January 24, 2000. In support of its application, the applicant states that it relies on the facts as alleged in its application under section 69 and 1(4) of the Act that was filed on the same date. In short, the applicant needs to obtain a declaration pursuant to section 69 of 1(4) of the Act in order to establish that all of the named responding parties are bound to the Carpenters Provincial Collective Agreement. In the event the applicant is not successful in whole or in part with its application under section 69 and 1(4) of the Act, the grievance could not proceed as against all of the named responding parties.
2Having regard to the foregoing, counsel for one or more of the responding parties wrote to the Board and requested that the Board extend the time limits for the filing of the Form A-87 – Request for Hearing and Notice of Intent to Defend/Participate and payment of the filing fee. In counsel’s submission, the responding parties should not be required to file a Form A-87 or pay the filing fee until such time as the application pursuant to section 69 and 1(4) of the Act is concluded.
3Where a grievance is filed with the Board that is dependent upon the outcome of a companion application under section 69 and 1(4) of the Act, it is the Board’s usual process to list both matters for hearing together, however, at the commencement of the hearing, the panel directs that the grievance be adjourned pending the outcome of the application under section 69 and 1(4) of the Act. Depending upon the outcome of the application under section 69 and 1(4) of the Act, the grievance may never be heard by the Board.
4As a result, and having regard to the request for an extension, the Board hereby exercises its power pursuant to section 49 of the Board’s Rules of Procedure and grants the responding parties an extension of time for the filing of the Form A-87 and payment of the filing fee. Following the resolution of Board File No. 3132-99-R, the responding parties are required to file a Form A-87 and pay the filing fee within 10 calendar days of receipt of correspondence from the applicant indicating that the Registrar of the Board has been asked to list this matter, Board File No. 3140-99-G, for hearing.
“D. L. Gee”
for the Board