2981-99-U Hospitality & Service Trades Union, Local 261, Applicant v. ABM International Inc., Responding Party.
BEFORE: Laura Trachuk, Vice-Chair, and Board Members J. A. Rundle and
R. R. Montague.
DECISION OF THE BOARD; February 3, 2000
1This is an application under section 96 of the Labour Relations Act, 1995 alleging, among other things, that the applicant has failed to bargain in good faith. The applicant seeks an order from the Board directing the responding party to produce a particular document and to meet and negotiate towards a collective agreement. It also requests an order for undisclosed damages. The responding party has not filed a response to the application within the time required under the Board’s rules. In correspondence received by the Board on February 2, 2000 (attached) the applicant requests that the Board make the orders requested in the application as the facts alleged in that application are uncontested.
2Rule 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.
3The Board may therefore make some, or all, of the orders requested in the application without holding a hearing in circumstances such as these where the responding party has not filed a response. However, the Board has decided to provide the responding party with the opportunity to file submissions with respect to the applicant’s request before making that decision. The responding party’s submissions should be filed with the Board on or before Wednesday, February 9, 2000. A copy of the submissions, if any, should be provided to the applicant. The Board will decide after reviewing the submissions whether to make the orders requested by the applicant without a hearing.
“Laura Trachuk”
for the Board