Universal Workers Union, L.I.U.N.A. Local 173 v. 675602 Ontario Limited/Ereddia Forming
File No.: 3506-99-G Date: March 14, 2000
Before: David A. McKee, Vice-Chair.
Decision of the Board
1This is an application for the referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995, S.O. 1995 ch.1 (the "Act"). The applicant sought previously to have the Board issue certain orders in the absence of a response of any sort, and specifically a Form A-87, from the responding party. The Board declined to do so, solely because the applicant had not yet proved status. Had this issue not been present in the file the Board would likely have granted the relief sought and cancelled the hearing.
2The issue of the applicant's status as a trade union will be determined in Board File 3039-99-R, presently set for hearing on April 11, 2000. The applicant has asked that the Board adjourn this application sine die. It does not have the consent of the responding party, which has not responded in any manner to the grievance or application. It is evident that the first matter the Board would have to deal with in this application is the status of the applicant. In Board File 3039-99-R the Board has ordered certain documents produced. Since the decision in that file was issued March 14, 2000 the applicant in this case could not possibly be prepared to deal with this issue, or likely even to produce the documents, on March 15, 2000. That is, this case would likely be adjourned in any event. This virtual certainty, combined with the fact that the responding party is in default of filing the Form A-87, and is therefore not entitled to participate in this proceedings at this point (see Rule 151), causes the Board to adjourn this matter sine die.
3If the applicant does not request that this matter be relisted for hearing within one year of the date hereof, it shall be deemed to be dismissed by the Board.
"David A. McKee"
for the Board