0906-00-G Central Ontario Regional Council of Carpenters Drywall and Allied Workers, Local 785, United Brotherhood of Carpenters and Joiners of America, Applicant v. Build Force Construction and/or 1404406 Ontario Limited a.k.a.
Build-Force Construction 2000, Responding Parties.
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members G. Pickell and
A. Haward.
DECISION OF THE BOARD; August 16, 2000
1This is a referral of a grievance in the construction industry pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”).
2In a decision dated July 11, 2000, the Board directed the applicant provide information to permit it to deliver Form B-67 to 1404406 Ontario Ltd. a.k.a. Build-Force Construction 2000.
3The applicant provided the information in a letter dated July 7, 2000. The applicant also indicated its position that even if the Board is unable to deliver to that address, the applicant is still entitled to rely on it because it is the most recent information the responding party has provided to the Ministry of Consumer & Commercial Relations.
4The Confirmation of Filing of Referral of Grievance to Arbitration and Notice of Hearing that were sent both to Build Force Construction and 1404406 Ontario Limited a.k.a. Build-Force Construction 2000 have been returned by Purolator Courier with the notation “no longer there (out of business)” or “incomplete address”. Whatever the truth of those comments, the fact remains that the Board has not been able to deliver reasonable notice of hearing to the responding parties.
5Further, the Board is not content to deprive the responding parties of an opportunity to participate in the hearing merely because they appear to have failed to keep the Ministry of Consumer & Commercial Relations advised of their present address. When and if the applicant provides up to date contact information, the Board will again attempt to deliver notice. In the meantime, this matter is adjourned sine die for a period not exceeding one year. Unless within that time either party requests that the Board proceed with the matter, it will be deemed terminated without any further notice to the parties.
6The applicant is also directed to file the documents confirming that its materials were delivered to the responding parties.
“Mary Ellen Cummings”
for the Board