Laborers’ International Union of North America, Local 491 et al. v. Laborers’ International Union of North America et al.
File Nos.: 0672-00-M; 0673-00-U Date: June 2, 2000
Before: R. O. MacDowell, Chair.
Decision of the Board
1This is a complaint under section 96 of the Labour Relations Act (“the main application”) which is accompanied by an application for “interim relief”. The details of the main application need not be set out here. It suffices to say that the case involves a proposed “restructuring” of the applicant locals, that has been initiated or supported by the responding parties. The applicants claim that this proposed “restructuring” is contrary (inter alia) to the so-called “Bill 80” amendments to the Labour Relations Act, now appearing as sections 145-150 of the Act. The interim relief application seeks various orders respecting the dealings between the applicants and the respondents, pending the final resolution of the main application/complaint.
2Having reviewed the material and the nature of the issues, I do not think that the responding parties should be obliged to respond within the relatively tight time-frames stipulated in the Board’s Rules on applications for interim relief. This is, in some respects, a novel and atypical section 96 case – as is perhaps illustrated by the hefty volume of documents filed in connection with the matter, and by the applicants’ request of May 30, 2000, that a number of employer organizations should be given notice of the proceedings, since they may be affected parties and potential interveners. (In that regard, if the applicants have not already done so, they are directed to serve copies of the pleadings and documentation on those potential parties.) However, while it is important to address the applicants’ complaint in a timely manner, it is also important in this kind of case, that the other parties have a fair opportunity to frame their response; moreover, it is not without significance that the mere filing of the complaint may suspend the implementation of certain of the decisions that the applicants are complaining about (see section 147(5) of the Act).
3The responding parties and the interveners, if any, are hereby relieved of the time limitations for filing responses and material, provided in the Rules.
4Instead, the time schedule for filing responses, and for setting the date for any hearing that may be required, will be set out below.
5The named respondents will have until Friday, June 16, 2000 (the terminal date) to serve and file their replies, together with any documents upon which they rely, in respect of either the main application, or the application for interim relief.
6The interveners, if any, must serve and file their interventions and any supporting documents by the same date.
7The application for interim relief will be considered by a panel of the Board on Friday, June 23, 2000, and, as necessary, on such further days as the Board may direct.
8The main application will be scheduled for hearing, thereafter, having regard, inter alia, to the disposition of the application for interim relief.
9It is desirable that both aspects of the case (i.e. the main application and the request for interim relief) be adequately pleaded, and that they be dealt with by the same “construction panel”.
10The parties’ attention is directed to the recent, as yet unreported, decision of the Board dated April 28, 2000, in File Number 3953-99-M where the Board discussed the availability of substantive interim relief under the Act as amended by Bill 31.
11Should the parties (or any of them) consider it advisable for the Board to make any further procedural directions or to arrange a pre-hearing conference, they may make such request in writing.
12Finally, the Board hereby appoints a Labour Relations Officer to explore with the parties the possibility of resolving this dispute without formal litigation.
“R. O. MacDowell”
for the Board