Permacon Ottawa, a Division of Groupe Permacon Inc. v. Labourers’ International Union of North America, Local 527
File No.: 2853-99-U Applicant: Permacon Ottawa, a Division of Groupe Permacon Inc. Responding Party: Labourers’ International Union of North America, Local 527
Before: M. A. Nairn, Vice‑Chair
Decision of the Board: April 20, 2000
1This is an application brought pursuant to section 96 of the Labour Relations Act, 1995 (the “Act”) alleging a violation of sections 2(7) and 76 of the Act. In its response the responding party asserted that there is no prima facie case for the remedy requested and requested that the matter be dismissed. By endorsement dated February 21, 2000 the Board directed the filing of submissions on that issue. I have received and reviewed those submissions.
2In the circumstances, I am not prepared to deal with this preliminary issue on the basis of the written material filed. However I am also not satisfied that it is appropriate to direct that this matter be processed in the normal course as yet. Therefore I direct that Board File No. 2853-99-U be listed for hearing for the purpose of hearing the parties’ evidence and submissions on the preliminary issue of whether or not the application makes out a prima facie case for the remedy requested. The hearing is scheduled for Wednesday, May 17, 2000 in the “Board Room”, 2nd floor, at the Ontario Labour Relations Board, 505 University Avenue, Toronto, Ontario, commencing at 9:30a.m.
3This panel is seized.
“M. A. Nairn”
for the Board