Universal Workers Union, L.I.U.N.A. Local 183 v. Sanan Construction
3736-99-G Universal Workers Union, L.I.U.N.A. Local 183, Applicant v. Sanan Construction, Responding Party.
BEFORE: John Morgan Lewis, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; March 28, 2000
1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c. 1, (the "Act"). The referral was made on March 16, 2000. The accompanying Certificate of Delivery (Form A‑86) states that the responding party was served on March 15, 2000 by delivering a copy of the necessary documents required by Rule 155 of the Board's Rules of Procedure. The Registrar faxed a copy of the Confirmation of Filing of a Referral of Grievance to Arbitration (Form B‑67) to the fax number provided the responding party in the application, 905-669-5598 on March 17, 2000 at 2:37 p.m.
2The applicant seeks declaratory relief as well as an order from the Board directing the responding party to pay the amount of $47,756 representing damages resulting from violation to the collective agreement between the Greater Toronto Sewer & Watermain Contractors’ Association and Labourers’ International Union of North America, Local 183 and Teamsters Local 230 effective from May 1, 1998 to April 30, 2001 (the “collective agreement”). The responding party filed a Request for Hearing and Notice of Intent to defend/Participate (Form A‑87) on March 27, 2000. The Board's Rules of Procedure require that to avoid default proceedings, Form A-87 must be delivered to the Board and the applicant within five days of the date of the Board's Confirmation of Filing (Form B‑67). The responding party did not comply with Rule 158 of the Board’s Rules of Procedure as Form A-87 was not delivered to the Board within five days.
3The Board chooses, however, to exercise its discretion and relieve against the application of Rule 158, in accordance with its powers under Rule 44. The Board notes that the responding party filed its Form A-87 only one day after the prescribed time period and that the principal of the responding party had been away from his office on vacation and was not immediately aware of the filing of the grievance referral. The Board further notes that in this application (as well as in a number of other matters before the Board) the name of the applicant is “Universal Workers Union, L.I.U.N.A. Local 183”. Although the applicant claims that it and the responding party are bound to the collective agreement, the name of the applicant is not referenced to as a party to the collective agreement.
4Having regard to these circumstances, the Board cannot issue a default decision. The matter is set down for hearing on April 4, 2000.
“John Morgan Lewis”
for the Board