3893-99-G United Brotherhood of Carpenters and Joiners of America, Local 2041, Applicant v. Larochelle Drywall Corp., Responding Party.
0321-00-M Larochelle Drywall Corp., Applicant v. United Brotherhood of Carpenters and Joiners of America, Local 2041, Responding Party.
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; May 3, 2000
Board File No. 3893-99-G is a referral of a grievance to arbitration that was scheduled to be heard on April 28, 2000. On April 26, 2000, counsel for Larochelle Drywall Ltd. (“Larochelle”) wrote to the Board and advised that Larochelle disputes that the work in question is within the industrial, commercial and institutional sector of the construction industry and makes application under section 166 of the Labour Relations Act, 1995 requesting that the Board determine that the work is in the residential sector (or not in the ICI sector) of the construction industry. The parties thus agreed to adjourn the hearing with respect to Board File No. 3893-99-G pending the outcome of the sector application.
Board File No. 0321-00-M is the sector application filed by Larochelle. The Board does not have any forms governing sector applications. Accordingly, the Board hereby makes the following orders and directions:
(i) Larochelle and the United Brotherhood of Carpenters and Joiners of America, Local 2041 (the “Carpenters”) are hereby directed to jointly compile a list of affected parties that one or both of them assert are entitled to be served with notice of this application (the “affected parties”);
(ii) Larochelle is directed to deliver:
(a) a copy of its letter of April 26, 2000 to the Board (the “sector application”);
(b) a copy of the grievance referral in Board File No.
3893-99-G;
(c) a full list of all of the contact names and addresses of Larochelle, the Carpenters and the affected parties (the “address list”); and
(d) a copy of this decision;
to each of the affected parties no later than June 1, 2000.
(iii) The Carpenters and any affected party that wishes to participate in the hearing to determine which sector of the construction industry the work performed by Larochelle at issue in Board File No. 3893-99-G falls is directed to deliver to Larochelle, the Carpenters and all of the other affected parties at the addresses indicated on the address list and file with the Board, a response to Larochelle’s sector application no later than July 21, 2000. Any response filed with the Board must contain a detailed statement of all of the material facts on which the party relies.
(iv) Larochelle is directed to deliver to all parties that deliver a response to it and file with the Board any reply submissions that it wished to make no later than August 18, 2000.
(v) Each party that wishes to participate in the hearing of the sector application is directed to deliver to Larochelle, the Carpenters and all affected parties that have filed a response and file with the Board, no later that 10 days before the first date set for hearing, three copies of all documents upon which it will be relying in this case. Documents filed with the Board must be in consecutively numbered pages and must be accompanied by a table of contents describing each document.
(vi) This matter is scheduled to be heard on September 6 and 7 and October 19 and 20, 2000 at the Board’s offices located at 505 University Ave. 2nd Floor, Toronto, Ontario commencing at 9:30 a.m. each day.
(vii) Board File No. 3893-99-G is adjourned pending the outcome of Board File No. 0321-00-M.
- I am not seized.
“D. L. Gee”
for the Board