3202-99-R Universal Workers Union, L.I.U.N.A., Local 183, Applicant v. F.D. Begley & Associates and Newton Building Corporation (1997), Responding Parties v. United Brotherhood of Carpenters & Joiners of America; Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Intervenors.
BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; March 14, 2000
1This is an application for certification pursuant to the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995, ch.1 (the “Act”). A representation vote has been held and the ballots segregated and the ballot box sealed. The parties have raised a number of issues that can only be resolved at a hearing.
2The Registrar is directed to schedule one day for the hearing of this matter. Certain matters such as the status of the applicant as a trade union and the status of the intervenor in this application can be dealt with relatively expeditiously. After the preliminary matters have been decided, the parties can determine the number of days required to deal with the remaining issues, primarily the issues with respect to employees and the possible application of subsection 1(4). It will not be necessary to require the attendance of the employees whose status is in dispute on the first day set for hearing.
3In order to ensure that the Board is able to deal with all preliminary matters on the day set, the applicant is directed to file within ten working days of the date of this decision, all of the facts on which it relies in asserting that the two corporations ought to be declared to be one employer for the purposes of this application. A separate application might be appropriate. The responding parties are to respond to the particulars or application within ten days of receiving the applicant’s materials. Any intervention is to be filed within that same time frame.
4Further, all parties are directed to file with the Board and deliver to each other a copy of all documents on which the party intends to rely at any stage in the proceedings no later than ten days prior to the date set for the hearing of this matter. No party will be permitted to introduce any document not so filed absent the consent of the Board. Requests for production of further documents should be reduced to writing and filed with the Board prior to the day set for hearing so that those issues may be dealt with at that time as well.
5This panel is not seized of this matter.
“David A. McKee”
for the Board