1138-99-R Ontario Sheet Metal Workers’ & Roofers’ Conference Sheet Metal Workers’ International Association, Local 537, Applicant v. CJA’s Construction Ltd., Triple-A Steel Erectors Ltd., Responding Party.
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; April 12, 2000
1This is an application under section 69 and subsection 1(4) of the Labour Relations Act, 1995 (the “Act”).
2In its decision dated March 1, 2000, the Board deemed the responding parties to have accepted all of the facts stated in the application to be true. The Board also noted that Form B-25(A) (Notice to Employees of Application under Section 69 and Subsection 1(4) of the Act) had not been posted for the employees for the responding parties. The Board has now been advised that Form B-25(A) has been posted and is prepared to deal with this matter based upon the materials before it.
3The applicant asks that the Board decide the application on the facts alleged in the application without scheduling a hearing. Rule 41 of the Board’s Rules of Procedure provides as follows:
“If a party receiving notice of an application does not file a response in the way required by these Rules, he or she may be deemed to have accepted all of the facts stated in the application, and the Board may cancel a hearing or consultation, if one is scheduled, and decide the case upon the material before it without further notice.”
4For the reasons set out in GB Metals Limited, [1993] OLRB Rep. June 503, there are good policy reasons for not expending time and resources on matters which are not in dispute or are not defended. Accordingly, and as stated earlier, I declare that the facts as alleged in the application are deemed to be accepted by the responding parties. These facts so found make out a prima facie case, both for the statutory pre-conditions for the exercise of the Board’s jurisdiction under section 1(4) of the Act and for the exercise of its discretion in favour of the applicant.
5Having regard to the materials filed with the Board and the submissions of counsel for the applicant, the Board:
declares that CJA’s Construction Ltd. and Triple-A Steel Erectors Ltd. are associated or related businesses or activities under common direction and control within the meaning of section 1(4) of the Act and constitute a single employer for the purposes of the Act;
declares that CJA’s Construction Ltd. and Triple-A Steel Erectors Ltd. are bound to the collective agreement between the Ontario Sheet Metal and Air Handling Group and the Sheet Metal Workers’ International Association and the Ontario Sheet Metal Workers’ Conference effective from May 1, 1995 to April 30, 1998 and the renewals thereafter.
“John Morgan Lewis”
for the Board