Ontario Labour Relations Board
Frank Esposito, Applicant v. Canadian Union of Public Employees, Local 79, Responding Party.
BEFORE: Bram Herlich, Vice-Chair.
DECISION OF THE BOARD; February 8, 2000
DECISION
1By decision dated February 4, 2000, the Board (differently constituted), extended the time limit for the filing and delivery of the response in this matter to February 21, 2000. In view of the subsequent request received from the City of Toronto the Board clarifies that, under its Rules of Procedure, "response" includes "intervention" and therefore the extension already granted would apply to interventions as well.
2The Board also notes receipt of correspondence from the applicant dated February 7, 2000 indicating that he intends to file further particulars and requesting that a number of additional parties be added. It is not at all clear to the Board why, in a matter which (so far) appears to be restricted to alleging a violation of section 74 of the Act, there need be any more than 2 responding parties – the union and the employer (the latter more specifically as a potential intervenor).
3In any event, if and when the new particulars are filed the Board may review the matter. In the interim the applicant is reminded of the following Rules of Procedure:
- Before, or at the same time as, filing the application with the Board, the applicant must deliver to the responding party (and to any affected party identified in the application):
(a) a completed copy of the application;
(b) any additional material or documents specified in Parts III to VII of the Rules that relate to the particular application being filed;
(c) a blank copy of the form set by the Board for responding to the application;
(d) the appropriate Notice to Responding Party and/or Affected Party set by the Board in respect of the application; and
(e) the appropriate Information Bulletin, if any.
- In addition to applications, responses and material covered by other Rules, a party filing any document or correspondence with the Board must at the same time deliver a copy of the document or correspondence to all other parties in the case. Any such document or correspondence filed with the Board must be accompanied by a statement that the party filing it has delivered the document or correspondence to all other parties as required by this Rule. The statement must also include the names and titles of the persons to whom the documents were delivered and precise information regarding the date, time and method of delivery.
"Bram Herlich"
for the Board