2964-99-R Robert Anderson, Applicant v. Sheet Metal Workers’ International Association, Local Union No. 47, Responding Party v. Almonte Fire Trucks Co., Intervenor.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; February 17, 2000
1This is an application for termination of the bargaining rights of the responding party, Sheet Metal Workers’ International Association, Local Union 47 (“SMW Local 47”) pursuant to section 63 of the Labour Relations Act, 1995, S.O. 1995 ch. 1 (“the Act”). The SMW Local 47 has raised an issue with respect to section 63(16) of the Act. The intervenor, Almonte Fire Trucks Co. (“Almonte”) filed submissions requesting the Board to dismiss the allegations made by SMW Local 47 as not disclosing a prima facie case. By direction of this Board, the parties dealt with this request by way of written submissions.
2Almonte asserts that the submissions of SMW Local 47 are in fact new and additional pleadings rather than a defence of the original pleadings, and that as such, they ought not to be entertained at this time. The Board disagrees. It is true that the submissions of SMW Local 47 are not a defence of the original Response. I infer that SMW Local 47 does not dispute the proposition that sufficient particularized facts must be pleaded, which if proven, would amount to the activity defined in section 63(16). Its pleadings are essentially a restatement, with further particulars, of the details of its original allegations. A party in an application is entitled to file further particulars of its allegations, regardless of whether the party opposite simply requests particulars or takes the more aggressive approach of seeking to have an application or response dismissed. In this case SMW Local 47 has taken the more cautious approach of pleading evidence as well as particulars.
3The Board will not dismiss, on a preliminary basis, the allegation made in support of a request under section 63(16) that the application be dismissed. There may be some restriction in the temporal scope of the evidence that SMW Local 47 seeks to call, but that is a matter to be determined by the panel hearing this application on the merits.
4I am not seized of this application.
“David A. McKee”
for the Board