Ontario Sheet Metal Workers’ & Roofers’ Conference v. T.A. Andre & Sons (Ontario) Ltd.
File No.: 2000-98-JD Date: April 6, 2000
Applicants: Ontario Sheet Metal Workers’ & Roofers’ Conference, Sheet Metal Workers’ International Association Local 269 Responding Parties: T.A. Andre & Sons (Ontario) Ltd., Priestly Demolition Inc. and The Electrical Power Systems Construction Association and The Labourers International Union of North America Local 247 and Local 506
Before: John Morgan Lewis, Vice-Chair, and Board Members J. G. Knight and A. Haward.
Appearances: J. Raso and Steve Cronkright for the applicants; Rod Pollok for T.P. Andre & Sons; John Moszynski and Victor Claro for Labourers; Robert N. Singer for Priestly Demolition; Rick Currie for EPSCA.
DECISION OF THE BOARD
1This is an application concerning a work assignment under section 99 of the Labour Relations Act, 1995. A consultation was scheduled for April 5, 2000.
2At the commencement of the consultation, Rick Currie, on behalf of the Electrical Power Systems Construction Association (“EPSCA”) requested an adjournment. The basis for the adjournment was that neither EPSCA nor its counsel had been provided with notice of the consultation. According to Mr. Currie, he was only advised of the consultation in the last couple of days. Mr. Currie also advised the Board that counsel for EPSCA was unable to attend the consultation as a result of not being provided with notice.
3Upon hearing from all of the parties, the Board granted the adjournment request. The Board finds the notice of the consultation to be deficient as it was not sent to counsel for EPSCA and was not sent to the appropriate individual at EPSCA, as was indicated in its response. EPSCA is named as a responding party in these proceedings and has filed a response. Accordingly, it is entitled to participate in the consultation. The failure to provide adequate notice prevents EPSCA from participating in an effective manner in the consultation. For these reasons the Board granted the adjournment request.
4The Registrar is directed to set this matter down for one day for a consultation.
5This panel of the Board is not seized.
“John Morgan Lewis” for the Board