2556-00-G Universal Workers Union, L.I.U.N.A., Local 183, Applicant v. Jag Construction Ltd., Responding Party.
BEFORE: Harry Freedman, Vice-Chair, and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD; December 5, 2000
1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S. O. 1995, c. 1, as amended, (the “Act”) that was filed with the Board on November 27, 2000. The applicant served the responding party with the requisite material by hand on November 23, 2000 at 11:30 a.m.
2The Board attempted to serve the responding party with the Confirmation of Filing (Form B-67) by facsimile transmission three times on November 28, 2000 at the responding party’s facsimile number set out in the application but was unable to do so. The Board thereupon attempted to send the Form B-67 to the responding party by courier on November 28, 2000. Unfortunately, the shared services mailroom which is responsible for mailing the Board’s documents placed the wrong courier label on the envelope that was to go to the responding party. The Board was advised earlier today (December 5, 2000) by the recipient that it was not the addressee on the envelope, but had received the material by courier because of the incorrect courier label.
3The Board will be sending the Form B-67 to the responding party by overnight courier today, December 5, 2000. It will receive the form B-67 tomorrow, December 6, 2000. Under the Board Rules, the responding party will have five days from the date the Form B-67 is sent to the responding party to file a Request for Hearing and Notice of Intent to Defend (Form A-87), or by 5:00 p.m. on Tuesday December 12, 2000, if it wishes to respond to the application.
4The Board had fixed Monday December 11, 2000 as the hearing date for this matter. As this matter will not be able to proceed on that date by reason of the Board having been unable to serve the responding party with the Form B-67, the Board hereby adjourns the hearing scheduled for December 11, 2000 to December 18, 2000 at the place and time set out in the notice of hearing dated November 28, 2000.
“Harry Freedman”
for the Board