Ontario Labour Relations Board
1898-00-R The Millwright Regional Council of Ontario, United Brotherhood of Carpenters and Joiners of America on behalf of Affiliated Local Unions 1007; 1151; 1244; 1410; 1425; 1592; 1916 and 2309, Applicant v. Eram Steel Contracting Inc., NC Fabrication Limited and D.J. Nash Construction and Maintenance Inc., Responding Parties.
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; October 6, 2000
1This is an application under section 69 and/or subsection 1(4) of the Labour Relations Act, 1995 (the "Act").
2The Board is in receipt of correspondence dated October 4, 2000, from counsel for the respondent, D.J. Nash Construction and Maintenance Inc. ("Nash"). Counsel for Nash requests the Board to exercise its discretion under Rule 46 of the Board's Rules of Procedure to dismiss the application without a hearing on the basis that the facts stated in the application do not make out a prima facie case for the orders and remedies requested. Having reviewed the application, the Board is not satisfied that this is an appropriate case in which to exercise its authority under Rule 46 to dismiss the application. The request by counsel for Nash to dismiss this application for failing to disclose a prima facie case is hereby dismissed.
3Counsel for Nash also requests that the Board, pursuant to Rule 38 of the Board's Rules of Procedures, direct the applicant to file a detailed statement of material facts. The Board declines to make such a direction. The applicant has filed sufficient material facts in its application which requires a response from the responding parties, including Nash.
4Having regard to the request from counsel for Nash, the Board hereby grants leave to extend the time for the filing of a response by Nash until October 23, 2000.
5This panel of the Board is not seized.
"John Morgan Lewis"
for the Board