Ontario Labour Relations Board
Board File Nos.: 0268-00-R, 0269-00-G, 0270-00-G, 0271-00-G, 0272-00-G
Between:
0268-00-R Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. R.J. Wilcox Partitions & Ceiling Systems Inc. and Wilcox Interior Inc. and Tanya Ruth Ann Genest c.o.b. as Westboro Construction and Wilcox Diversified Inc., Responding Parties.
0269-00-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. R.J. Wilcox Partitions & Ceiling Systems Inc., Responding Party.
0270-00-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Tanya Ruth Ann Genest c.o.b. as Westboro Construction, Responding Party.
0271-00-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Wilcox Interior Inc., Responding Party.
0272-00-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Wilcox Diversified Inc., Responding Party.
BEFORE: Harry Freedman, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 10, 2000
Decision
[1]. These are five related matters; Board File No. 0268-00-R is an application for declaratory relief under sections 69 and 1(4) of the Labour Relations Act, 1995, S.O. 1995, c. 1 (the "Act") that would result in the responding parties being bound to the provincial agreement by which the applicant is bound and Board File Nos. 0269-00-G, 0270-00-G, 0271-00-G and 0272-00-G are referrals of grievances to the Board for determination under section 133 of the Act.
[2]. Counsel for the applicant filed all five of these proceedings at the same time. In a covering letter to the Registrar, counsel stated: “The applicant requests that the Board hold the section 133 referrals in abeyance pending the outcome of the section 1(4)/69 application. In order to facilitate this request, the applicant waives all applicable time limits imposed by section 133 of the Act.”
[3]. Having regard to the request of the applicant and as it appears that the remedies sought in the four grievance referrals may well depend on the result of the application in Board File No. 0268-00-R, the referrals in Board File Nos. 0269-00-G, 0270-00-G, 0271-00-G and 0272-00-G should be adjourned. Therefore, the Board hereby adjourns the referrals in Board File Nos. 0269-00-G, 0270-00-G, 0271-00-G and 0272-00-G sine die. The applicant may request that the Board proceed with those four matters following the determination in Board File No. 0268-00-R within thirty days of that determination. Should no request be made to proceed within that time, those four referrals will be deemed terminated. Furthermore, in these circumstances, the Board hereby extends the time under Rule 158 for the responding parties to file a Request for Hearing and Notice of Intent to Defend/Participate (Form A-87) in Board File Nos.
0269-00-G, 0270-00-G, 0271-00-G and 0272-00-G to 10 days after the date the applicant advises the Board and the responding parties that it wishes those four matters to be set down for hearing.
[4]. This panel of the Board is not seized with these matters.
“Harry Freedman”
for the Board