The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada v. Newmarch Inc., and Newmarch Mechanical Inc.
0976-00-G The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Applicant v. Newmarch Inc., and Newmarch Mechanical Inc., Responding Parties.
BEFORE: Harry Freedman, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; August 8, 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 (the “Act”). The Board (differently constituted in part) at the hearing of this matter on July 25, 2000 issued several orders and directions which were subsequently set out in its written decision in this matter dated July 26, 2000 including:
the responding party may file a statement of defence by August 8, 2000; and
the application is adjourned to Tuesday, August 15, 2000.
2Counsel for the responding parties, by letter to the Registrar dated August 8, 2000 requests and extension of the time to file a statement of defence to September and an adjournment of the hearing to October. She points out that the responding parties had been unrepresented and as a result, the extension and adjournment are necessary in order that they are able to properly review and prepare for the hearing of this matter.
3The responding parties were present at the hearing before the Board where the Board made the directions about the filing of a statement of defence and fixed the date of the hearing. In effect, counsel is seeking reconsideration of the Board’s decision of July 25, 2000. There is, in our opinion, no basis for reconsidering that decision.
4In our view, the responding parties had ample time to retain and instruct counsel. The application was filed with the Board at the end of June and the matter was heard first by the Board on July 25, 2000. In our view, retaining counsel at the last moment is not a basis for granting either an extension of time to file material or an adjournment of a scheduled hearing.
5The request of counsel for the responding parties for an extension of time and an adjournment is dismissed.
6This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board