Court File and Parties
Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Sterling Carpet & Tile, Responding Party.
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; November 7, 2000
Decision
1This is a referral of two construction industry grievances to arbitration pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”)
2In its response to the application the responding party has requested that the Board, pursuant to section 48(12)(a) of the Act, order the applicant to provide further particulars regarding these matters.
3Having reviewed the application it appears to the Board that the applicant has already identified the articles of the collective agreement that it is claiming have been breached and is seeking declarations of the violations accordingly. The applicant also appears to have identified the time period with which it is concerned regarding the grievor, Mr. Frank Portelli, and with respect to the group grievance. It is not unusual for the applicant in a section 133 application to have failed to identify the amount of damages it is seeking at this early stage of the proceeding, and the Board declines to order pleadings in respect of this aspect of the grievances at this time.
4Therefore, at this juncture, the Board declines the responding party’s request for an order for further pleadings.
“Gail Misra”
for the Board