Ontario Labour Relations Board
0830-00-U Giancarlo Cesaroni, Applicant v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46, Responding Party.
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; October 10, 2000
1The Board is in receipt of a request from the Union to start the consultation, scheduled for Wednesday, October 11, 2000, at 1:30 p.m. as opposed to 9:30 a.m. due to the fact that Mr. O’Ryan, the Business Manager and advisor in this matter, is required to attend an arranged pre-negotiations meeting. The applicant does not consent to the request.
2The Board does not typically alter the scheduling of consultations to accommodate counsel, parties or advisors. Given the Board’s scheduling arrangements it simply cannot accommodate everyone and, at the same time, have matters determined in an expeditious manner.
3Consultations held with respect to applications under section 75 of the Labour Relations Act are usually completed in a matter of hours. It is only in the most unusual of circumstances that a consultation held in connection with an application under section 75 of the Labour Relations Act would not be completed on the consultation date scheduled.
4In the present case, I am concerned that, were the consultation to commence at 1:30 p.m., the matter may not be capable of being concluded on October 11, 2000. Thus, in light of the fact that the Board does not usually reschedule matters to accommodate parties and/or advisors and the fact that, if the Board did so in this case, the matter may not be concluded on October 11, 2000, it is my determination that the Union’s request is denied. In respect of the suggestion that the consultation will be “unproductive” absent Mr. O’Ryan’s presence, I can only comment that, regardless of Mr. O’Ryan’s presence, the consultation will proceed.
5Thus, this matter will commence at 9:30 a.m. on October 11, 2000 as presently scheduled.
“D. L. Gee”
for the Board