3300-99-G International Union of Bricklayers and Allied Craftworkers, Local 10 (now known as Brick and Allied Craft Union of Canada, Local 10), Applicants v. 620230 Ontario Inc. o/a TS Masonry, Tony Sica Masonry Inc. and VMS Masonry (1996) Ltd., Responding Parties.
BEFORE: Harry Freedman, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; February 25, 2000
This 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") that was filed with the Board on February 7, 2000. The applicant is the International Union of Bricklayers and Allied Craftworkers, Local 10, (now known as Brick and Allied Craft Union of Canada, Local 10) (“Local 10”). When the application was originally filed both Local 10 and the International Union of Bricklayers and Allied Craftworkers Ontario Provincial Conference (now known as Brick and Allied Craft Union of Canada) (the “OPC”) were the applicants. Counsel for the applicants, by letter to the Board dated February 9, 2000, advised the Board that the OPC is no longer an applicant and that the only applicant is Local 10.
Section 5 of the application indicates that the grievance giving rise to this referral was attached to the application. Section 6 of the application states that the said grievance was delivered to the responding party on October 13, 1999. Section 133 (2) of the Act provides that the referral of a grievance to the Board “…may be made at any time after the written grievance has been delivered to the other party.” Obviously, the grievance that is the subject of the referral must be the written grievance that was delivered prior to the referral being made to the Board under section 133 of the Act.
The written grievance dated October 13, 1999 attached to the application as exhibit 3 was a grievance filed on behalf of another local union affiliated with the OPC, that is, the International Union of Bricklayers and Allied Craftworkers, Local 2, (now known as Brick and Allied Craft Union of Canada, Local 2). There is no written grievance referred to in the application that was filed on behalf of Local 10 nor is there any indication in the material filed that a grievance filed against responding parties by Local 10 was ever delivered to them. Furthermore, the grievance refers to jobs in Ajax and Markham while the allegations of fact set out in section 7 of the application refer to jobs in Minden and Haliburton.
As there is no evidence before the Board that a written grievance to which this application relates was ever delivered to the responding parties or any of them prior to this application being filed with the Board, this application is dismissed. The hearing scheduled in this matter for March 2, 2000 is hereby cancelled
The dismissal of this application is, however, without prejudice to the applicant filing a referral with the Board under section 133 of the Act in respect of a grievance filed on behalf of Local 10 that was delivered to the responding parties or any of them prior to the application being filed with the Board.
“Harry Freedman”
for the Board