Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Marsand Contracting Inc.
1754-00-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Marsand Contracting Inc., Responding Party.
BEFORE: Harry Freedman, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; September 15, 2000
Decision
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"). Counsel for the applicant, by letter dated September 14, 2000 sought “leave of the Board to withdraw the hearing scheduled for October 10, 2000” in this matter. That letter also states: “This withdrawal is without prejudice in the Union claiming liquidated damages, interest and legal fees pursuant to Article 9 of the Collective Agreement.”
2In our view, an applicant in a section 133 proceeding does not require the Board’s permission to withdraw its application (which is what we assume counsel for the applicant meant when he said the applicant wanted leave to “withdraw the hearing”) before the matter is heard. The consequence of the withdrawal in any subsequent proceeding in which the withdrawn allegations are raised is a matter for the Board in that subsequent proceeding.
3This application is withdrawn at the request of the applicant.
“Harry Freedman”
for the Board