1779-00-HS Falconbridge Limited, Appellant v. Sudbury Mine, Mill & Smelter Workers’ Union, Local 598/C.A.W., Rick Kulyski, Inspector and Ministry of Labour, Responding Parties.

BEFORE: Harry Freedman, Vice‑Chair.

DECISION OF THE BOARD; September 29, 2000

1On September 15, 2000 the appellant filed an appeal under section 61 of the Occupational Health and Safety Act, R. S.O. 1990, c. O. 1 as amended (the “Act”) of the order issued by Inspector Rick Kulyski in F.V. No. 931241 dated August 25, 2000 (the “Order”) (Board File No. 1778-00-HS) requiring the appellant to establish a joint health and safety committee to represent workers who are not represented by the joint health and safety committee for the appellant’s office, clerical and technical workers. The appellant also applied for a suspension of the Order at that same time under section 61(7) of the Act (Board File No. 1779-00-HS) which is the matter before me.

2Counsel for the Ministry of Labour, by letter dated September 28, 2000 requests an extension of time within which to file a response to the application in this matter to Friday October 6 because the two officials within the Ministry with whom counsel needs to consult were unavailable and counsel will not be able to obtain instructions with respect to the application for a suspension before the response is due. The Sudbury Mine, Mill & Smelter Workers’ Union, Local 598/C.A.W. has filed a response in this matter opposing the application for suspension.

3The response to the application for suspension of the order is due on Monday, October 2, 2000. There is nothing in the material before the Board indicating whether the appellant has complied with the Order, although the Order fixed a compliance date of September 1, 2000, nor is there anything to indicate whether the inspector or Ministry of Labour have taken any action with respect to the Order. Under these circumstances, I am prepared to extend the time for the filing of a response by the Ministry of Labour and the inspector to October 6, 2000 on the condition that the Ministry of Labour and the inspector take no action (or further action) in relation to the Order between October 2 and the earlier of the date their response is filed or October 6, 2000.

DISPOSITION

4The time for the Ministry of Labour and the inspector to file their response to this application for a suspension is hereby extended to October 6, 2000 at the request of counsel for the Ministry of Labour, provided the Ministry of Labour and the inspector take no action (or further action) in relation to the Order between October 2 and the earlier of the date their response is filed or October 6, 2000.

5This panel of the Board is not seized with this matter.

“Harry Freedman”

for the Board