International Brotherhood of Painters and Allied Trades, Local 200 v. S. & S. Glass & Aluminum (1993) Ltd.
0977-99-R International Brotherhood of Painters and Allied Trades, Local 200 and the Ontario Council of the International Brotherhood of Painters and Allied Trades, Applicant v. S. & S. Glass & Aluminum (1993) Ltd. and Paul Skov carrying on business as S. & S. Glass & Renovators, Responding Parties.
0982-99-G International Brotherhood of Painters and Allied Trades, Local 200 and the Ontario Council of the International Brotherhood of Painters and Allied Trades, Applicant v. S. & S. Glass & Aluminum (1993) Ltd. and Paul Skov carrying on business as S. & S. Glass & Renovators, Responding Parties.
BEFORE: John M. Lewis, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; January 6, 2000
1This is an application under sections 69 and 1(4) of the Labour Relations Act, 1995 (“the Act") (Board File No. 0977-99-R) for declaratory and other relief and a referral of a grievance to the Board for determination under section 133 of the Act (Board File No. 0982-99-G). Both the application in Board File No. 0977-99-R and the referral in Board File No. 0982-99-G were made on June 29, 1999. In its decision dated July 30, 1999, the Board (differently constituted) found that the responding parties had been properly served with the application in Board File No. 0977-99-R. As of the date of this decision, none of the responding parties have filed a Response to Application Under Section 69 and/or Subsection 1(4) of the Act (Form A-25) in Board File No. 0977-99-R. The Board is satisfied that the employees of the responding parties were provided notice of these proceedings as Form B-25(A) (Notice to Employees of Application under section 69 and Subsection 1(4) of the Act) was posted in such a manner so as to bring it to their attention.
2The applicant asks that the Board decide the application in Board File No. 0977-99-R on the facts alleged in the application without scheduling a hearing. Rule 41 of the Board’s Rules of Procedure provides:
“If a party receiving notice of an application does not file a response in the way required by these Rules, he or she may be deemed to have accepted all of the facts stated in the application, and the Board may cancel a hearing or consultation, if one is scheduled, and decide the case upon the material before it without further notice.”
3For the reasons set out in GB Metals Limited, [1993] OLRB Rep. June 503, there are good policy reasons for not expending time and resources on matters which are not in dispute or are not defended. Accordingly, we declare that the facts as alleged in the application are deemed to be accepted by the responding parties. These facts so found make out a prima facie case, both for the statutory pre-conditions for the exercise of the Board’s jurisdiction under section 1(4) of the Act and for the exercise of its discretion in favour of the applicant.
4Having regard to the materials filed with the Board and the submissions of counsel for the applicant, the Board:
(a) declares that S. & S. Glass & Aluminum (1993) Ltd. and Paul Skov carrying on business as S. & S. Glass & Renovators are associated or related businesses or activities under common direction and control within the meaning of section 1(4) of the Act and constitute a single employer for the purposes of the Act;
(b) declares that S. & S. Glass & Aluminum (1993) Ltd. and Paul Skov carrying on business as S. & S. Glass & Renovators are bound to the collective agreement between The International Brotherhood of Painters and Allied Trades and The Ontario Council of The International Brotherhood of Painters and Allied Trades and the Architectural Glass and Metal Contractors Association effective from May 1, 1998 to April 30, 2001.
5Counsel for the applicant also seeks certain declaratory relief without the need of a hearing under Rules 160 to 162, with respect to Board File No. 0982-99-G. As this matter was commenced prior to the enactment of the “default judgment provisions” in the Rules, the Board chooses not to exercise its discretion to grant the relief requested at this time. The Registrar has already set these matters down for hearing on March 15, 2000. A hearing in Board File No. 0982-99-G will proceed as scheduled on March 15, 2000.
6This panel of the Board is not seized.
“John Morgan Lewis”
for the Board