Labourers’ International Union of North America, Local 1081 v. Teperman and Sons (Canada) Limited
File No.: 1908-00-G Date: October 10, 2000
Applicant: Labourers’ International Union of North America, Local 1081 Responding Party: Teperman and Sons (Canada) Limited
Before: Harry Freedman, Vice-Chair
Decision of the Board
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"). The Chair of the Board authorized me to sit alone to hear and determine this matter pursuant to section 110(14)(a) of the Act. This grievance alleges that the responding party subcontracted work at a demolition project at the Grand River Hospital in Kitchener contrary to the provincial collective agreement. The responding party filed a timely Notice of Intent to Defend and subsequently by letter dated October 10, 2000 requested an adjournment of both the Officer’s meeting scheduled for October 11, 2000 and the hearing scheduled for October 12, 2000.
2The owner and proprietor of responding party advises that he learned from his doctor in the afternoon of October 6, 2000 that he had been scheduled for surgery on October 11, 2000 and will be expected to remain in the hospital for several days. He also asserts that he is the only person who can speak on behalf of the responding party and is the only person familiar with the details of the matter giving rise to the grievance. Attached to the responding party’s letter was a statement from Dr. Michael Robinette which states: "This note is to confirm that Mr. Steven Teperman is scheduled for surgery on Wednesday, October 11, 2000, and will need about 1 week to recovery [sic] from his surgery." There is also a handwritten note from Dr. Mark J. Sager advising that Steven Teperman "will be undergoing serious surgery on October 11, 2000" and that "he will be incapacitated this entire week and maybe longer."
3It is clear that the responding party moved promptly to request the adjournment on learning in the afternoon of October 6, 2000 that he had been scheduled for surgery on October 11. Under these circumstances both the Officer’s meeting and the hearing must be adjourned.
4The Board hereby adjourns the hearing scheduled for October 12, 2000 to Wednesday, October 25, 2000 for hearing at the place and time set out in the original notice of hearing. The Labour Relations Officer assigned to this matter may wish to arrange a meeting with the parties sometime after October 18, 2000, which is one week after Mr. Teperman’s scheduled surgery.
5This panel of the Board is not seized with this matter.
"Harry Freedman" for the Board