Carpenters and Allied Workers Local 27 v. Canning Contracting Limited
Board File Nos.: 1508-99-G, 1512-99-R, 2048-99-G
1508-99-G Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Canning Contracting Limited, Bradsil Limited, Daros Management Limited, Oswenda Investments Limited, Oswenda Management Limited, Oswenda (Danforth) Limited, Daros Investments Limited, Mekela Limited, and Mekela Management Limited, Responding Parties.
1512-99-R Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Canning Contracting Limited, Bradsil Limited, Daros Management Limited, Oswenda Investments Limited, Oswenda Management Limited, Oswenda (Danforth) Limited, Daros Investments Limited, Mekela Limited, and Mekela Management Limited, Responding Parties.
2048-99-G United Brotherhood of Carpenters and Joiners of America, Local 785, Applicant v. Canning Contracting Limited, Bradsil Limited, Daros Management Limited, Oswenda Investments Limited, Oswenda Management Limited, Oswenda (Danforth) Limited, Daros Investments Limited, Mekela Limited, and Mekela Management Limited, Responding Parties.
BEFORE: Harry Freedman, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; February 25, 2000
Decision
1These are two referrals of grievances to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c. 1 (the "Act") (Board File Nos. 1508-99-G and 2048-99-G) and an application for declaratory and other relief under sections 69 and 1 (4) of the Act (Board File No. 1512-99-R). Counsel for the applicant, by letter dated February 23, 2000, requested leave of the Board to add several more persons as responding parties to these proceedings and filed particulars in support of the request.
2Rule 48 of the Board’s Rules of Procedure permits the Board to add any person as a party, as it considers advisable. The hearings in these matters are scheduled for June 26 and June 29, 2000. As the applicant seeks to ensure that the corporate entities who may be affected by these proceedings are parties to it, the Board considers it advisable to add the persons listed by the applicant as responding parties to these proceedings. Therefore, Oswenda Investments Limited, Oswenda Management Limited, Oswenda (Danforth) Limited, Daros Investments Limited, Mekela Limited, and Mekela Management Limited are hereby added as responding parties to these proceedings.
3The applicant appears to have served counsel for one of the responding parties with the material relating to the addition of those several responding parties. The Board directs the applicant to deliver to all of the responding parties who the Board has added to this proceeding at the request of the applicant (listed in paragraph 2 above) all of the application and referral materials, unless the applicant has been advised that counsel to whom that material was delivered is also counsel to those additional responding parties.
4As the relief requested in respect of those additional responding parties in the referrals under section 133 of the Act (Board File Nos. 1508-99-G and 2048-99-G) is dependent upon the Board’s determination in Board File No. 1512-99-R the applicant may request that the Board proceed with those two matters following the determination in Board File No. 1512-99-R. In these circumstances, the Board hereby extends the time under Rule 158 for the responding parties to file a Request for Hearing and Notice of Intent to Defend/Participate (Form A-87) in Board File Nos. 1508-99-G and 2048-99-G to 10 days after the applicant advises the Board and the responding parties that it wishes those two matters to be set down for hearing.
5This panel of the Board is not seized with these matters.
“Harry Freedman”
for the Board