International Union of Bricklayers and Allied Craftsmen v. Canning Contracting Limited
Board File Nos.: 2259-99-R, 2266-99-G
International Union of Bricklayers and Allied Craftsmen (now known as Brick and Allied Craft Union of Canada, Local 12), 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 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") (Board File No. 2266-99-G) and an application for declaratory and other relief under sections 69 and 1 (4) of the Act (Board File No. 2259-99-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 referral under section 133 of the Act (Board File No. 2266-99-G) is dependent upon the Board’s determination in Board File No. 2259-99-R the applicant may request that the Board proceed with that grievance matter following the determination in Board File No. 2259-99-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 No. 2266-99-G to 10 days after the applicant advises the Board and the responding parties that it wishes that grievance matter to be set down for hearing.
5This panel of the Board is not seized with these matters.
“Harry Freedman”
for the Board