Masonry Industry Employers’ Council of Ontario v. Brick Employee Bargaining Agency, Local 1 o/a Brick and Allied Craft Union of Canada Local 1
File No.: 3698-99-G Date: March 23, 2000
Applicant: Masonry Industry Employers’ Council of Ontario Responding Party: Brick Employee Bargaining Agency, Local 1 o/a Brick and Allied Craft Union of Canada Local 1
Before: Harry Freedman, Vice-Chair, and Board Members J. G. Knight and A. Haward.
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 referral was filed with the Board on March 14, 2000. The applicant filed a certificate of delivery in which it states that the necessary documents required by Rule 155 were transmitted by fax to the Brick and Allied Craft Union of Canada, Local 1 (Brick Employee Bargaining Agency Local 1) at fax number (905) 528-8886 and to Brick and Allied Craft Union of Canada (Brick Employee Bargaining Agency) at fax number (416) 236-0200 on March 14, 2000 at about 12:45 p.m. Those documents were also delivered to Canada Brick, a person the applicant claims is affected by the referral, by courier on March 14, 2000.
2Counsel for the responding party, by letter dated March 22, 2000 submits that he is “unable at this time to process the Notice to Defend because our clients were not served with the Referral of Grievance to Arbitration form. Accordingly, we cannot complete the Form A-87.” Counsel goes on to submit “that this file should, therefore, be reprocessed in its entirety, since we are unable to complete the filings because of a failure of the Applicant to provide the Responding party with the documents required by the Board’s Rules of Procedure for section 133 referrals.”
3The Board transmitted its confirmation of filing of referral of grievance (Form B-67) to Bricklayer’s Union on March 15, 2000 at about 4:06 p.m. and to the Brick and Allied Craft Union of Canada at (416) 236-0200 on March 16, 2000 at about 8:56 a.m. Counsel for the responding party also filed a Form A-87 on behalf of the responding party and the Brick and Allied Craft Union of Canada. Furthermore, counsel for the applicant advised the Board that the party had agreed to adjourn the Labour Relations Officer meeting scheduled for March 21, 2000 to March 28, 2000 and to adjourn the scheduled hearing in this matter to April 12, 2000.
4If the counsel for the responding party is correct in his assertion that the applicant had failed to deliver the Referral of Grievance to Arbitration Form as required by the Rules and as certified as having been done by the applicant, the Board may well be inclined to dismiss this matter, but that need not be determined at this stage. We note, however, that there was no suggestion by either the responding party or the Brick and Allied Craft Union of Canada after they received the Board’s Confirmation of Filing of Referral of Grievance to Arbitration that they had not received the referral from the applicant. Under these circumstances, the applicant is directed to deliver to the Board and to counsel for the responding party on or before Monday March 27, 2000 the evidence it relies on to establish that the documents it certified as having been delivered by sending them to the responding party by facsimile transmission were actually received by the responding party. (See Rule 23 of the Board’s Rules of Procedure.) Should the applicant fail to deliver that evidence to the Board and to the responding party by that date, this referral will be dismissed.
5This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board