Ontario Labour Relations Board
Board File No.: 3936-99-G
Masonry Industry Employers’ Council of Ontario, Applicant v. Brick Employee Bargaining Agency, Local 1 o/a Brick and Allied Craft Union of Canada, Local 1, Responding Party.
BEFORE: John Morgan Lewis, Vice-Chair, and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD; April 4, 2000
1This application is a referral of a grievance to arbitration under section 133 of the Labour Relations Act, 1995 (the “Act”).
2The Board is in receipt of correspondence from counsel for the responding party in which the Board is asked to transfer to this file its Request for Hearing and Notice of Intent to Defend/Participate (“Notice”) (Form A-87) which had been filed in Board File No. 3698-99-G. In support of its request, counsel for the responding party advises that the grievance in this matter is the same as in Board File No. 3698-99-G, which, the Board notes, was withdrawn on consent of the parties on March 31, 2000.
3There is no authority either in the Act or in the Board’s Rules of Procedure which permits the transfer of Form A-87 (and the required filing fee) from one application to another. The requirement to pay a filing fee and file a Notice arises upon the filing of an application under section 133 of the Act. With each new application the responding party must comply with its obligations under the Act and the Board’s Rules of Procedure by filing a Notice and by paying the required fees.
4The Board dismisses the request of the responding party to transfer its Notice from File No. 3698-99-G to this matter. Should the responding party wish to participate in this matter it must comply with the requirements imposed by the Act and the Board’s Rules of Procedure.
5This panel of the Board is not seized.
“John Morgan Lewis”
for the Board