2742-98-R Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Metro Concrete Floors (1990) Inc., Responding Party.
BEFORE: Marilyn Silverman, Vice-Chair, and Board Members J. G. Knight and
A. Haward.
APPEARANCES: N. L. Jesin, Lister Tenant, Pat Casserly and Winston Anderson for the Applicant; John Barrack, Nunzio Dilecce and Silvio Ferri for the responding party; John Moszynski and Tony Cornacchia for Labourers’ International Union of North America, Local 506.
DECISION OF THE BOARD; January 25, 2000
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
2At the commencement of the hearing in this application the panel entertained a motion from Mr. Moszynski, counsel for the Labourers’ International Union of North America, Local 506 ("Labourers 506") requesting intervenor status in this application. Counsel for the applicant opposed the motion on two grounds; firstly, the intervention was filed late and secondly, the applicant contends that the existence of a collective agreement, if any, between the responding party and the Labourers 506 does not of itself confer intervenor status in this application for certification by the applicant.
3The Board issued an oral ruling that it would not grant Labourers 506 status in this matter. The Intervention does not disclose any legal interest sufficient to give the Labourers 506 intervenor status in the circumstances of this application.
4The application was filed on November 12, 1998 and the Intervention filed on September 16, 1999. There were various pieces of correspondence exchanged during that time period of which the Labourers 506 were aware yet they failed to file an intervention with any reasonable expediency. On that basis alone their request for intervention fails in these circumstances. In addition the fact that individuals who are affected by this application may also be members of Local 506 does not of itself support the motion for intervenor status.
5The motion for intervenor status by Local 506 is denied.
6The hearing is scheduled to continue on March 13, 22 and 23, 2000 at the Board’s Offices, 505 University Avenue, 2nd Floor, Toronto, Ontario, commencing at 9:30 a.m.
7The panel is not seized.
"Marilyn Silverman"
for the Board