Carpenters and Allied Workers Local 27 v. Canning Contracting Limited
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.
2259-99-R 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.
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: David A. McKee, Vice-Chair, and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD; December 12, 2000
1These five applications are comprised of two applications under section 69 and 1(4) of the Labour Relations Act, 1995, S. O. 1995 ch. 1 ("the Act") and three referrals of grievances to arbitration pursuant to section 133 of the Act. These latter three files, being Board files 1508‑99‑G, 2048-99-G and 2266-99-G are adjourned, on agreement of the parties, sine die for a period not exceeding one year. Unless within that time either party requests that the Board proceed with the matter, it will be deemed terminated without further notice to the parties.
2The parties have asked the Board to adjourn the two section 69/1(4) applications to a date to be set by the Board. The Board declines to do so. This is the second occasion on which the Board has scheduled multiple days for the hearing of these applications, only to find the parties requesting an adjournment at the last minute. The Board’s resources are not infinite, but it has traditionally attempted wherever possible to accommodate the requests of parties and to schedule dates which are convenient to all parties. However, the Board’s primary obligation is to complete hearings and to adjudicate disputes as expeditiously as possible. The Board’s ability to do so is not assisted by parties who adjourn more than a single day of hearing at the last minute. In this case the panel is free to hear another matter on the next day set for hearing (three days after the first date) but it would be unrealistic to attempt to schedule a new matter on a day or two’s notice and expect the parties to proceed. The alternative is to maintain a full or partial list system for the scheduling of cases. This is a solution which, for good reason, is generally regarded as undesirable in the community.
3Accordingly, the Board adjourns Board File No. 1512-99-R and 2259-99-R sine die for a period not exceeding one year. Unless within that time either party requests that the Board proceed with the matter, it will be deemed terminated without further notice to the parties. If and when the parties are prepared to set dates on which they are prepared to commit to proceed with the litigation of these applications, they should advise the Registrar. A consultation before this panel will be set on a mutually convenient date to discuss what else needs to be determined before the litigation of these applications can commence (document issues, etc.). A meeting at 1:00 p.m. or 4:30 p.m. will be set if a brief consultation will suffice. If the parties are prepared to proceed and simply need to set dates, they are to advise the Registrar in writing of the number of days the parties anticipate that it will take to complete the proceedings. Dates will be arranged with the parties in the usual fashion. Once agreed upon, the dates will be peremptory on all parties.
“David A. McKee”
for the Board