International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local 736 v. The On-Site Group Inc.
File Nos.: 1549-00-JD; 1550-00-JD Date: September 13, 2000
Applicant: International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local 736 Responding Parties: The On-Site Group Inc., United Brotherhood of Carpenters and Joiners of America, Local 1916-Millwrights
Before: Harry Freedman, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
Decision of the Board
1These are two complaints made pursuant to section 99 of the Labour Relations Act, 1995, S. O. 1995, c. 1 (the "Act") concerning work assignments. Although the parties are the same in each complaint, Board File No. 1549-00-JD relates to the work assigned by The On-Site Group Inc. ("On-Site") at the Toyota Motor Manufacturing Company facility in Cambridge while Board File No. 1550-00-JD relates to the work assigned by On-Site at the Budd Canada Ltd. facility in Kitchener. The Board, by decision dated September 12, 2000, extended the time for filing responses to October 13th, 2000.
2On-Site, by letter to the Registrar dated September 12, 2000 requests that it be removed as a responding party in these proceedings. It submits that these two applications "are an extension of a jurisdictional dispute that has existed between the two unions for over fifty years, well prior to the incorporation of On-Site in January 1995. Further, the orders and declarations sought by the applicant are beyond the control of this Company". On-Site, in that letter, acknowledges that it is bound by collective agreements with both the applicant and the United Brotherhood of Carpenters and Joiners of America, Local 1916-Millwrights.
3The applications allege that On-Site assigned and performed the work in dispute. It is a person who is directly affected by the applications. As such, it is a proper responding party to these two applications. The degree, if any, to which On-Site participates in these proceedings, however, is up to On-Site. Rule 28 of the Board's Rules of Procedure contemplates that a person receiving notice of an application may choose not to participate in the proceeding by not filing a response. Rule 28 states in part: "A person receiving notice of an application who wants to participate in any way in the case must file a response with the Board….". The consequence of failing or refusing to file a response are set out in Rules 40 to 42 which provide:
The Board may decide an application without further notice to anyone who has not filed a document in the way required by these Rules.
If a party receiving notice of an application does not file a response in the way required by these Rules, he or she may be deemed to have accepted all of the facts stated in the application, and the Board may cancel a hearing or consultation, if one is scheduled, and decide the case upon the material before it without further notice.
No person will be allowed to present evidence or make any representations at any hearing or consultation about any material fact relied upon which the Board considers was not set out in the application or response and filed promptly in the way required by these Rules, except with the permission of the Board. If the Board gives such permission, it may do so on such terms as it considers advisable.
Since On-Site is a person affected by the proceedings it is properly named as a responding party. Whether it files a response or participates in the proceeding is a different matter about which the Board has no comment.
4On-Site's request to be removed as a responding party is dismissed.
"Harry Freedman"
for the Board