Reitmans (Canada) Limited v. The Carpenters’ District Council of Ontario
0376-99-R Reitmans (Canada) Limited, Applicant v. The Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America and United Brotherhood of Carpenters and Joiners of America, Local 2486, Responding Parties.
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; November 30, 2000
Reasons for Decision
This is an application pursuant to section 127.2 of the Labour Relations Act, 1995. By decision dated October 31, 2000, I concluded that the applicant had met the statutory preconditions for a declaration that it is a “non construction” employer. However, since the responding party had delivered and filed a Notice of Constitutional Question in this matter, I directed the parties to contact the Registrar to arrange a date for a hearing of the Charter of Rights and Freedoms issues raised by the responding party.
By letter dated November 20, 2000, counsel for the applicant expressed the concern that the responding party was using the constitutional argument merely to delay the Board making the remedial orders that would flow from its decision that the applicant is a “non-construction employer”. Counsel for the applicant urged the Board to adopt an expedited procedure, which counsel detailed.
By decision dated November 22, 2000, the Board directed the responding party to make submissions with respect to counsel to the applicant’s letter by November 27, 2000. To date, the responding party has made no submissions.
It may be that the responding party no longer wishes to pursue the constitutional argument, and if the responding party does not comply with the Board’s further directions, the Board will issue the remedial orders that would flow from the Board’s determination that the applicant is a “non-construction employer”.
The responding party is directed to file and deliver particulars and fulsome submissions with respect to its constitutional argument by no later than December 15, 2000. The Board will rely on that material to determine whether or not the responding party has made out a prima facie breach of the Charter. The applicant shall deliver and file its submissions about whether or not the responding party has made out a prima facie breach of the Charter by no later than January 8, 2001, and the responding party may reply by January 15, 2001.
In the event that the responding party does not comply with this direction, upon request of the applicant, the Board will issue the remedial orders resulting from the Board’s determination that the applicant is a “non-construction employer”.
“Mary Ellen Cummings”
for the Board