Ontario Labour Relations Board
0913-00-G The International Union of Painters and Allied Trades, (formerly known as the International Brotherhood of Painters & Allied Trades, District Council 46 (Glaziers Local 1819), Applicant v. 123427 Ontario Ltd. c.o.b. as TGM Services, Marksbury Group Ltd., Responding Party.
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members G. Knight and G. McMenemy.
DECISION OF THE BOARD; October 13, 2000
1This is a referral of a grievance in the construction industry pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”).
2The application was made on June 22, 2000. We understand that the parties have been making efforts to resolve this matter, and adjourned an earlier hearing date, but ultimately, on October 4, 2000, counsel for the applicant requested that the matter be set down for hearing.
3The Board notes that the responding party has failed to file a Notice of Intent to Defend (Form A-87). In its application, the applicant had asked the Board, in the event of a failure to file such a Notice, to determine the referral with reference only to the material filed by the applicant. In light of the parties' adjournments of past hearing dates, and settlement discussions, the Board has not acted on that request.
4However, the responding party is directed to file its Notice of Intent to Defend within five working days of the date of this decision. If the responding party fails to do so, the Board will act on the applicant’s request for a decision on the basis of the facts disclosed in the application.
“Mary Ellen Cummings”
for the Board