Universal Workers Union, Labourers’ International Union of North America Local 183 v. Whitby Concrete Finishing Ltd.
File No.: 1713-00-G Date: September 26, 2000
Before: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD
1This is an application for the referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995 S.O. 1995 ch. 1 (the "Act"). The responding party failed to file a Notice of Intent to Defend or a Response and failed to appear at the hearing set for this application. The applicant has requested that this matter be adjourned sine die, a request the Board will grant.
2In light of the failure of the responding party to participate in this hearing in the manner prescribed by the Rules, the Board will be prepared to decide any further issues arising in this application without regard to any submissions the responding party might make. Pursuant to Rule 45, the Board may do so without notice to the responding party. If the applicant receives the declaration it seeks in Board File No. 1463-00-R, for instance, it may chose to renew its request for remedies pursuant to Rule 160 or 161.
3At the request of the applicant, the Board hereby adjourns this application 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
"David A. McKee"
for the Board