United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 628 and Local 633 v. E. S. Fox Limited, 2000 CanLII 9963

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United states and Canada, Local 628 and Local 633 v. E. S. Fox Limited

Board Files

3285-99-G United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United states and Canada, Local 628 and Local 633, Applicants v. E. S. Fox Limited, Responding Party v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Locals 759 and 786, Intervenor.

3319-99-G United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United states and Canada, Local 508, Applicant v. E. S. Fox Limited, Responding Party v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786, Intervenor.

BEFORE: Harry Freedman, Vice-Chair, and Board Members G. Pickell and A. Haward.

DECISION OF THE BOARD; March 1, 2000

Decision

1The Board, differently constituted, by decision dated February 25, 2000 in Board File No. 3319-99-G adjourned that referral of a grievance to the Board under section 133 of the Labour Relations Act, 1995, S.O. 1995, c. 1 as amended (the "Act") sine die on the parties’ agreement.

2Counsel for the applicants in Board File No. 3285-99-G advised the Board by letter dated February 28, 2000 that the parties had agreed to adjourn the hearing that had been scheduled in that matter sine die pending resolution of the underlying jurisdictional dispute on the understanding that the applicants will file a complaint concerning a work assignment under section 99 of the Act with the Board. Counsel for applicants also advised the Board that the parties in Board File No. 3319-99-G have agreed that the applicant in that proceeding (U. A. Local 508) will file the complaint concerning a work assignment under section 99 of the Act with the Board rather than having the intervenor in that application file that complaint.

3Counsel for the applicants stated that all of the parties in both Board File Nos. 3285-99-G and 3319-99-G have agreed that the two work assignment complaints under section 99 of the Act to be filed by the applicants should be listed and scheduled for hearing together. The Board notes that counsel for the applicants continues to object to Ironworkers Local 786 and Ironworkers Local 759 having status to participate in Board File No. 3285-99-G or in the work assignment complaint to be filed by the applicants arising out of that proceeding.

4Therefore, having regard to the agreement of the parties in the referral of a grievance to the Board under section 133 of the Act in Board File No. 3285-99-G, this matter is adjourned sine die. Unless a party requests that the Board proceed with the matter within one year from the date of this decision, it will be deemed terminated without any further notice to the parties.

5The Board directs counsel for the applicants to advise the Registrar of the parties’ agreement with respect to the listing and scheduling for hearing of the work assignment complaints under section 99 of the Act arising out of Board File Nos.

3285-99-G and 3319-99-G when those work assignment complaints are filed with the Board.

“Harry Freedman”

for the Board