0185-01-R Warrington Kelvin, Applicant v. Labourers’ International Union of North America, Local 183, Responding Party v. Javid Construction Management Limited, Intervenor.
BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; June 12, 2001
By letter dated May 28, 2001 the intervenor requests the Board direct the responding party to comply with Rues 30(d) and 38 of the Board’s Rules of Procedure, as well as section 8 of the Statutory Powers Procedure Act.
Having reviewed the allegations made by the responding party in Schedule “A” of the response, Form A-78, and the letter of May 23, 2001, the Board directs the responding party to fully particularize its allegations.
Rules 30(d) and 38 states:
Any response filed with the Board must include the following details:
d) where the responding party relies on a version of the facts different from the applicant's, a detailed statement of all material facts on which the responding party relies, including the circumstances, what happened, when and where it happened, and the names of any persons said to have acted improperly;
Where a party in a case intends to allege improper conduct by any person, he or she must do so promptly after finding out about the alleged improper conduct and provide a detailed statement of all material facts relied upon, including the circumstances, what happened, when and where it happened, and the names of any persons said to have acted improperly.
The responding party is directed to file the additional particulars with the Board and the other parties no later than June 22, 2001. Any responses are to be filed no later than July 6, 2001.
The Registrar is directed to schedule this matter for hearing for two days. If at the time of hearing the responding party has not provided additional particulars the intervenor may renew its motiion to the panel hearing this matter, that the responding party has failed to establish a prima facie violation of the Labour Relations Act, 1995 (the “Act”).
The Board notes that no unfair labour practice complaint has been filed by the responding party.
This matter is referred to the Registrar.
This panel is not seized.
“Inge M. Stamp”
for the Board