Ontario Labour Relations Board
1951-01-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. Central Park Lodges Ltd. Kanata Retirement Residence, Responding Party v. Canadian Health Services, Intervenor.
2179-01-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. Canadian Health Care Workers, Responding Party.
2180-01-U National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. Central Park Lodges Ltd. and CPL Inc. and Central Health Services and Retirement Residences Real Estate Investment Trust, Responding Parties.
2187-01-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) , Applicant v. Central Park Lodges Ltd. and CPL Inc. and Central Health Services and Retirement Residences Real Estate Investment Trust, Responding Parties.
2173-01-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada, Applicant v. Central Park Lodges Ltd. Retirement Residences REIT, Central Health Services cob as Colonel By Retirement Residence, Responding Party v. Canadian Health Care Workers, Intervenor.
2335-01-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Canadian Health Care Workers, Responding Party.
2336-01-U National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant; Central Park Lodges Ltd., Central Health Services, Retirement Residences Real Estate Investment Trust, Retirement Residences Operations (REIT) LP, Responding Parties.
2338-01-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant; Central Park Lodges Ltd., Central Health Services, Retirement Residences Real Estate Investment Trust, Retirement Residences Operations (REIT) LP, Responding Parties.
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; November 21, 2001
Decision
These are applications under the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended ("the Act"). Board Files 1951-01-R, 2179-01-R, 2180-01-U, 2187-01-R and 2173-01-R (“the current applications”) are to be heard together. They have been set down for hearing on December 10 and 11, 2001.
The applicant has filed three new applications. They are Board files 2335-01-R, 2336-01-U, 2338-01-R (“the new applications”). Without prejudice to the position of any party on the issue, at this stage the new applications will be set down with the current applications.
Accordingly the time period for responses in the new applications is amended. Any responses and interventions are to be filed by December 4, 2001. Any production requests or requests for further particulars are to be made by December 7, 2001.
Some pre-hearing case management of these files is required before a hearing commences. To that end a consultation will be scheduled, not a hearing, and only one day will be required, not two, as currently scheduled. Accordingly the hearing scheduled on December 10, 2001 is cancelled. December 11, 2001 will be used for the consultation.
The parties should expect the Board may want to do the following at the consultation:
to define the issues in dispute in the different applications;
to determine what facts can be agreed upon without further proof;
to determine what evidence will be required and who will provide that evidence;
to determine what production of documents should be made;
to decide what further particulars are needed, if any;
to determine whether the applications should be heard together or separately;
to determine the order of proceeding;
to set the dates for the prompt hearing of these applications;
to determine such other procedural matters which will assist the parties to expedite the hearing and resolution of these matters.
I am not seized.
“Christopher J. Albertyn”
for the Board