0172-01-M International Brotherhood of Electrical Workers, Local 586, Applicant v. K2 Contracting Inc., Kantec Corp. Inc., Kantec Builders Inc., Cranham Holdings Limited, Boldt Electrical Co. 1991 Ltd., James Davies, Carling Electric Inc., Responding Parties.
BEFORE: R. O. MacDowell, Chair.
DECISION OF THE BOARD; July 10, 2001
1. This is an application under section 115.1 of the Labour Relations Act, 1995 (the “Act”) which reads as follows:
115.1 (1) This section applies if the Board has commenced a hearing in a proceeding, six months or more have passed since the last day of hearing and a decision, order, direction, declaration or ruling of the Board has not been made.
2. As will be seen, section 115.1 gives the Chair of the Board a discretion to terminate a proceeding and “start over again”, where a panel of the Board has not issued a decision within 6 months of the last day of hearing.
3. This application under section 115.1 pertains to proceeding that involved three related applications, filed under sections 1(4), 69, 96 and 133 of the Act respectively (Board Files 0007‑96‑R, 0006‑96‑U and 0008-96-G). The hearing in that proceeding consumed a number of days, and at the time that the request under section 115.1 was made, a decision was indeed outstanding.
4. However, on May 1, 2001, the panel seized with these matters issued a decision, with reasons, dismissing the applications – a decision which is, of course, “final and binding” under section 114 and 116 of the Act.
5. In the circumstances, I see no reason to exercise the discretion given to the Chair under section 115.1.
6. This application is therefore dismissed. The hearing set for August 14, 2001 is hereby cancelled.
“R. O. MacDowell”
for the Board