International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. The On-Site Group Inc.
1356-01-G International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736, Applicant v. The On-Site Group Inc., Responding Party v. Millwright Regional Council of Ontario, Intervenor.
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; August 17, 2001
1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended (“the Act”).
2The Millwright Regional Council of Ontario (“the Millwrights”) has sought to intervene in the proceedings, but it has not filed a Request for Hearing and Notice of Intent to Defend/Participate (Form A-87). It has also not paid a filing fee.
3The responding party has failed to file a Request for Hearing and Notice of Intent to Defend/Participate. In its referral the applicant has requested the Board to determine the referral without a hearing and with reference only to the material filed by the applicant if the responding party failed to file a Request for Hearing and Notice of Intent to Defend/Participate. Therefore the applicant is in a position to obtain a default determination of this grievance.
4Rule 144 of the Board’s Rules requires the payment of a $200 fee (plus GST) by a party which files a Request for Hearing and Notice of Intent to Defend/Participate. No such fee is payable for filing an intervention. (An intervenor must, of course, pay a fee for participating in the hearing: Doug Chalmers Construction Limited [2000] OLRB Rep. July/August 608). However, if no party files a Request for Hearing and Notice of Intent to Defend/Participate, then the applicant is entitled to its default determination of the grievance without a hearing, notwithstanding the intervention. The intervention would be of no force and effect in those circumstances. Hence, if the Millwrights want this matter to go to a hearing and avoid it being determined on the basis of the applicant’s material, they must themselves file a Request for Hearing and Notice of Intent to Defend/Participate and pay the filing fee.
5The Millwrights are afforded an opportunity to file a Request for Hearing and Notice of Intent to Defend/Participate and pay the filing fee. That must be done by Tuesday, August 21, 2001 at 5:00 p.m., failing which the applicant’s request for a default determination will be considered by the Board.
“Christopher J. Albertyn”
for the Board