0003-01-U; 0004-01-R United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 71, Applicant v. Rideau Plumbing and Heating Ltd.; Gilles Plumbing and Gilles Patenaude, Responding Parties.
BEFORE: Mary Ellen Cummings, Alternate-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 10, 2001
1. This is an application for a declaration that two or more employers are a single employer for the purposes of the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended (the “Act”) and/or for a declaration that all or part of the business has been sold to another entity. The applicant also alleges that the responding parties have committed unfair labour practices.
2. None of the responding parties have filed a response. Rule 41 of the Board’s Rules of Procedure provides:
- If a party receiving notice of an application does not file a response in the way required by these Rules, he or she may be deemed to have accepted all of the facts stated in the application, and the Board may cancel a hearing or consultation, if one is scheduled, and decide the case upon the material before it without further notice.
3. Accordingly we deem the responding parties to have accepted as true all of the facts set out in these applications. However, the Board cannot determine whether notice to employees of the section 69/1(4) application was posted in the workplace because neither the responding parties nor the applicant has provided a Confirmation of Posting. The applicant is directed to advice the Registrar whether notice has been posted. If notice was not posted, the applicant will provide the Board with the location where work is being performed by affected employees and the Board will direct a Labour Relations Officer to post notices.
4. If convenient the Registrar is directed to place further issues in this matter before this panel of the Board.
“Mary Ellen Cummings”
for the Board