3808-00-R Bricklayers, Masons Independent Union of Canada Local 1, Applicant v. 1428508 Ontario Limited c.o.b. as Forma-Con Construction, Responding Party v. Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America, Intervenor v. Labourers’ International Union of North America, Ontario Provincial District Council, Intervenor v. Universal Workers’ Union, Labourers’ International Union of North America, Local 183, Intervenor v. Masonry Contractors Association of Toronto Incorporated, Intervenor.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; November 2, 2001
The applicant has requested the Board to permit it to withdraw the application. Section 7(8) of the Labour Relations Act, 1995, S.O. 1995 ch. 1 (the “Act”) gives the Board a discretion to permit an applicant to withdraw an application on such terms as the Board may determine. At one time, the Board’s practice was to dismiss an application if the request was made after a vote had been taken. Given the identical effect of sections 7(10) and 10(3), there would seem to be little reason to maintain that distinction. Accordingly, the Board gives leave to the applicant to withdraw this application.
“David A. McKee”
for the Board