Ontario Labour Relations Board
International Brotherhood of Electrical Workers, Local 586, Applicant v. Urtech Electric Inc., 3027317 Canada Inc./Bruce Mackie Electrical Contractors Ltd. c.o.b. as Urtech Electric a Division of 3027317 Canada Inc., 1221981 Ontario Limited carrying on business as S & S Electric Orleans Communications Inc., Responding Parties.
International Brotherhood of Electrical Workers, Local 586, Applicant v. 3027317 Canada Inc./Bruce Mackie Electrical Contractors Ltd. c.o.b. as Urtech Electric a Division of 3027317 Canada Inc., Urtech Electric Inc., 1221981 Ontario Limited carrying on business as S & S Electric Orleans Communications Inc., Responding Parties.
BEFORE: Caroline Rowan, Vice-Chair.
DECISION OF THE BOARD; December 20, 2001
Reasons for Decision
1By decision dated December 13, 2001 the Board directed the parties to file any submissions in response to the applicant’s request “that the Board deem Urtech Electric Inc. pursuant to Rule 41 of the Board’s Rules of Procedure to have accepted all of the facts stated in both Grievance Referral and the Section 69/1(4) Application, as Urtech had failed to respond to either proceeding”.
2The Board has received and reviewed the submissions filed in response to this request as well as the applicant’s reply submissions. The Board notes that both the responding party, 1221981 Ontario Limited c.o.b. as S & S Electric Orleans Communications Inc. and the responding party, 3027317 Canada Inc./Bruce Mackie Electrical Contractors Ltd. c.o.b. as Urtech Electric, A Division of 3027317 Canada Inc., filed submissions objecting to the applicant’s request in view of the fact that Urtech Electric Inc. has not been doing business since January 1, 1996 and was later dissolved pursuant to section 212 of the Canada Business Corporation Act effective March 6, 2000, which was prior to the commencement of these proceedings. In reply, the applicant disputes the suggestion that Urtech Electric Inc. “ceased having any legal standing” prior to the present applications.
3In the circumstances, the Board considers it appropriate to defer a consideration of the applicant’s request to the panel assigned to hear these matters on January 2 and 3, 2002. The applicant may raise its request at that time with the panel assigned to hear the matters.
“Caroline Rowan”
for the Board