United Brotherhood of Carpenters and Joiners of America Local 1946 v. Reed Atwood Inc.
File No.: 0243-01-R Date: September 21, 2001
Before: David A. McKee, Vice-Chair.
Appearances: Mike McCreary and Brian McKnight for the applicant; Christopher M. Little and Gene Willms for the responding party.
DECISION OF THE BOARD
This is an application for certification brought pursuant to the construction industry provisions of the Labour Relations Act, 1995, S. O. 1995 ch.1 (the "Act"). At the conclusion of the first day of hearing, the Board made a procedural ruling, which it is appropriate to reduce to writing.
On the next day set for hearing, the applicant will call Brian Travis, and any other witness with respect to the three challenges the applicant has made to add persons to the voters’ list. The responding party will then call all of the evidence it wishes to call with respect to those persons. Any witness called by the responding party will be subject to examination and cross-examination on any facts relevant to the seven persons in dispute, although the responding party need not call all of its evidence with respect to the other four persons whose presence on the voters’ list is challenged by the applicant.
At the end of the evidence, the parties may, if one of them chooses to do so, argue the motion to bifurcate the proceeding in the manner proposed by the responding party. If the Board does decide to bifurcate it in that manner, the parties should then be prepared to address all their argument with respect to the challenges to Messrs Wright, Travis and Petersen.
Regardless of what time the argument concludes, the Board will not then commence to hear evidence from or with respect to the other four challenges. Accordingly, it will not be necessary for the other four challenged individuals to be present on the next day of hearing.
"David A. McKee"
for the Board