Ontario Labour Relations Board
3279-00-R Labourers’ International Union of North America, Applicant v. O & P Carpentry Limited, Responding Party v. Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Intervenor.
3341-00-U Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. O & P Carpentry Limited and Labourers’ International Union of North America, Responding Parties.
BEFORE: Christopher J. Albertyn, Vice-Chair, and Board Members J.G. Knight
and G. McMenemy.
DECISION OF THE BOARD; July 26, 2001
Board File 3279-00-R is a certification application filed under the construction industry provisions of the Labour Relations Act, 1995, R.S.O. 1995, c.1, as amended (“the Act”) brought by the Labourers’ International Union of North America (“the Labourers”). It wants to displace the Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America (“the Carpenters”), which holds bargaining rights for employees of O & P Carpentry Limited (“the employer / the company”).
Board File 3341-00-U is an unfair labour practice complaint. It is brought by the Carpenters against the company and the Labourers. The Carpenters claim the company has colluded with the Labourers to facilitate their certification application in a manner which is contrary to the Labour Relations Act, 1995, R.S.O. 1995, c.1, as amended (“the Act”).
The Board issued a previous decision in this matter on June 12, 2001. It requested the Registrar to schedule three days of hearing.
The Registrar has scheduled three days of hearing. Counsel for The Carpenters is not available on two of the three days, and the employer’s counsel is not available on the third day. The Carpenters request an adjournment and the assignment of fresh dates by the Registrar in consultation with the parties’ representatives. The employer has no objection to the request.
The Labourers object to any adjournment of the scheduled dates.
The Board’s policy as regards to adjournment requests is that it will not grant adjournments other than on consent, except in exceptional circumstances. Board File no. 3279-00-R is a certification application. Such applications should be dealt with expeditiously. If these matters were adjourned, this panel, which is seized of the applications, could not provide three days of hearing before December 2001. That would be an unreasonably long delay of the certification application.
In the circumstances, the adjournment request is denied. The hearing will proceed as scheduled.
“Christopher J. Albertyn”
for the Board