Labourers’ International Union of North America, Local 527 v. National Capital Road Builders Association
0271-01-M Labourers’ International Union of North America, Local 527 (“Union”), Applicant, v. National Capital Road Builders Association (“Employer”), Responding Party.
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; August 20, 2001
This is a reference by the Minister of Labour to the Board for its advice. The question to the Board is set out in the Board’s (differently constituted) decision dated May 11, 2001. Subsequent decisions of the Board (differently constituted) extended the times for filing certain materials.
A hearing in this matter has been rescheduled to take place on Thursday, October 23, 2001 at 9:30 a.m. at “Board Room”, 2nd Floor, 505 University Avenue, Toronto, Ontario.
By letter dated May 9, 2001 the National Capital Road Builders Association (NCRBA) provided a list of employers it believes may be affected by this application. “The Ganawa Inc.” at 2001 Thickson Road South, Whitby, Ontario, L1N 6J3 is one of the employers on that list.
The Board sent its correspondence to Ganawa at the address provided by NCRBA including the notice of hearing dated July 26, 2001.
By letter dated August 16, 2001 “The Ganawa Company Ltd.” (Ganawa) indicates it is confused as to why it is named in this application. Ganawa further indicates that it has not received any other material from the Board and asks the Board to review its “reasons for including this company and to forward the appropriate file information”.
The Board hereby directs the Registrar to send copies of the earlier decisions in this matter and any other Board generated notices to The Ganawa Company Ltd./The Ganawa Inc. at 397 Frankcom St., Ajax, Ont. L1S 1R4.
Paragraph 5 of the decision in this matter dated May 11, 2001 states:
The Registrar is directed to send to the IUOE and the employers listed in the letter of counsel to the NCRBA dated May 9, 2001 copies of all material in the file. The directions of the Registrar contained in the Notice of May 3, 2001 are supplemented as follows.
All the additional parties to whom notice is given pursuant to this decision who wish to participate in this reference shall indicate their desire to do so on or before May 30, 2001. This notice shall be delivered to the Labourers' International Union of North America Local 527 and the NCRBA as well as the Board;
If notice is received of a desire to participate by either of those two parties, they shall forward a copy of their submissions to the proposed participant forthwith;
Any party who wises to participate in this reference shall file with the Board, not later than June 8, 2001 a Statement of Representations which shall include the following:
(1) A statement of the basis on which the proposed participant seeks to participate in the proceeding;
(2) A statement of agreement or disagreement with each fact or allegation in the Union’s and the NCRBA’s statement of material facts;
(3) A detailed statement of any facts, whether they are different from those set out by any other party or in addition to what another party has alleged;
(4) The proposed participant’s position respecting the question referred to the Board by the Minister;
(5) Complete written representations in support of its position;
(6) A list of all relevant documents and copies of those documents if they are in the possession of the proposed participant.
As indicated above the hearing has been rescheduled to October 23, 2001. Gawana’s attention is directed to the above instructions and to file its materials with the Board and the other parties by September 7, 2001.
I am not seized with this matter.
“Inge M. Stamp”
for the Board