1328-00-U Michael Powell, Applicant v. The Hotel & Rest. Union Local #75, Responding Party v. Olde York Esplanade Hotels c.o.b. Novotel Toronto Centre Hotel, Intervenor.

BEFORE: Stephen Raymond, Vice-Chair.

DECISION OF THE BOARD; August 28, 2001

1. This matter was set for consultation. At the outset of the consultation the representative of the applicant requested an adjournment because the applicant was unable to attend due to medical reasons. A medical note was produced. The representative of the applicant indicated that he had only been informed of the medical condition of the applicant on the afternoon prior to the consultation and that he attempted to contact the representative of the respondent trade union and did contact the representative of the intervenor employer to request an adjournment. The adjournment request was opposed.

2. A consultation should, whenever possible, take place in the presence of the person who has brought the application. There is no significant prejudice to the parties in not granting the adjournment.

3. The adjournment request was granted at the consultation.

4. However, the respondent trade union has raised an issue in its response regarding whether the applicant has set out in the application a prima facie violation of the Act.

5 The Board ordered the parties to make submissions on this matter. The respondent trade union and intervenor employer are directed to file submissions on this issue on or before September 7, 2001. The applicant is directed to file submissions in this issue on or before September 21, 2001. If either the respondent trade union or the intervenor employer wish to file further submissions, they must be filed on or before September 28, 2001.

6. I am seized of this matter.

“Stephen Raymond”

for the Board