United Brotherhood of Carpenters and Joiners of America, Lake Ontario District Council v. Lardale Construction
4193-98-G United Brotherhood of Carpenters and Joiners of America, Lake Ontario District Council, Applicant v. Lardale Construction, Lardale Construction Inc. and Mel-Ron Construction Limited, Responding Parties.
4196-98-R United Brotherhood of Carpenters and Joiners of America, Lake Ontario District Council, Applicant v. Lardale Construction, Lardale Construction Inc., Mel-Ron Construction Limited, Responding Parties v. Universal Workers Union, Labourers’ International Union of North America Local 183, Intervenor.
BEFORE: Christopher J. Albertyn, Vice-Chair, and Board Members G. Pickell and
G. McMenemy.
APPEARANCES: Norm Jesin, David Watson, Joel Neville and Frank Godfrey for the applicant; David Cowling, Larry Kernohan and Dale Kernohan for Lardale Construction and Lardale Construction Inc.; Liz Keenan, Deborah Van Schyndel, Budd Kernohan and Nicole Brown for Mel-Ron Construction Limited.
DECISION OF THE BOARD; November 22, 2001
Decision
1Board file 4196-98-R is an application pursuant to the provisions of section 69 and 1(4) of the Labour Relations Act, 1995, S.O. 1995, c.1 (“the Act”). Board File 4193-98-G is a construction grievance under section 133 of the Act.
2On September 19, 2001 this panel of the Board issued a decision in which it recused itself from continuing to hear the matter. That decision is the subject of a reconsideration request by Lardale Construction Inc. (“Lardale”), supported by Mel-Ron Construction Limited.
3As contended by Lardale, the Board accepts that the parties were not given an adequate opportunity to make submissions on the specific issue of whether the panel should have recused itself. The Board therefore rescinds its decision to recuse itself. This panel of the Board is, nonetheless, considering whether it can properly continue to hear this matter, or whether it should recuse itself. To that end, the parties are afforded an opportunity to make submissions on the issue of whether or not this panel of the Board should recuse itself and refer these matters to a different panel of the Board for hearing, as was ordered in the Board’s September 19, 2001 decision.
4Any submissions on this issue are to be filed within 10 days of the date of this decision.
5We remain seized to deal with the submissions.
“Christopher J. Albertyn”
for the Board