Labourers’ International Union of North America, Local 527 v. National Capital Road Builders Association
File No.: 0271-01-M Date: May 22, 2001
Before: Harry Freedman, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
Decision of the Board
1The Board (differently constituted) by decision dated May 11, 2001 issued certain directions with respect to other entities that may be affected by the advice the Minister of Labour receives from the Board in this reference. The directions contained in paragraph 5 of the Board’s May 11th decision supplemented the directions issued by the Registrar in his notice of May 3, 2001. The Registrar, in accordance with the Board’s May 11, 2001 decision sent a package containing a copy of the file material to the International Union of Operating Engineers, Local 793 and to all of the employers listed in the letter from counsel for the Employer dated May 9, 2001.
2Counsel for the Union requested an adjournment of the hearing scheduled in this matter for June 15, 2001. Counsel for the Employer advised that the Employer does not consent to the Union’s request, but does state in his letter of May 14, 2001 “…it may be inevitable that an adjournment will be required by the Board in order to properly notify the various parties.” Subsequently, the Board was advised by counsel for the Union that he and counsel for the Employer had agreed to extend the time for filing their materials and requested that the Board extend the time for filing in accordance with the parties’ agreement.
3Having regard to the agreement of the Union and the Employer, the Board hereby extends the time for filing material by the Union to May 23, 2001 and by the Employer to June 7, 2001.
4The Board in its May 11, 2001 decision indicated that any party to whom notice of this proceeding was given had until May 30, 2001 to notify the Board and the other parties if they wished to participate in these proceedings. That decision directed the Employer and the Union to provide forthwith a copy of their material to those entities that gave notice of their desire to participate (the “Proposed Participants”). The Board also directed the Proposed Participants to file a Statement of Representations on or before June 8, 2001.
5In view of the extension of time granted to the Union and the Employer to file their material, it is also appropriate to extend the time to any Proposed Participant to file its Statement of Representations (containing the material set out in section 3 of paragraph 5 of the Board’s May 11, 2001 decision) to June 15, 2001. The Board also directs the Proposed Participants to deliver a copy of their Statement of Representations to the Employer and the Union on or before they file their Statement of Representations with the Board.
6Due to the extension of time sought by the Employer and the Union and the consequent extension of time granted by the Board to those two parties and to the Proposed Participants, the Board hereby adjourns the hearing of this matter scheduled for June 15, 2001 to a date to be fixed by the Registrar in consultation with counsel for the Union and counsel for the Employer.
7The Board also notes that Dibblee Paving & Materials Limited (“Dibblee”) has filed a notice of its wish to participate in this reference. Counsel for Local 527 has indicated that it will oppose Dibblee’s intervention. The right of Dibblee to participate is a matter that the panel of the Board assigned to hear this matter can determine when the hearing proceeds. In the interim, the parties are reminded of the directions the Board issued in its May 11, 2001 decision with respect to providing their material to any Proposed Participant, of which Dibblee is one.
8This matter is referred to the Registrar to be listed for hearing at the earliest available date after June 25, 2001 in consultation with counsel for the Union and counsel for the Employer.
9This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board