Ontario Labour Relations Board
0948-01-G The International Union of Painters and Allied Trades Local Union 1494, Applicant v. Windsor Painting Contractors (1986) Ltd., Responding Party.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; July 23, 2001
1This is an application for the referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995, S. O. 1995 ch. 1 (the "Act"). The application contained the usual request that the Board deal with this matter under the provisions of Rule 160 and 161 if no Notice of Intent to Participate was filed by the responding party.
2By letter dated July 6, 2001, the responding party wrote to the Board indicating that he had settled the matter with the union on terms proposed by the union. This letter was not filed in accordance with the Board's rules nor was it accompanied by the payment of fees required by section 133(10).
3The Board asked for the applicant's response to this letter. It appeared to the Board at the time that there was little point in issuing a decision on a "default" basis if to do so would only bring about an application for reconsideration on the basis that the settlement of the grievance deprived the Board of the jurisdiction to issue the decision.
4In response to the decision of the Board dated July 10, 2001, the Board has received no response from the applicant. It is not clear why the applicant did not respond to the Board. Since it filed the application, one would expect it to respond to a direction from the tribunal from which it seeks a result.
5However, the Board cannot consider the statements of the responding party in the form in which they have been filed. At a minimum, the responding party is obliged to complete and file with the Board a copy of the Form A-87 which was served on it with a copy of the referral and to pay the filing fees prescribed by section 113(10), of $200.00 plus $14.00 GST (which may be done by credit card using the form A-89 served on the responding party with the application). Unless the responding party does so, both section 133(12) of the Act and rules 42 and 158 to 160 prevent the Board from considering any matter raised by the responding party. In that case the responding party will be deemed to accept as true all of the facts pleaded by the applicant in the referral (which was filed before the alleged settlement), and a decision will be issued granting the applicant the relief sought in the referral.
6The Board extends the time for the filing of the Notice of Intent to Participate and the payment of fees to a date three working days after the date on which this decision is delivered to the parties by facsimile copier. If they are not filed by that date the Board will issue a decision without further notice to any party.
"David A. McKee"
for the Board