2001-01-G Carpenters and Allied Workers, Local 27 United Brotherhood of Carpenters and Joiners of America, Applicant v. Trudel & Sons Roofing Ltd., Responding Party.
2426-01-U Trudel and Sons Roofing Ltd., Applicant v. Residential Roofing Contractors Association of Metropolitan Toronto and Chouinard Brothers Roofing Ltd. and Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Responding Parties.
BEFORE: Christopher J. Albertyn, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; December 4, 2001
11. Board File 2001-01-G (“the grievance”) is a construction grievance filed under section 133 of the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended ("the Act"). Board File No. 2426-01-U is an unfair labour practice complaint by the responding party in the grievance (“the employer”).
22. The parties requested leave of the Board to adjourn the hearing scheduled on November 30, 2001. Without prejudice to the employer’s right to request that its unfair labour practice complaint be consolidated with the grievance and heard together, the parties wish to have the grievance heard on January 24, 2002.
33. On November 30, 2001 the employer paid the Board’s hearing fee in error.
44. The Board issues the following directions:
the hearing on November 30, 2001 is adjourned;
both the grievance and the unfair labour practice complaint will be set down for hearing on January 24, 2002;
the questions of whether the grievance and the unfair labour practice complaint are to be heard separately, together or consolidated will be determined by the panel of the Board assigned to deal with these matters;
the receipt issued by the Board, Receipt No. 01-0785, is hereby cancelled;
55. the cheque paid by the employer in the sum of $535 is to be returned to the employer’s solicitors;
66. these matters are referred to the Registrar.
“Christopher J. Albertyn”
for the Board