1902-01-R United Brotherhood of Carpenters and Joiners of America, Local 397, Applicant v. Peaks General Contractors Inc., Responding Party.
BEFORE: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD; October 17, 2001
1. This is an application for certification in the construction industry. In a Decision dated October 16, 2001 the Board directed that a representation vote be held on October 18, 2001. In that decision the Board indicated that the response had been filed within the time stipulated by Rule 135 of the Board’s Rules of Procedure. The applicant now asks the Board to disregard the response as it was filed after 5:00 p.m. on October 15, 2001.
2. Rule 41 and 44 provide as follows:
41. If a party receiving notice of an application does not file a response in the way required by these Rules, he or she may be deemed to have accepted all of the facts stated in the application, and the Board may cancel a hearing or consultation, if one is scheduled, and decide the case upon the material before it without further notice.
44. The Board may relieve against the strict application of these Rules where it considers it advisable.
3. Pursuant to the above provisions the Board has the discretion as to whether it will accept a response which is filed after the date set out in the Rules. In this case the Board considers it appropriate to exercise that discretion. The Board had the response in time to consider it before issuing its vote decision. There has been no prejudice alleged by the applicant. The Board will therefore accept the response filed by the responding party even though it was filed a few hours after the time set out in the Board’s Rules.
“Laura Trachuk”
for the Board