Ontario Labour Relations Board
File No.: 2135-01-G Date: November 19, 2001
Between: International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Applicant v. Simcoe Iron Inc., Responding Party.
Before: Mary Ellen Cummings, Alternate Chair, and Board Members G. Pickell and G. McMenemy.
Decision of the Board
1This is a referral of a grievance in the construction industry, pursuant to section 133 of the Labour Relations Act, 1995 (the "Act").
2By letter dated November 16, 2001, counsel for the applicant wrote to the Board:
Please be advised that the parties have agreed to request leave of the Board to adjourn the hearing to December 10, 2001.
3After indicating that the parties had agreed to meet with a Labour Relations Officer on November 23, 2001, counsel continued:
The applicant Local 721 is also requesting at this time that the Board deem the responding party Simcoe Iron Inc. to have accepted all the facts stated in the application pursuant to Rule 160, in that the responding party has not delivered and a filed a "Request for Hearing and Notice of Intent to Defend (Form A-87)".
4The Board grants leave to adjourn this matter to December 10, 2001. The hearing will commence at 9:30 a.m. at the Board's premises, 505 University Avenue, 2nd Floor, Toronto, Ontario.
5However, the Board is not prepared to exercise its discretion at this time and deem the responding party to have accepted all the facts stated in the application as true. The responding party's agreement to adjourn this matter to a fixed date and agreement to a meeting with the Officer could reasonably have led the responding party to believe it was not in jeopardy of a request that the Board exercise its discretion in the meantime.
6In any event, by decision dated November 16, 2001, the Board concluded that it was unable to make the declarations sought based on the applicant's pleadings.
7This panel is not seized.
"Mary Ellen Cummings"
for the Board