Construction Workers Local 52, affiliated with the Christian Labour Association of Canada v. Elta Gas Services Ltd.
File No.: 0314-01-G Date: May 8, 2001
Before: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD
1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c. 1, (the "Act"). The referral was made on April 26, 2001. The accompanying Certificate of Delivery (Form A-86) states that the responding party was served on April 25, 2001 by the applicant having delivered a copy of the necessary documents required by Rule 155 of the Board's Rules of Procedure to the responding party by facsimile transmission on April 25, 2001. The Registrar faxed a Confirmation of Filing of a Referral of Grievance to Arbitration (Form B-67) to the fax number provided for the responding party in the application, 416-749-1354 on April 27, 2001 at 10:48 a.m.
2The responding party has not filed an Intent to Defend as required by the rules. The applicant seeks a decision without a hearing pursuant to the Board's Rules of Procedure. The Board is unable to do so.
3The copy of the collective agreement filed with the application is effective March 1, 2001 to February 28, 2004. The events complained of appear to predate that period. The Board has no copy of the relevant collective agreement. In any event, it is clear that some amount is claimed pursuant to an agreement with respect to pension payments. But it is impossible to calculate the amounts based on the material filed. The Board is also unable to determine if some of the monies have been paid and what rate of interest applies to which portions of the amount claimed and for what period of time. If an applicant wishes to claim amounts where the calculation is likely to be complex, such calculations should be set out in summary form with the application.
4This matter is set for hearing on May 10, 2001 and will proceed on that date.
"David A. McKee"
for the Board