Ontario Labour Relations Board
File No.: 2171-01-R Parties: Construction and Allied Workers Local Union 607, Applicant v. Durwest Construction Inc., Responding Party. Before: Caroline Rowan, Vice-Chair. Decision of the Board: November 7, 2001
Decision
1The Board is in receipt of correspondence from counsel for the responding party dated November 7, 2001, in which he states that the responding party did not receive the Application for Certification and documents required to be delivered pursuant to Rule 133 of the Board’s Rules of Procedure until Tuesday, November 6, 2001. The Board notes that the Certificate of Delivery filed by the applicant indicates that the application and required documents would be delivered by no later than November 5, 2001. If that did not, in fact, occur (as the responding party suggests) until November 6, 2001 then the date of delivery pursuant to Rule 23 of the Board’s Rules of Procedure would be November 6, 2001.
2In the circumstances, the Board directs the applicant to file forthwith with the Board satisfactory proof that the documents were, in fact, delivered by no later than November 5, 2001 as indicated in the Certificate of Delivery, failing which the Board, in determining when to direct a representation vote in this matter, will accept the responding party’s contention that delivery did not occur until November 6, 2001.
“Caroline Rowan”
for the Board