Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. O & P Carpentry Limited, 2001 CanLII 4103

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. O & P Carpentry Limited

File No.: 0013-01-G Date: April 24, 2001

Before: Harry Freedman, Vice-Chair, and Board Members G. Pickell and A. Haward

Appearances: J. David Watson and Lister Tennant for the applicant M. E. Geiger for the responding party

DECISION OF THE BOARD

1. This 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, as amended (the “Act”). Counsel for the responding party raised two preliminary matters. He submitted that the grievance was lacking in particulars and also submitted that the referral be dismissed on the grounds that the applicant is engaging in an abuse of the Board’s processes by bringing this application.

2. Counsel for the applicant was prepared to provide the responding party with additional particulars, and was also amenable to having this matter adjourned until the particulars were provided. In view of the parties’ submissions, the Board directs the applicant to provide counsel for the responding party with particulars of the specific claims it has made in the grievance filed in this matter, including but not limited to identifying what it alleges the responding party has done that violates the collective agreements by which it is bound, the projects where the employees were working that give rise to the alleged violations of the collective agreement and the specific collective agreement to which each specific claim relates. The applicant is directed to provide the responding party with the particulars described in paragraph 2 above within twenty working days of the date of this decision.

3. The responding party’s motion to dismiss this application on the grounds of abuse of process will require a factual foundation and context. The applicant may well dispute the facts on which the responding party may wish to rely in support of its motion.

4. The applicant will need some time to provide particulars to the responding party. The applicant will also have to review the documents the responding party is going to produce by reason of the Board’s decision in Board File No. 2511-99-G (an earlier proceeding under section 133 of the Act involving these two parties) issued contemporaneously with this decision. As well, the Board was advised that there are judicial proceedings ongoing that may have a bearing on the responding party’s abuse of process motion. Under these circumstances, the Board is adjourning this matter sine die for a period not exceeding one year from the date of this decision.

5. Should either party within that time request that this matter be relisted for hearing, the Registrar is directed to schedule the hearing before this panel of the Board not less than six weeks after (and longer if necessary) the request to have the matter relisted for hearing is received by the Board. After the Registrar had relisted this matter for hearing, not less than three weeks prior to the scheduled hearing the responding party is directed to deliver to the Board and to the applicant a statement of the material facts on which it intends to rely to argue its motion and the applicant is directed to deliver to the Board and to the responding party a statement of the material facts on which it intends to rely to respond to the responding party’s motion not less than one week prior to the scheduled hearing. Should the responding party fail to deliver its statement of fact by the time directed, the Board will not entertain the responding party’s abuse of process motion. If the Board does proceed with the responding party’s abuse of process motion to dismiss, neither party will be permitted to rely on or adduce evidence with respect to any facts not set out in their statements of fact nor will the applicant be permitted to rely on or adduce any evidence with respect to any facts if its statement of material facts is not delivered by the time directed.

6. If a party does not request that this matter be listed for hearing within one year of the date of this decision, it will be deemed terminated without further notice to the parties.

7. This panel of the Board remains seized with this matter.

“Harry Freedman”

for the Board