Ontario Labour Relations Board
Parties
0264-01-G International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736, Applicant v. DRS Steel Inc., Responding Party.
BEFORE: D. L. Gee, Vice-Chair and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 8, 2001
Decision
1This matter is a referral of grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995 (the "Act"). By decision dated May 2, 2001 (the "default decision"), the Board declared the responding party bound to the Collective Agreement and in violation thereof. Damages as stipulated in the default decision were ordered.
2In the grievance referral, the applicant requested damages that post-dated the grievance referral. Such damages could not be awarded in the default decision, as the Board had no way of knowing whether such further damages were appropriate. As a result, and in order to allow the applicant to pursue further damages without the need to file a further grievance referral, the hearing date of May 8, 2001 was not cancelled. The decision specifically reserved the applicant's right to attend at the Board on May 8, 2001 and seek damages for the period following the grievance referral up to the date of the hearing.
3The Board, however, anticipated that the applicant may, given the costs involved in doing so, choose to forego additional damages. If such was the case, the hearing would not be required. Accordingly, the Board, in paragraph 14 of the default decision stated as follows:
- The applicant is hereby directed to advise the Registrar of the Board, no later than 5:00 p.m. on May 7, 2001 as to whether it intends to attend at the Board for a hearing on May 8, 2001 in order to pursue damages in addition to those set out herein.
No communication was received from the applicant by 5:00 p.m. on May 7, 2001.
4The Registrar of the Board assigned a full panel to hear this matter on May 8, 2001. A Labour Relations Officer was assigned to be present for the purpose of meeting with the parties in advance of the hearing.
5At the time that the hearing was scheduled to begin, no one was in attendance. At the request of the panel, the Labour Relations Officer contacted counsel for the applicant and was advised that the applicant would not be attending. Counsel indicated that the Board's direction was interpreted as necessitating communication with the Registrar only if the applicant intended to attend. A letter requesting cancellation of the hearing was faxed to the Board at 9:59 a.m. on the day of the hearing.
6The Board's resources are in very short supply and high demand. It does not serve the Board, or the community, for the Board's resources to be tied up unnecessarily. The Board's direction of May 2, 2001 was intended to avoid the very result that obtained in this case. Had the Board had notice of the applicant's intention not to attend, the panel assigned to hear this matter could have been assigned to another matter.
7Regardless of the Board's direction, parties must always communicate with the Registrar of the Board, in a timely manner, when they do not intend to attend at a scheduled Board hearing.
8Having regard to the applicant's failure to attend on May 8, 2001, no further damages are payable. This matter is hereby closed.
"D. L. Gee"
for the Board