2345-01-G International Brotherhood of Electrical Workers, Local 353, Applicant v. Triple A Electric & Mechanical Corporation, Responding Party.
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; December 3, 2001
1This matter is a referral of grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”) in which the applicant has requested that the Board issue a decision without a hearing should the responding party fail to file a Request for Hearing and Notice of Intent to Defend/Participate. The applicant requests that the Board declare the responding party bound to the relevant collective agreements and to be in violation thereof. The applicant has further requested a Board order with respect to the production of documents.
2The Board is unable to issue a decision as requested by the applicant. There are no facts asserted in the grievance referral upon which the Board could find the responding party bound to the collective agreements. There are no facts asserted in the grievance referral upon which the Board could find the responding party to be in violation of the collective agreements. Failing any factual assertion in support of the responding party being bound to the collective agreements and in violation thereof, there is no foundation for the Board to order the responding party to produce documents to the applicant.
3The Board therefore directs that this matter proceed to hearing as scheduled so that the applicant can, at a minimum, adduce the necessary evidence to prove that the responding party is bound by the collective agreements and provide particulars as to the projects or work that gave rise to the grievance.
“D. L. Gee”
for the Board