International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Monac Steel Ltd.
Board Information
File No.: 0877-01-G Applicant: International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 Responding Party: Monac Steel Ltd. Before: Harry Freedman, Vice-Chair, and Board Members G. Pickell and A. Haward. Decision of the Board: June 29, 2001
Decision
1The Board, by decision in this matter dated June 28, 2001 noted that the responding party had failed to file a Request for Hearing and Notice of Intent to Defend/Participate (Form A-87) within the time required by the Board’s Rules. That decision also found that the responding party had violated the collective agreement and ordered it to pay damages to the applicant.
2The responding party, by letter to the Registrar dated June 28, 2001 advises that it had not received the Form A-87 nor the Form A-88 (Response to the Referral) and furthermore, that the material it did receive from the applicant was delivered by Purolator on June 21, 2001. The certificate of delivery filed by the applicant stated that the applicant had delivered all of the material required by the Rules to the responding party, including both the Form A-87 and Form A-88 by using Post Corporation (Priority Courier) to deliver that material to the responding party before noon on June 20, 2001.
3Under the circumstances, the applicant must not later than Wednesday, July 4, 2001 provide the Board with proof of the delivery to the responding party of the requisite material. Should the applicant not provide proof of delivery by Priority Post of the material to the responding party on June 20, 2001 on or before July 4, 2001, the Board’s decision of June 28, 2001 will be revoked and this matter will be relisted for hearing.
4This panel of the Board remains seized with determining whether to revoke the Board’s decision of June 28, 2001.
“Harry Freedman”
for the Board