Ontario Labour Relations Board
File No.: 2526-89-G Date: July 19, 2001
Between: International Brotherhood of Electrical Workers, Local 894, Applicant v. Ellis-Don Limited, Responding Party.
Before: Harry Freedman, Vice-Chair.
Decision of the Board
1This referral of a grievance to the Board was scheduled for hearing at the request of the applicant in order to assess the damages contemplated by the decision of the Board (differently constituted) dated February 28, 1992 in which the Board found that the responding party had subcontracted work contrary to the collective agreement by which it was bound. The Board stated at paragraph 56 of that decision: "The question of damages is remitted to the parties. Should they be unable to resolve that issue between them, the Board retains jurisdiction to deal with that matter…."
2This matter was scheduled for hearing before me following the applicant's request in which the applicant advised that the judicial review proceedings initiated by the responding party had ended with the Supreme Court of Canada dismissing the responding party's appeal of the lower courts' decision dismissing the application for judicial review of the Board's February 28, 1992 decision. The Alternate Chair authorized me to sit alone to hear and determine this matter pursuant to section 110(14)(a) of the Labour Relations Act, 1995, S.O. 1995, c. 1, as am.
3When the hearing was about to convene, counsel for both the applicant and responding party advised me that they had reached a settlement of the matter and requested that the hearing be adjourned pending completion of the settlement.
4In view of the request of both parties and their agreement to adjourn the hearing, the Board hereby adjourns this matter sine die. Unless either party requests that the Board proceed with the matter within one year from the date of this decision, it will be deemed terminated without any further notice to the parties.
"Harry Freedman" for the Board