Scarborough Town Centre Holdings Inc. v. Carpenters District Council of Ontario
0686-01-R Scarborough Town Centre Holdings Inc., Applicant v. Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners of America, Responding Party.
0074-01-R Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Scarborough Town Centre Holdings Inc., Responding Party.
BEFORE: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD; September 20, 2001
1Board File No. 0074-01-R is an application under subsection 1(4) and section 69 of the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended (the "Act"). The applicant in that file (referred to as the "union") asks the Board to find that Scarborough Town Centre Limited and Scarborough Town Centre Holdings Inc. are related employers or that there has been a sale of a business from Scarborough Town Centre Limited to Scarborough Town Centre Holdings Inc. Scarborough Town Centre Limited is bound to the collective agreement between the Carpenters' District Council and the Carpenters' Employer bargaining agency. If the union is successful in the application in Board File No. 0074-01-R it will have bargaining rights with respect to Scarborough Town Centre Holdings Inc. Board File No. 0686-01-R is an application under section 127.2 by Scarborough Town Centre Holdings Inc. to terminate the union's bargaining rights.
2By way of correspondence dated September 12, 2001 the union asks the Board to hold the application in Board File No. 0686-01-R in abeyance until the application in Board File No. 0070-00-R has been determined. That request appears to be reasonable as it is only if the union is successful in Board File No. 0074-01-R that it will have bargaining rights with Scarborough Town Centre Holdings Inc. However, the Board will offer Scarborough Town Centre Holdings Inc. the opportunity to respond to the union's request. Scarborough Town Centre Holdings Inc. is directed to file its submissions (if any) with respect to the union's request on or before Monday, October 1, 2001. A copy of the submissions should be provided to the union. The Board will decide whether to grant the request after reviewing the response.
"Laura Trachuk"
for the Board