Ontario Labour Relations Board
International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Applicants v. Daniel McLean in his personal capacity and c.o.b. as D M Rebar, Mac Reinforcing Ltd., 860716 Ontario Limited, Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America, Responding Parties.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; June 1, 2001
Decision
1The applicant filed Minutes of Settlement in certain other applications related to this one under cover of a letter of May 4, 2001. In that letter he requested that the Board schedule this application in the ordinary course. That request is reflected in paragraph 4 of the decision of May 14, 2001 in this and other files.
2On May 11, 2001 the applicant sent a letter to the Board pointing out that no response had been received from the responding parties to this application. It requested the Board to deem that the responding parties accepted all of the facts alleged in the application as true and to issue a decision on the basis of those facts. The Registrar copied this letter to the parties by letter dated May 15, 2001 soliciting the parties’ comments by May 24, 2001. I was not aware of that letter when the May 14 decision was issued. The May 14 decision was mailed to the parties by cover letter of May 17, 2001. That is, the last document received from the Board indicates that this application will proceed to hearing in the normal course. It also failed to list United Brotherhood of Carpenters and Joiners of America, Local 1030 as a party to the application.
3Given the order in which documents emanated from the Board, I am not satisfied that it has been clearly brought to the attention of the responding parties that the applicant is seeking all of the relief claimed in the application (some of which appears to be contrary to the Minutes of Settlement) rather than simply expecting the matter to proceed to hearing in the normal course. Accordingly, the responding parties are directed to file a response, if any, within 10 days of the date of this decision. If they fail to do so, the applicant is directed to advise the Board of which heads of relief set out in the application it still seeks. The Board will then deal with the motion contained in the applicant’s letter of May 11, 2001.
4I am not seized of this application.
"David A. McKee"
for the Board