Ontario Labour Relations Board
3885-00-R International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736, Applicant v. Donald J. Collins c.o.b. as Diamond Steel, Donald J. Collins in his personal capacity Collin Erectors Inc., Responding Parties.
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 9, 2001
1This is an application for a declaration that two or more employers are a single employer for the purposes of the Labour Relations Act, 1995 (the "Act") and or for a declaration that all or part of the business has been sold to another entity.
2The responding parties have not responded to the application. Furthermore, the applicant has determined that the responding parties have failed to post the required Notice to Employees at the job site where affected employees are working, the court house in Owen Sound.
3The Board hereby directs that a Labour Relations Officer to post notice of this proceeding at:
Owen Sound Court House Corner of Ninth Avenue – Sixth Street East Owen Sound, Ontario
4If any affected employees wish to make submissions with respect to this application they must do so by the terminal date set out in the Notice to Employees.
5As set out above, the responding parties have failed to file a response. Rule 41 of the Board's Rules of Procedure provides:
- If a party receiving notice of an application does not file a response in the way required by these Rules, he or she may be deemed to have accepted all of the facts stated in the application, and the Board may cancel a hearing or consultation, if one is scheduled, and decide the case upon the material before it without further notice.
6Accordingly, we deem the responding parties to have accepted all of the facts set out in the application as true. The Registrar is directed to return this file to this panel of the Board, if convenient, once the new terminal date has passed.
"Mary Ellen Cummings"
for the Board