Ontario Labour Relations Board
0512-01-G The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46, Applicant v. Atlantic H.V.A.C. Systems Ltd., Responding Party.
BEFORE: M. A. Nairn, Vice-Chair.
DECISION OF THE BOARD; May 23, 2001
1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c. 1, (the “Act”). The referral was made on May 11, 2001. The accompanying Certificate of Delivery (Form A-86) states that the responding party was served on May 9, 2001 by the applicant having delivered a copy of the necessary documents required by Rule 155 of the Board’s Rules of Procedure to the responding party by giving them to Purolator Courier on May 8, 2001 who assured the applicant that they would be delivered on Wednesday, May 9, 2001by no later than 2:00p.m. The Registrar faxed a Confirmation of Filing of a Referral of Grievance to Arbitration (Form B-67) to the fax number provided for the responding party in the application, 905-760-2626 on May 14, 2001 at 16:56.
2As of the date of this decision, the responding party has not filed a Request for Hearing and Notice of Intent to Defend/Participate (Form A-87). The Board’s Rules of Procedure explicitly stipulate the consequences of failing to comply with the filing requirements contained in the Rules.
3The applicant has requested that the Board make findings with respect to liability and to refer the issue of damages to the hearing. However having reviewed the application, I am not prepared to determine the referral only with regard to the material filed. Therefore the hearing scheduled in this matter for May 25, 2001 will deal with any and all issues remaining in dispute.
4The responding party is hereby directed to produce to the applicant by no later than 9:00a.m. May 25, 2001 the returns required by Schedule “L” of Appendix 11 to the provincial collective agreement, or, in the alternative, payroll or other records showing hours worked by all employees of the responding party for the month of February 2001.
“M. A. Nairn”
for the Board