0184-01-U Mattamy Homes Ltd. and its subsidiary corporations through which it carries on business at the sites as set out in Schedule “A” to the application, Applicant v. Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, and Chouinard Brothers Roofing Co., Responding Parties.
BEFORE: D. L. Gee, Vice-Chair.
APPEARANCES: F. G. Hamilton, Tom Moutsatsos and Bernie Torchia for the applicant; Mike McCreary and Cesar Rodrigues for Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America; Mike McCreary for Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America; Erin Kuzz and Hugh Laird for Marel Contractors Ltd., Nelmar Drywall Company Ltd., Tabrco Management Ltd. and 4 Star Drywall Ltd.
DECISION OF THE BOARD; April 23, 2001
1This matter is an application pursuant to section 144 of the Labour Relations Act, 1995 (the “Act”) that came on for hearing on April 19, 2001.
2A number of preliminary issues were dealt with by the Board at the commencement of the hearing. The Board ruled that the facts asserted in the application did not establish a prima facie case as against Marel Contractors Ltd., Nelmar Drywall Company Ltd., Tabrco Management Ltd., 4 Star Drywall Ltd. and Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America (the “Carpenters”). Accordingly, such parties are hereby removed from the style of cause as responding parties and instead listed as interested parties.
3Prior to the commencement of the hearing on the merits, the parties agreed to adjourn the hearing on the condition that, in the event that there was any further activity that the applicant viewed as a violation of section 144, this application, and a companion application referred to below, would be brought on for hearing within 24 hours of such a request being made to the Registrar of the Board.
4Having regard to the Board’s dismissal of this application as against the Carpenters, the applicant indicated that it intended to file a fresh application setting out particulars that it relies upon in support of its assertion that the Carpenters have engaged in conduct that violates section 144 of the Act. The applicant further asserted that it would be amending its application in the instant matter to add one or more named individuals as responding parties and provide particulars in relation thereto. Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America (“Local 675”) indicated that it would be filing an amended response.
5Given that the parties have agreed that this matter could come back on on 24 hours notice, it is necessary to have any and all pleadings filed with the Board in advance of any such request being made. Accordingly, the applicant is hereby directed to file and deliver any new application it intends to file that it would be asking be listed together for hearing with the instant matter and any amended application it intends to file in the instant matter, no later than 5:00 p.m. on Tuesday, April 24, 2001. The applicant is further directed to serve a copy of this decision on all responding parties to any new application as well as any newly named responding party in the instant application. All responding parties to any such applications (ie. this application as amended and any new application) including Local 675, must file and deliver their response no later than 5:00 p.m. on Wednesday, April 25, 2001. Delivery of any materials is to be made to both the party and the party’s counsel as well as to counsel for the interested parties.
6The directions in the foregoing paragraph do not limit the applicants right to file a new application that would be dealt with by the Board in the normal course as opposed to in the fast track fashion agreed to by the parties.
“D. L. Gee”
for the Board