Brian A. O'Byrne

During a hearing for unfair labour practice complaints alleging the union failed to bargain in good faith, the complainants served a subpoena duces tecum on a union representative seeking documents related to the union's collective bargaining strategies.

The union objected to the scope of the subpoena, arguing it was a fishing expedition and would prejudice negotiations.

The Ontario Labour Relations Board found the original subpoena too broad and restricted its scope, ordering the representative to bring only specific documents relating to joint bargaining strategies and intentions to proceed to impasse on certain proposals to the next hearing.

The respondents raised a preliminary objection to dismiss a section 68 complaint due to the complainant's delay in filing.

The Board ruled that the complaint would be heard on its merits.

However, due to the delay, the complainant was denied monetary compensation for the period between February 1, 1982, and April 14, 1983.

The respondents were held liable for compensation during a sine die adjournment because they failed to stipulate otherwise as a condition of the adjournment.