Brian T. Daly

The applicant union filed a construction industry grievance and a related employer application against Maaten Construction Limited and Days Inn.

The union alleged that Maaten, acting as a construction manager for Days Inn, contravened the subcontracting provision of the provincial agreement by soliciting bids from non-union contractors.

The Board found that Maaten breached the agreement regarding the foundation work but awarded no damages as the work was ultimately performed by union members.

The Board dismissed the related employer application, finding that Maaten did not acquire the right or obligation to perform the work contracted out by Days Inn.

During a hearing for certification and an unfair labour practice complaint, a dispute arose over a question posed during cross-examination.

Union counsel asked a witness, the employer's housekeeping supervisor, whether she went on vacation with the owner of the nursing home.

Employer counsel objected on the grounds of witness privacy.

The Board ruled that the question was permissible to test the credibility of the witness's evidence, as both the owner and the supervisor had testified they went their separate ways and did not discuss the dismissed employee.

However, the Board limited the cross-examination, ruling that union counsel must accept the witness's answer and could not pursue the issue further.

The Board also denied the employer's request for an adjournment to seek judicial review, directing counsel to move to another area of cross-examination for the remainder of the day.