George Takach

In an application alleging an unlawful lockout, the union sought the production of the employer's financial statements via a subpoena duces tecum.

The employer refused to produce the documents, arguing they were confidential and that it would only produce them if ordered by a court.

The Board ruled that the financial documents were arguably relevant because the employer had put its financial situation in issue as the reason for reducing employees' hours.

The Board directed that the documents be deposited with the Registrar, noting that confidentiality does not privilege documents from disclosure and that an implied undertaking protects against their use for collateral purposes.

The union requested a hearing to quantify damages from a previous grievance award and to amend the style of cause to add a related company, J.B. Carroll Electric Limited, following a section 1(4) declaration by another panel.

The Board held that amending the style of cause was unnecessary because the section 1(4) declaration already made the two companies one employer for the purposes of the Act, meaning the assets of both were susceptible to legal process.

The Board also determined the appropriate interest rate on the agreed-upon compensation of $42,149.25, rejecting the employer's argument for a fluctuating rate and fixing it at 11% from March 11, 1983.