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Motion for production of archived and potentially lost union notes dismissed due to unreasonableness and delay.
During an ongoing hearing for a duty of fair representation complaint, the applicant moved for the production of notes made by a union official during the preparation of the applicant's arbitration case several years prior.
The union official testified that the notes were either lost, destroyed, or buried in hundreds of boxes sent to the Federal Archives.
The Board dismissed the motion, finding it unreasonable to direct the union to undertake a massive search for un-subpoenaed documents that may not exist or be relevant, especially given the applicant's delay in filing the complaint.
Interim order in jurisdictional dispute varied to include additional installation work assignments.
The respondent employers brought a request to vary an interim order previously issued by the Board in a jurisdictional dispute under section 81 of the Labour Relations Act.
The employers sought to add specific installation work to the order.
The Board noted that both the complainant and respondent trade unions had claimed this work at the time the initial complaint was filed, and their positions remained unchanged.
Relying on its jurisdiction under section 95(1) of the Act, the Board varied the interim order to direct the employers to assign the additional work to members of the appropriate complainant trade unions.