United Brotherhood of Carpenters and Joiners of America, Local 27 v. A. Reisman Construction Limited et al.
[1988] OLRB Rep. January 1
2313-87-R United Brotherhood of Carpenters and Joiners of America, Local 27, Applicant v. A. Reisman Construction Limited; Red Banner Developments Limited; A. Reisman Holdings Limited; Fred T. Reisman & Associates Limited; Resigeorge Management Limited; A. Reisman Financial Corporation; The A. R. Primary Trust, The G. R. Primary Trust, The M. R. Primary Trust, carrying on business as Danforth Holdings Company (1966); Al Reisman Limited; and George Reisman Limited, Respondents
BEFORE: G. T. Surdykowski, Vice-Chair, and Board Members D. A. MacDonald and J. Redshaw.
APPEARANCES: David McKee, Tony Bucci and Dory J. Smith for the applicant; Pamela Yudcovitch and Fred Reisman for Fred T. Reisman & Associates and M. R. Primary Trust; Joe Carrier, Manny Brykman and Al Reisman for A. Reisman Construction Limited and Red Banner Developments Limited; Carl W. Peterson for George Reisman Limited, Resigeorge Management Limited and G. R. Primary Trust, respondents.
DECISION OF THE BOARD; January 29, 1988
1This application for declarations pursuant to sections 1(4) or 63 of the Labour Relations Act same on for hearing on January 25, 1988. At that time, the Board directed that A. Reisman Holdings Limited; Fred T. Reisman & Associates Limited; Reisgeorge Management Limited; A. Reisman Financial Corporation; The A. R. Primary Trust, The G. R. Primary Trust, The M. R. Primary Trust, carrying on business as Danforth Holdings Company (1966); Al Reisman Limited; and George Reisman Limited be added as party respondents.
2Upon hearing the representations of counsel, the Board granted a request, by George Reisman Limited, Reisgeorge Management Limited, the G. R. Primary Trust, Fred T. Reisman & Associated Limited, and The M. R. Primary Trust, for an adjournment.
3In addition, upon motion of counsel for the respondents referred to in paragraph 2 above, the Board directed the applicant to provide full particulars of the material facts upon which it relies and the relief which it claims against the respondents named in paragraph 1 above. This direction is to be complied with forthwith and certainly no later than March 11, 1988.
4The Board observes that this application was filed on November 18, 1987. By letter from counsel dated December 23, 1987, the applicant sought to add 8 additional respondents (7 of which have been added as set out in paragraph 1 above) and requested that a new terminal date be set for the application. Other than addresses, the letter provides no particulars whatsoever with respect to the entities named, either with respect to the manner in which these are alleged to be associated or related activities or businesses which are or were carried on under common control or direction, or otherwise. Nor does the letter indicate what relief is claimed against them. Presumably, a party seeking declaratory relief under section 1(4) or section 63 of the Act has information which led it to make the application in the first place. Accordingly, and notwithstanding the provisions of sections 1(5) and 63(3), which are procedural in nature, the Board's Rules of Procedure and natural justice require an applicant in a proceeding such as this to provide written particulars of both the allegations of fact upon which the application is based, and the relief being sought. Neither a respondent, nor the Board, should be required to "guess" or assume what is being alleged or sought. Because of the difficulties that can result, it is not usually, and was not in this instance, sufficient or desirable to provide the required particulars or any of them verbally.
5It also appeared to the Board that a pre-hearing conference might be useful in this matter. Accordingly, the Registrar is directed to schedule a pre-hearing conference, to be held before a Vice-Chair of the Board, for April 11. 1988, which date was agreeable to the parties present at the hearing. The parties are directed to bring to the pre-hearing conference all documents in their possession, power, or control which relate to the matters in issue, whether or not they intend to rely upon them.
6The Registrar is further directed to schedule this matter to be heard on April 18 and 19, 1988, which dates were also agreeable to the parties present at the hearing. The purpose of the hearing is to hear the evidence and representations of the parties with respect to all matters arising out and incidental to the application.
7The parties are directed to agree on four further dates in May 1988, from which the Board will select two to be used in the event that the hearing cannot be concluded in a time scheduled as aforesaid. The parties are directed to advise the Registrar four agreed dates by February 18, 1988.