International Brotherhood of Painters and Allied Trades Local 1795 -Glaziers v. King Glass Limited/King Glass, 1989 CanLII 2985

File No.: 2171-89-G Date: 1989-12-20 Ontario Labour Relations Board

Re: International Brotherhood of Painters and Allied Trades Local 1795 -Glaziers, Applicant And: King Glass Limited/King Glass, Respondent

Before: Ken Petryshen, Vice-Chair, and Board Members G. O. Shamanski and C. A. Ballentine.

Appearances: George McMenemy for the applicant; no one appearing on behalf of the respondent.

DECISION OF THE BOARD; December 20, 1989

1The applicant has referred a grievance concerning the interpretation, application, administration or alleged violation of a collective agreement to the Board for final and binding determination.

2This application was scheduled for hearing on December 18, 1989. Notice of hearing of this application was served on the parties. The Board is satisfied that Casey S. Locke was duly served with a subpoena duces tecum which required Casey S. Locke to attend at the hearing in this matter on December 18, 1989. The respondent was not present at the hearing and Casey S. Locke did not appear and give evidence at the hearing before the Board on December 18, 1989. The applicant has requested that the Board issue a warrant for the arrest of Casey S. Locke so that the Board can ensure and direct compliance with its summons.

3The Board has on previous occasions issued arrest warrants. In Standard Insulation Limited, [1984] OLRB Rep. Feb. 383, the Board examined its authority to issue an arrest warrant. At page 384 the Board stated its views in paragraph 6 as follows:

The authority of the Board to summon and enforce the attendance of witnesses is provided for in section 103(2)(a) of the Labour Relations Act. Sections 44(8) and 124(3) also provide for the power of an arbitrator or the chairman of an arbitration board or the Board to summon and enforce the attendance of witnesses. The instant referral has been made under section 124 of the Labour Relations Act. When the Board is acting as an arbitrator the enforcement procedures contained in sections 12 and 13 of the Statutory Powers Procedure Act do not apply to arbitrators under the Labour Relations Act. See section 3(2)(d) of the Statutory Powers Procedure Act, Casalbil Contractor Limited, [1980] OLRB Rep. Sept. 1278, and Re International Association of Heat & Frost Insulators & Asbestos Workers Local 95 and Master Insulators Association of Ontario et al. 1979 CanLII 1622 (ON HCJ), 99 D.L.R. (3d) 757; 25 O.R. (2d) 8. The power to enforce the attendance of witnesses when the Board is entertaining a referral under section 124 is therefore to be found in the provisions of the Labour Relations Act. Under the provisions of section 103(2)(a), a Board has the power to enforce the attendance of witnesses in the same manner as a court of record in civil cases. This authority includes that power to issue a warrant for the arrest of a person who has failed to appear when duly served with a summons. See Casalbil Contractor Limited, supra, at page 1279. The powers which the Board currently exercises in this regard with respect to proceedings under section 124 were formerly exercised by it with respect to all of its proceedings under the Act before the application of the Statutory Powers Procedure Act to the Board.

4As was stated earlier, the Board is satisfied that Casey S. Locke was duly served with a subpoena duces tecum which required Casey S. Locke to attend at the hearing in this matter on December 18, 1989. Casey S. Locke did not attend and give evidence at the hearing before the Board on December 18, 1989. The Board is also satisfied that the presence of Casey S. Locke is material to the ends of justice in that his evidence is required in order for the Board to make a determination in this matter.

5Having regard to the foregoing, the Board issues an arrest warrant in the usual form requiring the presence of Casey S. Locke at 9:30 a.m. on January 16, 1990, at the continuation of its hearing in this matter at the Board's hearing rooms on the sixth floor of 400 University Avenue in the City of Toronto.

6This matter is referred to the Registrar to be listed for continuation of hearing on January 16, 1990. This panel is not seized of the merits of this application.