[1991] OLRB Rep. January 17
2526-89-G International Brotherhood of Electrical Workers, Local 894, Applicant v. Ellis-Don Limited, Respondent
BEFORE: S. A. Tacon, Vice-Chair, and Board Members J. Trim and J. Redshaw.
APPEARANCES: A. M. Minsky, Robert Hill and Arlene Huggins for the applicant; Roy Filion, Frank Angeletti and Paul Richer for the respondent.
DECISION OF S. A. TACON, VICE-CHAIR AND J. REDSHAW, BOARD MEMBER: January 25, 1991
As agreed by the parties on the last day of hearing, the parties filed written submissions with the Board with respect to respondent counsel's objection to the admissibility in argument of a report and supplementary report prepared for the Ministry of Labour in 1980 by George W. Adams, Special Counsel (at that time).
Having regard to those submissions the Board finds that the report and the supplementary report are admissible for the purpose sought by counsel for the applicant, that is, to show the mischief, in Mr. Adam's view, which existed prior to the amendments to the Labour Relations Act in question.
The parties also agreed on the last day of hearing that, if the material in question was ruled admissible, the parties would then address the question of the probative value of such material. Accordingly, the Board affords the parties the opportunity to address that matter in writing as follows:
(a) submissions from Mr. Minsky due two weeks following the release of this decision;
(b) response by Mr. Filion no later than two weeks following the deadline in (a);
(c) reply submissions, if any, by Mr. Minsky no later than one week following the deadline in (b).
DECISION OF BOARD MEMBER J. TRIM: January 25, 1991.
I dissent.