[1998] OLRB REP. MARCH/APRIL 337
3878-96-R; 3879-96-G International Association of Bridge, Structural Ornamental and Reinforcing Iron Workers, Local 721, Applicant v. Peel Steel Ltd., Peel Steel (Northern) Limited and Tower Steel Company Ltd., Responding Parties; International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Applicant v. Tower Steel Company Ltd., Responding Party
BEFORE: Lee Shouldice. Vice-Chair.
DECISION OF THE BOARD; April 27, 1998
These proceedings are, respectively, an application brought pursuant to sections 69 and 1(4) of the Labour Relations Act, 1995 (hereinafter "the Act"), and an application brought before the Board pursuant to section 133 of the Act. The proceedings are scheduled for hearing on July 7, 8 and 9, 1998.
The applicant (hereinafter "Local 721") has written requesting that the Board require the responding party Tower Steel Company Ltd. (hereinafter "Tower") to produce certain particulars and documents in advance of the hearing. It is evident that Tower has provided, to date, a number of the documents requested by the applicant. However, there remains in issue the question of the production of a list of clients and suppliers of Tower. which that entity has refused to provide to Local 721. It is evident that counsel have made good faith efforts to resolve the issue short of a Board order. However, no resolution has been reached by the parties. Accordingly, Local 721 has requested that the Board direct the production of that information. Further to that request, the parties have now filed their submissions on the issue with the Board.
I do not propose to describe, at great length, the respective theories of the parties' cases. In essence, Local 721 asserts that the principal of the predecessor employer(s) carries on business as Tower. and that the information requested is relevant to that issue, as well as to the question of actual or potential erosion of bargaining rights, and therefore the exercise of the Board's discretion to make a related employer declaration. Tower, on the other hand, asserts that Local 721's application is unfounded, on the basis that the predecessor business was sold to a third party, which is currently bound to a collective agreement with Local 721.
It is my view that the information requested by Local 721 is arguably relevant to the application before the Board under sections 69 and 1(4) of the Act. It may well be that obtaining the information requested may not - in and of itself - produce all of the answers sought by Local 721, as was suggested by counsel for Tower. However, the information will enable Local 721 to prepare its case in advance of the hearing. This, of course, is the primary reason that the Board utilizes its prehearing production powers (see, in particular, sections 111(2) and 69(8) of the Act) to require responding parties to produce documentation and information in advance of the hearing. In accordance with sections 69(8), 111 (2)(a) and (b) of the Act, I order Tower to produce to Local 721 a list of its clients and suppliers.
Counsel for Tower submitted, in the alternative, that should the Board order production of the list of clients and suppliers as requested by counsel for Local 721, certain restrictions ought to be imposed on the order. Most importantly, counsel requested that Local 721 and its counsel be restricted from contacting the businesses and individuals named on the lists for any purpose without the express permission of Tower. Other restrictions related to the return of the lists after their review and the requirement that the lists not be disclosed or used for any other purpose than these proceedings.
In the circumstances, I am of the view that it is appropriate to place some limitations upon the use of the list produced by Tower. However, for reasons which are almost too obvious, it is inappropriate to restrict Local 721 from contacting the businesses and individuals named on the lists without the express permission of Tower. Accordingly, I direct the following:
(a) Tower is to provide to Local 721 a list of its clients and suppliers, forthwith;
(b) the list produced by Tower is to be used strictly and only for the purpose of these proceedings and not for any other collateral or ulterior purpose. I note here that the Board has, previously, refused to allow a party to rely upon a document that had been improperly utilized in breach of such an obligation (see Bridgewood Plumbing Limited, Board File 004-95-R, unreported decision dated October 24, 1995);
(c) no copies of the list produced by Tower is to be produced by Local 721 or its agents, without the consent of Tower. Upon the completion of these proceedings, Local 721 is to immediately return to Tower the list previously produced, and any copies created in accordance with this order; and
(d) the businesses and individuals named on the list are only to be contacted by Local 721 through its counsel, unless the Board specifically orders otherwise.
In my view, the imposition of these restrictions protects the interests of both Local 721 and Tower.
- This panel is not seized of this proceeding.