Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Peelco Construction Services Limited

2475-00-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Peelco Construction Services Limited, Responding Party.

BEFORE: Gail Misra, Vice-Chair, and Board Members J. G. Knight and A. Haward.

APPEARANCES: Michael McCreary for the applicant; no one appearing for the responding party.

DECISION OF THE BOARD; December 6, 2000

1. This is a referral of a grievance in the construction industry pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”).

2. A hearing was scheduled for Tuesday, December 5, 2000 at 9:30 a.m. At that time, no one had appeared for the responding party. The panel waited longer than the normal thirty minutes and then convened at 11:45 a.m. to hear the request of the applicant that the Board issue an arrest warrant in respect of John Matas.

3. On the basis of the evidence and material before us, the Board is satisfied that John Matas, a principal of the responding party, was served at approximately 10:40 a.m. on November 28, 2000 with a Board summons together with conduct money in respect of the hearing set for December 5, 2000. The Board is further satisfied that John Matas was properly served and has failed to attend in accordance with the summons and that his presence is material to the ends of justice, in that his testimony and the documents referred to in Schedule “A” to the summons are required in order for the Board to made a determination of this matter.

4. The applicant seeks a warrant for the arrest of John Matas. In Standard Insulation Limited, [1984] OLRB Rep. Feb. 383 the Board set out its authority to issue arrest warrants as follows:

5. The authority of the Board to summon and enforce the attendance of witnesses is provided for in section [111(2) (c)] of the Labour Relations Act. Sections [48 (12) (d)] and [133(d)] 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 [133] 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 [133] is therefore to be found in the provisions of the Labour Relations Act. Under the provisions of section [111(2)(c)] the 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 [133] 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.

6. Having regard to the foregoing, the Board pursuant to sections 48(12)(d) and 111(2)(c) of the Act, issues an arrest warrant in the form attached so that John Matas may be apprehended and brought before the Board at the “Board Room”, 2^nd Floor, 505 University Avenue, Toronto, Ontario, at the continuation of the hearing in this matter on December 19, 2000, commencing at 9:30 a.m. John Matas is to bring with him at that time:

7. All employment and payroll records, including statements, time cards, records of payments, cheques, invoices, banking documents and all other documents and writings in your custody, possession or power relating to the employment of construction workers by Peelco Construction Services Limited during the period of September 2000;

8. All contracts, subcontracts, agreements, invoices, statements with respect to the subcontracting of construction work for September 2000 to businesses, corporations, business styles and partnerships, or individuals in Ontario;

9. All letters, remittances forms, documents, voluntary recognition agreements and signed statements directed to or with respect to the Applicant or its Provincial Bargaining Agency;

10. All contracts, sub-contracts and agreements entered into by Peelco Construction Services Limited that pertain to construction work performed during the period of September 2000.

11. For the information of the police, the evidence and information before the Board indicates that John Matas is a white skinned, dark-haired male who is approximately 45 years of age, stands approximately 5 feet, 10 inches tall and of heavy build. He works out of premises located at 12 Falconer Drive, Unit #8, Mississauga, Ontario.

12. This matter is hereby adjourned to December 1