0478-99-G Labourers’ International Union of North America, Local 527, Applicant v. Herve Pomerleau Ciments & Tuiles De Beauce Enr., Responding Parties.
1723-99-R Labourers’ International Union of North America, Local 527, Applicant v. Ciments & Tuiles De Beauce Enr., Herve Pomerleau Inc., Responding Parties.
BEFORE: Harry Freedman, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; January 12, 2000
This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c. 1 as amended (the "Act") (Board File No. 0478-99-G) and an application for declaratory and other relief under sections 69 and 1(4) of the Act (Board File No. 1723-99-R). Counsel for Hérve Pomerleau Inc. filed a response to the referral in Board File No. 0478-99-G, but nothing has been filed by either of the responding parties in Board File No. 1723-99-R. Furthermore, as the responding parties failed or refused to post the requisite notices to employees, an officer of the Board posted the notice to employees. The Board also extended the terminal date in that latter application to November 3, 1999.
Counsel for the applicant, by letter dated January 6, 2000 requests that the Board issue an interim order directing the responding parties to produce documents for inspection by counsel for the applicant. It appears to the Board from a perusal of the documents sought that most of them are, at least, arguably relevant to the matters in issue. Therefore, the Board directs the responding parties to review their records and produce the following documents for inspection by counsel for the applicant:
All contracts, agreements, codicils, or any other document entered into between Ciments & Tuiles De Beauce Enr. And Herve Pomerleau Inc. of or relating to the transfer of shares, equipment, machinery, money, goodwill or any other assets – all from the date of incorporation to September 15, 1999, being the date of application.
All corporate ledgers, including shareholder ledgers, shareholder agreements; all minutes of the Board of Directors meetings; all by-laws passed by the entities, Board of Directors or binding upon the corporations or Board of Directors; all agreements and contracts between Ciments & Tuiles De Beauce Enr. And Herve Pomerleau Inc. – all from the date of incorporation to September 15, 1999.
A list of equipment, machinery and other tangible assets (including vehicle identification numbers and proof of ownership), a list of all equipment, machinery and other tangible assets bought and sold for the period of January 1989 to September 15, 1999.
All construction contracts, tenders, subcontracts, invoices, books, records, journals, diaries, documents and work schedules for the period of January 1989 to September 15, 1999.
The responding parties are directed to have those documents available for inspection by counsel for the applicant on or before Monday, February 7, 2000. If the parties cannot agree upon where or how those documents may be inspected, any party may seek further directions from the Board.
The applicant also requested that the Board list these matters for hearing and that the Labour Relations Officer assigned to these matters convene a pre-hearing settlement meeting. These matters are referred to the Registrar.
This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board