3377-99-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Jean Paul Construction Limited, Responding Party.
BEFORE: Mary Ellen Cummings, Alternate Chair and Board Members J. Knight and G. McMenemy.
APPEARANCES: Mike McCreary and Luigi Caringi for the applicant; no one appearing for the responding party.
DECISION OF THE BOARD; March 6, 2000
This is a referral of a grievance in the construction industry pursuant to section 133 of the Labour Relations Act, 1995 (the "Act").
A hearing was scheduled for Thursday, March 2, 2000, at 9:30 a.m. At 11:30 a.m., when the hearing was convened, no one had appeared for the responding party. The applicant requested that the Board issue an arrest warrant in respect of Frank Schiabel.
On the basis of the evidence and material before me, the Board is satisfied that Frank Schiabel, a principal of the responding party, was served at approximately 7:10 a.m. on February 25, 2000 with a Board summons together with conduct money in respect of the hearing set for March 2, 2000. The Board is further satisfied that Frank Schiabel 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 make a determination of this matter.
The applicant seeks a warrant for the arrest of Frank Schiabel. In Standard Insulation Limited, [1984] OLRB Rep. Feb. 383, the Board set out its authority to issue arrest warrants as follows:
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.
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 Frank Schiabel may be apprehended and brought before the Board at the "Board Room", 2nd Floor, 505 University Avenue, Toronto, Ontario, at the continuation of the hearing in this matter on March 16, 2000, commencing at 9:30 a.m. Frank Schiabel is to bring with him at that time:
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 Jean Paul Construction Limited during the period December 1999;
all contracts, subcontracts, agreements, invoices, statements with respect to the subcontracting of construction work for December 1999 to businesses, corporation, business styles and partnerships, or individuals in Ontario;
all letters, remittances forms, documents, voluntary recognition agreements and signed statements directed to or with respect to the Applicant or its Provincial Bargaining Agency;
All contracts, sub-contracts and agreements entered into by Jean Paul Construction Limited that pertain to construction work performed during the period December 1999.
For the information of the police, the evidence and information before the Board indicates that Frank Schiabel is a white skinned, dark‑haired, male who is approximately 45 years old. He is approximately 5 feet 5 inches tall and is of medium build. He works and lives at 197 Willowridge Road, Weston, Toronto, Ontario, telephone number (416)244-9680.
This matter is hereby adjourned to March 16, 2000, at 9:30 a.m. The hearing will reconvene at the "Board Room", 2nd Floor, 505 University Avenue, Toronto, Ontario.
This panel is not seized.
“Mary Ellen Cummings”
for the Board
Schedule “A”
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 Jean Paul Construction Limited during the period December 1999;
all contracts, subcontracts, agreements, invoices, statements with respect to the subcontracting of construction work for December 1999 to businesses, corporation, business styles and partnerships, or individuals in Ontario;
all letters, remittances forms, documents, voluntary recognition agreements and signed statements directed to or with respect to the Applicant or its Provincial Bargaining Agency;
All contracts, sub-contracts and agreements entered into by Jean Paul Construction Limited that pertain to construction work performed during the period December 1999.