Ontario Labour Relations Board
File No.: 2304-00-G Date: November 14, 2000
Between: Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. T & F Lathing Ltd., Responding Party.
Before: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD
This is an application for the referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995, S.O. 1995 ch. 1 (the "Act"). The responding party has filed a Notice of Intent to Defend and has asked the Board to order the applicant to provide particulars of the allegations contained in the grievance.
Many of the particulars are in fact more likely to be within the knowledge or control of the responding party than the applicant. However, the responding party is entitled to some of the particulars sought. The Board orders the applicant to provide to the responding party no later than November 29, 2000 the following particulars:
The provisions of the ISCA collective agreement allegedly violated;
The names and approximate locations of any projects or job sites other than the Grand Harbour Condominium Project in Toronto, Ontario at which the applicant alleges that work was performed in violation of the collective agreement (see Karl Thier Construction Limited, [1985] OLRB Rep. June 887);
The approximate period during which work was allegedly performed in violation of the collective agreement at all sites which make up the substance of this grievance;
The name of the representative of the responding party with whom Joe Sleva had discussions referred to in the grievance, and the date(s) on which such discussions took place;
The number of persons whom the applicant could have referred to work during each of the time periods referred to in subparagraph (3) hereof.
This panel is not seized of the application.
“David A. McKee”
for the Board```