Ontario Labour Relations Board
Between:
James McKeary, Applicant
v.
International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128, Responding Party.
Before: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD
1Counsel for the responding party moves to strike a number of paragraphs from the applicant’s statement of fact. The issue before the Board in this proceeding is the propriety of the responding party’s referrals in relation to three specific jobs and whether its conduct in relation to those referrals violated section 75 of the Act. I have reviewed the applicant’s statement of fact and considered counsel’s submissions in support of his motion.
2For ease of reference, I will refer to the list of paragraphs set out in the responding party’s counsel’s letter of March 28, 2000. The responding party’s motion in respect of items 1, 2, 3, 4, 5, 6, 7, 8, 11, 14, 20 and 23 is dismissed. Its motion with respect to items 9, 10, 13, 15, 16, 17, 18, 19 and 22 is granted. Therefore, those passages of the applicant’s statement referred to in items 9, 10, 13, 15, 16, 17, 18, 19 and 22 of the responding party’s counsel’s letter of March 28, 2000 are struck as they are irrelevant to the issue before me or have already been the subject of a decision in this matter dealing with the production of documents. In addition, with respect to item 12, the responding party need not produce the out of work list from November 1997 to November 30, 1999, but must produce, if it has not already done so, the out of work list as of November 30, 1998. With respect to item 21, only the last sentence of paragraph 42 is struck. Finally, with respect to item 23, the second paragraph numbered 48 is struck, as paragraph 6 (b) of the Board’s December 17, 1999 decision was quite specific about what evidence would be permitted. The motion with respect to the first paragraph numbered 48 is dismissed.
3This matter will proceed before this panel of the Board on the dates fixed by the Registrar.
“Harry Freedman”
for the Board