4199-97-G; 4200-97-R International Union of Bricklayers and Allied Craftsmen and The Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftsmen and International Union of Bricklayers and Allied Craftsmen, Local 20, Oshawa, Applicant v. Gay Construction Limited and Gay Company Limited, Richard H. Gay Holdings Ltd. c.o.b. as Gay Property Management and Jarigay Investments Limited, Responding Parties.

BEFORE: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and

G. McMenemy.

APPEARANCES: David Watson and Rick Lediard for the applicant; Michael Horan and Richard Gay for the responding parties.

DECISION OF THE BOARD; February 2, 2000

1. By correspondence dated December 21, 1999 and January 27, 2000 from counsel for the applicant and correspondence dated January 20 and 31, 2000 from counsel for the responding parties Gay Construction Limited and Gay Company Limited a number of issues have been raised.

2. The applicant has requested to add Richard H. Gay Holdings Ltd. c.o.b. as Gay Property Management and Jarigay Investments Limited as responding parties to these proceedings. The applicant has further requested to amend its production request of October 2, 1998 to include documents and particulars relating to these additional entities.

3. The title of this proceeding is amended to add Richard H. Gay Holdings Ltd. c.o.b. as Gay Property Management and Jarigay Investments Limited as responding parties. The Registrar is directed to reprocess the Notices to Employees to show the amended names of the responding parties.

4. Both the applicant and the responding parties raised a number of issues with respect to the production of documents pursuant to s. l(5) and the Board’s decision of March 29, 1999. The applicant asserts the production of documents to date does not comply with the Board’s order. The responding parties submits they have produced voluminous documentation in excess of 500 pages. The responding parties further assert they are concerned that the documentation that has been provided has been used in another proceeding involving a different applicant, the Carpenters, in Board File

3030-99-R.

5. In the circumstances the Board directs the responding parties to bring documents that are in their possession and/or control, and are arguable relevant to the proceedings before the Board in these applications, to the next scheduled hearing date in these matters. The parties are directed to make their submissions to the panel hearing these applications with respect to any outstanding issues regarding production of documents.

6. The next hearing dates are scheduled for May 15, 16, 29 and 30, 2000.

“Inge M. Stamp”

for the Board