Labourers’ International Union of North America, Local 527 v. 1248833 Ontario Inc.
1648-99-R Labourers’ International Union of North America, Local 527, Applicant v. 1248833 Ontario Inc., carrying on business as Harold’s Demolition & Recycling, Responding Party.
1877-99-U Labourers’ International Union of North America, Local 527, Applicant v. 1248833 Ontario Inc., carrying on business as Harold’s Demolition & Recycling, Responding Party.
BEFORE: M. A. Nairn, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; February 28, 2000
Decision
By letter dated February 14, 2000 the Registrar sought comments from the responding party in response to a letter received from the applicant dated February 9, 2000. The applicant is seeking to amend its remedial request in Board File No. 1877 99-U to include a request for a further representation vote pursuant to section 11 of the Labour Relations Act, 1995 (the “Act”). It is also seeking pre-hearing production of certain materials from the responding party. The responding party opposes both requests.
The request to amend the remedial response is one properly dealt with by the panel hearing the matter. We note that a request to add a remedial order is somewhat different from seeking to add material facts that could have been pleaded in a timely way. Whether or not an applicant is entitled to a particular remedy will of course depend on whether or not it can establish the facts asserted and persuade the Board that the remedy sought is an appropriate response. The applicant has not sought to plead additional factual material, only its assertion as to what the Board should do if those facts are established.
The responding party takes the position that production of documents relevant to these proceedings has been provided. It appears that the responding party has produced a one-page document referenced as “time sheets”. The applicant seeks the employment records for all employees, including all time sheets, journals (including cash/petty cash journals and cheque registers) for the period August 1 to October 31, 1999. The applicant also seeks the production of a “red binder”.
Any reference to the contents of a “red binder” is not readily apparent from a review of the files. Thus we are not able to assess its relevance to either of these proceedings. We are satisfied that employment records of those persons either challenged in the application for certification or named as affected by the responding party’s asserted conduct in the section 96 application, are arguably relevant to these proceedings. This order for pre-hearing production is limited therefore as follows. The responding party is to produce to the applicant by no later than March 6, 2000 the employment records for Pascal Tan, Perry Desrochers, Steven Desrochers, Carl Desrochers, Jeff Inniger, Kevin Smith, Kelly Tan, Jamie Lepage, Jamie Seyeau, Jeff Jonkers, Tony Farn, Lawrence Powers, John Arch, and Pam Poulin. Those records shall include any and all time sheets or other records evidencing work performed or amount of work performed for the period August 1 to October 31, 1999.
Any further production issues may be addressed to the panel at the outset of the hearing scheduled for March 13, 2000.
“M. A . Nairn”
for the Board