2981-99-U Hospitality & Service Trades Union, Local 261, Applicant v. ABM International Inc., Responding Party.
BEFORE: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD; March 8, 2000
1This is an application under section 96 of the Labour Relations Act, 1995 (the "Act") alleging, among other things, that the applicant has failed to bargain in good faith, and seeking production of a certain document.
2Section 17 of the Act states:
“The parties shall meet within 15 days from the giving of the notice or within such further period as the parties agree upon and they shall bargain in good faith and make every reasonable effort to make a collective agreement.”
3By decision dated February 3, 2000, the Board directed the responding party to file a response by no later than February 9, 2000. A response was received on February 7, 2000. By an endorsement dated February 21, 2000, the Board directed the applicant to file a reply to the response by no later than March 3, 2000. A reply was filed on March 7, 2000.
4The applicant has filed copies of correspondence sent to the responding party requesting that it meet and negotiate a collective agreement. It appears from this correspondence that the responding party is asserting that its contract with the Residence Inn (Marriott) at 161 Laurier Ave. West, Ottawa is an important factor in respect of its ability to meet the applicant’s bargaining demands.
5The applicant seeks an order of the Board directing production by the responding party of a copy of the contract between the responding party and the aforementioned hotel.
6The Board directs the responding party to provide to the applicant, by no later than March 22, 2000, a copy of any contract or contracts between the responding party and the owner and/or operator of the Residence Inn (Marriott) hotel located at 161 Laurier Ave. West, Ottawa, that pertain to the services provided by the responding party to the hotel and that are relevant in any way to the work performed by persons represented by the applicant or to the position taken by the responding party in its collective negotiations with the applicant.
7The Board will not make a decision at this time on the issue of whether or not the responding party has violated section 17. The Registrar is directed to schedule the matter for a hearing in respect of all outstanding issues.
“Anthony Brown”
for the Board