3377-99-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Jean Paul Construction Limited, Responding Party.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; March 16, 2000
1This is a referral of a grievance in the construction industry pursuant to section 133 of the Labour Relations Act, 1995.
2By decision dated March 6, 2000, the Board (differently constituted) issued an arrest warrant so that Frank Schiabel could be brought before the Board on March 16, 2000 for the continuation of the hearing.
3On the day scheduled for the continuation of this matter no one appeared on behalf of the responding party. The Board’s Solicitor was unable to ascertain from 23rd Division of the Toronto Police Department whether the warrant had been executed and Mr. Frank Schiabel had in fact been apprehended.
4Information provided to the Labour Relations Officer would suggest that Mr. Schiabel had not been apprehended pursuant to the Board’s Warrant for Arrest of Defaulting Witness before the Ontario Labour Relations Board issued on March 6, 2000.
5Consequently, relying on the findings of fact made by the Board in its March 6, 2000 decision, pursuant to sections 48(12(d) and 111(2)(c) of the Act, the Board issues an arrest warrant in the form attached so that Frank Schiabel may be apprehended and brought before the Board at the "Board Room", 2nd Floor, 505 University Avenue, Toronto, Ontario, at the continuation of the hearing in this matter on Thursday, April 20, 2000, commencing at 9:30 a.m. Frank Schiabel is to bring with him at that time:
all employment and payroll records, including statements, time cards, records of payments, cheques, invoices, banking documents and all other documents and writings in your custody, possession or power relating to the employment of construction workers by Jean Paul Construction Limited during the period December 1999;
all contracts, subcontracts, agreements, invoices, statements with respect to the subcontracting of construction work for December 1999 to businesses, corporation, business styles and partnerships, or individuals in Ontario;
all letters, remittances forms, documents, voluntary recognition agreements and signed statements directed to or with respect to the Applicant or its Provincial Bargaining Agency;
All contracts, sub-contracts and agreements entered into by Jean Paul Construction Limited that pertain to construction work performed during the period December 1999.
6For the information of the police, the evidence and information before the Board indicates that Frank Schiabel is a white skinned, dark-haired, male who is approximately 45 years old. He is approximately 5 feet 5 inches tall and is of medium build. He works and lives at 197 Willowridge Road, Weston, Toronto, Ontario, telephone number (416)244-9680.
7This matter is adjourned once again to continue on Thursday, April 20, 2000 at 9:30 a.m. The hearing will reconvene at the “Board Room” 2ndFloor, 505 University Avenue, Toronto, Ontario.
- This panel is not seized.
“Inge M. Stamp”
for the Board