International Union of Bricklayers and Allied Craftsmen, Local 6 v. Marathon Delco Inc.
File No.: 2000-99-G Date: June 14, 2000 Before: Gail Misra, Vice-Chair, and Board Members J. Knight and G. McMenemy.
DECISION OF THE BOARD
1This is a referral of a grievance in the construction industry to arbitration pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”). By a decision dated March 22, 2000 the Board (differently constituted) found that the responding party (“Marathon”) had breached the collective agreement. At a hearing scheduled to be held on June 21, 2000 the remaining issue of the appropriate damages is to be decided.
2By a letter dated June 13, 2000 the applicant (the “union”) has requested that the Board order pre-hearing production of documents which will be necessary for the union to prove the quantum of damages.
3Having considered the applicant’s request, and in the exercise of the Board’s powers under sections 133(9) and 48(12), the Board orders the responding party to produce to the applicant the following documents:
(a) copies of all invoices from K J Masonry & Tile Ltd. for all masonry work performed on the Hotel Dieu Hospital project from the start of the job to date (excluding invoices dated January 14, 1999, August 16, 1999, and September 20, 1999);
(b) copies of all bids, tenders, offers, contracts (including schedules and appendices), invoices, purchase orders, including any and all documents indicating the labour components, for thermal and moisture protection work (including metallic waterproofing, air/vapour barriers and external insulation and finishing systems, but excluding composite membrane proofing which was performed by union labour); and,
(c) copies of all time sheets, time cards, time records, pay stubs and payroll records related to the thermal and moisture protection work.
4The Board declines to order K J Masonry to produce any documentation in advance of the hearing as K J Masonry is not a party to this proceeding. The Board’s jurisdiction to compel pre-hearing production is with respect to parties to a proceeding. The union has already issued a Board summons to an individual from K J Masonry, and as a result, Mr. John Jankrysa is obliged to attend at the hearing with the documents requested.
5The responding party is directed to comply with the production order by making available to the union all of the documentation listed above by 9 a.m. on Monday June 19, 2000. Any documents produced as a result of this order are only to be used for the purposes of this proceeding and not for any other purpose.
6This panel is not seized.
“Gail Misra”
for the Board