Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Sir Forming Limited, Crisan Forming Inc. and Italarm Construction Ltd.
1415-99-R; Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Sir Forming Limited, Crisan Forming Inc. and Italarm Construction Ltd., Responding Parties.
1421-99-G; Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Sir Forming Limited, and Crisan Forming Inc., Responding Parties.
1422-99-G; Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Sir Forming Limited, and Italarm Construction Ltd., Responding Parties.
BEFORE: Gail Misra, Vice-Chair, and Board Members J. Knight and G. McMenemy.
DECISION OF THE BOARD; June 19, 2000
1By a letter dated March 14, 2000 the applicant (the “union”) had requested the production of documents from the responding parties pursuant to sections 1(5) and 69(13) of the Labour Relations Act, 1995 (the “Act”). The Board initially declined to order that Sir Forming Ltd. (“Sir”) make the necessary production as the Board was not satisfied that that party had been properly served. (See decision dated March 21, 2000, panel differently constituted). By a decision dated April 3, 2000, after a hearing had been held, the Board (panel differently constituted) found that Sir had received notice of the applications. In a letter dated June 12, 2000, the applicant union has renewed its request for production from Sir.
2Since the Board has now found that Sir had been properly served, there is no reason not to grant the production request. The Board orders Sir Forming Ltd. to produce to the applicant’s counsel all documents requested in his letter dated March 14, 2000 (a copy of which is appended as Appendix “A” to this decision). Any documents listed which are in the possession, care or control of this responding party must be produced to the applicant as ordered by July 1, 2000. If the documents requested do not exist, they obviously cannot be produced. Any documents produced in accordance with this order are not to be used for any purposes unrelated to this proceeding.
3This panel is not seized.
“Gail Misra”
for the Board