Brick and Allied Craft Union of Canada, Local 5 v. Hyde Park Masonry Limited
1072-00-G Brick and Allied Craft Union of Canada, Local 5, Applicant v. Hyde Park Masonry Limited, Responding Party v. International Union of Bricklayers and Allied Craftworkers, Local 6, Intervenor.
BEFORE: Gail Misra, Vice-Chair, and Board Members J. G. Knight and G. McMenemy
DECISION OF THE BOARD; August 28, 2000
1The Board has received a request for reconsideration of its decision of August 4, 2000, in which the Board declined to issue a pre-hearing production order in a construction industry grievance arbitration.
2In the reconsideration application counsel for the applicant has relied upon the Board’s jurisprudence in sections 69 and 1(4) applications. That jurisprudence is grounded on the provisions of the Labour Relations Act, 1995 (the “Act”) that specifically put the onus in such applications on the responding parties (see sections 1(5) and 69(13)) and as such are of little assistance in the context of this application.
3The reconsideration application makes further legal arguments regarding the bases upon which the Board may issue a pre-hearing production order. The Board has already turned its mind to this issue, it has decided that this is not an appropriate instance in which to order pre-hearing production, and the reconsideration application adds nothing new.
4The Board notes that the responding party has now filed its response, so the applicant has knowledge of the position being taken by the employer.
5The reconsideration application is an iteration of a legal argument regarding why the Board should have ordered pre-hearing production. The Board has already considered the issue and the legal framework, it has considered the nature of this application, and has ruled that it will not order pre-hearing production. As the decision of August 4, 2000 outlines, the applicant is not without other options.
6The request for reconsideration is hereby denied.
“Gail Misra”
for the Board