2195-99-U; 2196-99-R; 2199-99-G Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Innovative Flooring Inc. and Regency Flooring, Responding Parties.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; March 8, 2000
These files are an application under subsection 1(4) and section 69, an application under section 96 alleging violations of various other sections, and a referral of grievance to arbitration under section 133 of the Labour Relations Act, 1995, S.O. 1995 ch.1 (the “Act”). The applicant has asked that the Board order certain documents to be produced.
The Board has the power under section 111(2) (b) of the Act to order the production of any documents necessary for the proper disposition of a case before a hearing. In addition, there is a duty on responding parties to a section 69/1(4) proceeding to disclose all relevant information created by subsections 1(5) and 69(13). In order that all parties be prepared to conduct the hearing on the days already set, and that the Board’s and the parties’ time is used efficiently, it is appropriate to order the production of relevant documents at this time. The test of relevance at this stage of the proceedings is whether the documents sought are arguably relevant to the proceeding. Most of the documents sought appear to meet this test.
The responding parties are directed to produce to counsel for the applicant all documents sought in his letter of March 6, 2000 as described in paragraphs 1 to 6 on page 2. This production is to be made on or before April 12, 2000. If there is any dispute as to production, the objecting party is directed to advise the Board within that time limit of what documents exist and the reasons the party objects to producing them.
I am not seized of these applications.
“David A. McKee”
for the Board