0268-00-R Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. R.J. Wilcox Partitions & Ceiling Systems Inc. and Wilcox Interior Inc. and Tanya Ruth Ann Genest c.o.b. as Westboro Construction and Wilcox Diversified Inc., Responding Parties.
BEFORE: Gail Misra, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; August 24, 2000
This is an application filed pursuant to sections 69 and 1(4) of the Labour Relations Act, 1995 (the “Act”). The Board has received the applicant’s letter of August 24, 2000 requesting that the Board order the production of documents prior to the commencement of a hearing into this application.
For the reasons expressed by the Board in Highland York Flooring Company Limited, [1993] OLRB Rep. July 607, the Board is of the view that the documents requested by counsel for the applicant, as set out in the letter of August 24, 2000 should be produced by the responding parties. The Board therefore orders the responding parties to produce to the applicant, by Tuesday, September 12, 2000, all documents requested by counsel for the applicant that are in the possession, care or control of the responding parties.
The Board declines to order that the responding parties provide the applicant with particulars, as requested in paragraphs 3, 6, 7 and 8. However, if the responding parties have documents relating to the matters alluded to in these four paragraphs, they are ordered to produce them to the applicant.
If the documents requested do not exist, they obviously cannot be produced. Any documents listed which are in the possession, care or control of the responding parties must be produced to the applicant, as ordered. Any documents produced in response to this order are not to be used for purposes unrelated to this proceeding.
This panel is not seized
“Gail Misra”
for the Board