2251-99-R Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, and the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46, Applicant v. Newmarch Inc. and Newmarch Mechanical Inc., Responding Parties.
BEFORE: Gail Misra, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; January 19, 2000
1. 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 January 17, 2000 requesting that the Board order the production of documents prior to the commencement of a hearing into this application.
2. 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 January 17, 2000 should be produced by the responding parties. The Board therefore orders the responding parties to produce to the applicant, by February 7, 2000, all documents requested by counsel for the applicant that are in the possession, care or control of the responding parties.
3. 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.
4. This panel is not seized
“Gail Misra”
for the Board