2973-99-G United Brotherhood of Carpenters and Joiners of America, Local 1256, Applicant v. Delsan Contracting Limited, Environmental Abatement Services Inc., Delsan Demolition Limited, Delsan Environmental Group Inc., Delsan Environmental Service Inc., Delsan Environmental Group, Philip Services Corp., Philip Environmental Services Limited, Responding Parties v. Labourers’ International Union of North America, Ontario Provincial District Council on its own behalf and on behalf of its affiliated Local Union’s 506 and 1089, Intervenors.
2977-99-U United Brotherhood of Carpenters and Joiners of America, Local 1256, Applicant v. Delsan Contracting Limited, Environmental Abatement Services Inc., Delsan Demolition Limited, Delsan Environmental Group Inc., Delsan Environmental Service Inc., Delsan Environmental Group, Philip Services Corp., Philip Environmental Services Limited, Labourers’ International Union of North America, Local 1089, Nel-tekk Industrial Specialties Inc., Reliable Systems Inc., Responding Parties.
2978-99-R United Brotherhood of Carpenters and Joiners of America, Local 1256, Applicant v. Delsan Contracting Limited, Environmental Abatement Services Inc., Delsan Demolition Limited, Delsan Environmental Group Inc., Delsan Environmental Services Inc., Delsan Environmental Group, Philip Services Corp. Philip Environmental Services Limited, Labourers’ International Union of North America, Local 1089, Nel-tekk Industrial Specialties Inc., Reliable Systems Inc., Responding Parties.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; September 14, 2000
The Board, differently constituted, in its decision of August 9, 2000 described these applications as follows:
These are three matters scheduled for hearing before the Board in September and December 2000: Board File No. 2973-99-G is a referral of a grievance to the Board under section 133 of the Act; Board File No. 2977-99-U is an application under section 96 of the Labour Relations Act, 1995, S.O. 1995, c. 1 (the "Act"); and Board File No. 2978-99-R is an application under sections 69 and 1 (4) of the Act. The Alternate Chair of the Board authorized me to determine these matters alone pursuant to section 110 (14) of the Act.
The Labourers’ International Union of North America, Local 1089 (“Local 1089”) is named as a responding party in the section 69 and 1(4) and section 96 applications and has sought to intervene in the grievance referral.
Counsel for the applicant, by letter dated September 5, 2000, is requesting production of documents that are for the most part arguably relevant to the section 69/1(4) application. There are a number of preliminary matters that relate to all three files. There is an assertion of an underlying jurisdictional dispute with respect to the work that was performed that resulted in the grievance. There is an issue with respect to the scope of previous minutes of settlement agreeing to a related employer declaration in relation to some of the named parties.
In the circumstances this request for production of documents, requested by counsel for the applicant dated September 5, 2000, is dismissed at this point in the proceedings. This dismissal is without prejudice to the applicant to renew its request, after the preliminary issues have been decided and the responding party is unsuccessful in its preliminary motion.
This panel of the Board is not seized with this matter.
“Inge M. Stamp”
for the Board