4219-98-R International Association of Machinists and Aerospace Workers, Applicant v. Panda Aircraft Corporation, Responding Party.
0183-99-U International Association of Machinists and Aerospace Workers, Applicant v. Canadian Aerospace Group Ltd., Panda Aircraft Corporation, Philip Nelson and Wayne Thompson, Responding Parties.
0184-99-R International Association of Machinists and Aerospace Workers, Applicant v. Canadian Aerospace Group Ltd. and Panda Aircraft Corporation, Responding Parties.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; January 21, 2000
- Having regard to the agreement of the parties, the Board orders as follows:
(i) The responding parties will produce the documents set out in Schedule A to the subpoena served on Philip Nelson (attached hereto) by making them available for inspection at the responding parties’ solicitors’ offices in Hamilton to representatives for the applicant during normal working hours between January 14 and March 15, 2000. It is understood that documents will be produced during the period as they become available but all will be produced by March 15, 2000.
SCHEDULE A
You are required to bring with you and produce the following documents for the time period commencing October 1, 1998 and continuing up to and including the date of the hearing, all notes, memoranda, contracts, records, agreements, contracts, directives, electronic mail records, documents or materials of any kind touching upon:
The corporate, contractual, agency or other relationship between the two Respondents, including any corporate, partnership, registration or style documents, incorporation and pre-incorporation and pre-registration letters, agreements and documents, shareholders’ and directors’ registers and agreements, corporate minute books, minutes of directors’ and officers’ meetings, debentures and corporate bonds, and agency documents;
The financial relationship between the two Respondents, including loan agreements, security arrangements, third party financing, revenue arrangements, government financing and grants, commissions, payments and fees, whether between the two Respondents or with respect to third parties in regard to one or both of the two Respondents;
The labour relations of the two Respondents with respect to the employees of each Respondent, including those materials touching upon the administration of the collective agreement, wages, payroll records, time sheets and pay stubs, benefit plans, hiring, firing and time off for employees, classifications, layoffs, recalls, assignment or direction of work, rules of standards of employee conduct, uniforms, work polices and procedures, regulation and supervision of the said employees and any other working conditions of the said employees;
The registration, ownership, leasing, real estate or other financial or titular arrangements in regard to physical premises, equipment, vehicles, supplies, inventory, product or services used, owned or leased by or pertaining to either of the Respondents;
The tenders or invitations to submit proposals, bids or tenders, contracts, bonds, guarantees, warranties, bids submitted and replies received pertaining to either Respondent;
The supply, exchange, return and delivery of services, labour, supplies, inventory, products, equipment, physical premises, vehicles, Web sites, and advertising used by or pertaining to either Respondent;
The identity and movement of any employees or managerial staff between the two Respondents.
(ii) The hearing scheduled for December 16, 1999 is adjourned to April 17, May 8, 9, 10, 16 and 17, 2000.
- In view of the error contained in the Board’s decision dated December 17, 1999 regarding the continuation dates in this matter and pursuant to section 114(1) of the Labour Relations Act, 1995, the decision dated December 17, 1999 is hereby revoked.
“Caroline Rowan”
for the Board