3600-99-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. BBI Acoustics & Drywall Applicators, Responding Party.
BEFORE: D. L. Gee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
APPEARANCES: Michael McCreary for the applicant; no one appearing on behalf of the responding party.
DECISION OF THE BOARD; March 24, 2000
This is an application under section 133 of the Labour Relations Act, 1995, S.O. 1995, c. 1, (the “Act”). This matter came on for hearing before this panel at 9:30 a.m. on March 23, 2000.
This matter concerns a referral of a grievance to arbitration in which the applicant alleges that the employer has violated the collective agreement by failing to remit employee contributions as required by the collective agreement.
On the day scheduled for hearing, the responding party did not appear, despite having been given notice of the hearing. No reply has been filed. The applicant advised the panel that Barry Bailey had been served with a summons duces tecum to attend at the hearing. He did not appear. We are informed by the applicant that it understands Mr. Bailey is a principal of the responding party. We are also informed that the applicant understands Mr. Bailey to have custody and control of the documents which are sought under the summons.
The applicant filed with the Board an affidavit sworn by Diane Sainsbury on March 22, 2000 declaring that Ms. Sainsbury served Mr. Bailey, who identified himself by verbal acknowledgement on March 20, 2000.
The applicant informs the Board that the production of the documents under the summons is essential to its case. We are satisfied that the presence of Mr. Bailey is material to the ends of justice in this matter. In the circumstances, having regard to the information provided and pursuant to the Board’s authority under the Act, we hereby issue a warrant for the arrest of Barry Bailey, directed to all police officers in Ontario. Pursuant to that warrant, the officers shall arrest and bring Mr. Barry Bailey before the Board at the continuation of the hearing on this matter on Thursday, April 20, 2000, at 505 University Avenue, 2nd Floor, at the hour of 9:30 a.m. in the forenoon.
We are advised that Mr. Bailey is a Caucasian male, weighing approximately 135 pounds and being approximately 5 foot 2 inches in height. He is about 35 years in age and has brown hair. Mr. Bailey is known to reside at 313 Ritson Road South, Oshawa, Ontario.
In addition, the Board directs that Mr. Bailey bring with him to the hearing on April 20, 2000:
(1) all employment and payroll records, including statements, time cards, records of payments, cheques, invoices, banking documents and all other documents and writings in your custody, possession or power relating to the employment of construction workers by BBI Acoustics & Drywall Applicators during the period January 2000;
(2) all contracts, subcontracts, agreements, invoices, statements with respect to the subcontracting of construction work for January 2000 to business, corporations, business styles and partnerships, or individuals in Ontario;
(3) all letters, remittances forms, documents, voluntary recognition agreements and signed statements directed to or with respect to the Applicant or its Provincial Bargaining Agency;
(4) all contracts, sub-contracts and agreements entered into by BBI Acoustics & Drywall Applicators that pertain to construction work performed during the period January 2000.
“D. L. Gee”
for the Board
PROVINCE OF ONTARIO
IN THE MATTER OF the Labour Relations Act, 1995,
S.O. 1995, c.l, as amended
AND IN THE MATTER OF a Referral of a Grievance
To Arbitration before the Ontario Labour Relations Board
BETWEEN:
Drywall Acoustic Lathing and Insulation Local 675,United Brotherhood of Carpenters and Joiners of America
Applicant,
and
BBI Acoustics & Drywall Applicators
Responding Party.
WARRANT FOR ARREST OF DEFAULTING WITNESS
BEFORE THE ONTARIO LABOUR RELATIONS BOARD
TO: ALL POLICE OFFICERS IN ONTARIO;
AND TO: THE OFFICERS OF ALL CORRECTIONAL
INSTITUTIONS IN ONTARIO
WHEREAS the witness Barry Bailey, of 313 Ritson Road South, Oshawa, Ontario, was served under sections 48(12) and 133(9) of the Labour Relations Act, 1995 with a summons to witness to give evidence at the hearing before the Ontario Labour Relations Board on Thursday, March 23, 2000 at 9:30 a.m., in a proceeding under section 133 of the Labour Relations Act, 1995,
AND WHEREAS the witness failed to attend or to remain in attendance at the hearing,
AND WHEREAS I am satisfied that the witness’ attendance or participation is material to the ends of justice,
YOU ARE ORDERED TO ARREST the witness Barry Bailey on April 20, 2000 and to bring the witness before the Ontario Labour Relations Board at its hearing at 505 University Avenue, 2nd Floor in the City of Toronto on April 20, 2000 at 9:30 a.m. to give evidence in the proceeding, and to detain the witness in your custody until the witness has given evidence or until the hearing is ended, or until any other order is made by the Ontario Labour Relations Board concerning the witness.
Dated March 24, 2000 “D. L. Gee”
Vice-Chair```