Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Castro Investors and Builders Ltd.

File No.: 0438-00-G Date: May 25, 2000

Before: Christopher J. Albertyn, Vice‑Chair, and Board Members G. Pickell and A. Haward.

Appearances: Mike McCreary and Luigi Caringi for the applicant; no one appearing for the responding party.

DECISION OF THE BOARD

1The applicant has referred a grievance concerning the interpretation, application, administration or alleged violation of a collective agreement to the Board for final and binding determination.

2Tony Castro, the principal of the responding party, failed to appear at the hearing of this matter on May 23, 2000, despite his being summoned to attend.

3The summons was served personally on him on May 18, 2000 and he was provided with conduct money to cover the cost of his attendance.

4Besides the summons, efforts were made unsuccessfully by the applicant’s counsel to contact Mr. Castro to arrange for his attendance at the hearing.

5It appears that Mr. Castro is willfully not complying with the summons.

6Accordingly we direct that Tony Castro be arrested in accordance with the attached Warrant of Arrest of Defaulting Witness and brought in person to the hearing of this matter at the “Board Room”, 505 University Avenue, 2nd Floor, Toronto, Ontario, on June 23, 2000 at 9:30 a.m.

7Furthermore, Tony Castro is ordered to bring with him to the hearing all of the documents referred to in Schedule “A” of the summons which was served on him.

8For the information of the Police, the information before the Board is that Tony Castro is a white skinned, dark-haired male who is approximately 40 years of age, stands approximately 5’8” tall and is of medium build.

9This matter is adjourned to June 23, 2000 at 9:30 a.m. at the “Board Room”, 505 University Avenue, 2nd Floor, Toronto, Ontario.

“Christopher J. Albertyn”

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

Castro Investors and Builders Ltd.

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 Tony Castro, of 1086 Dupont Street, Toronto, 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 May 23, 2000, the “Board Room”, 505 University Avenue, 2nd Floor, Toronto, Ontario 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 Tony Castro of 1086 Dupont Street, Toronto, Ontario, 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 Friday, June 23, 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.