Ontario Labour Relations Board
Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Simplex Drywall Limited, Responding Party.
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; May 25, 2000
Decision
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.
2Zeljko Lulic, the principal of the responding party, failed to appear 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. Lulic to arrange for his attendance at the hearing.
5It appears that Mr. Lulic I willfully not complying with the summons.
6Accordingly we direct that Zeljko Lulic 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, Mr. Lulic 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 Zeljko Lulic is a white skinned, brown-haired male who is approximately 40 years of age, stands approximately 5’10” 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
Warrant for Arrest of Defaulting Witness
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
Simplex Drywall Limited
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 Zeljko Lulic, of 1523 Leda Avenue, Mississauga, 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 May 23, 2000, “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 Zeljko Lulic on 1523 Leda Avenue, Mississauga, 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.
Dated May 25, 2000
“Christopher J. Albertyn”
Vice-Chair