Ontario Labour Relations Board
File No.: 2008-00-G Parties: Universal Workers Union, Labourers’ International Union of North America Local 183, Applicant v. 1196683 Ontario Ltd. o/a Raicon Forming, Responding Party. Before: John Morgan Lewis, Vice-Chair. Decision of the Board: December 20, 2000
Decision
1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995.
2The grievance was referred to the Board on October 5, 2000. The responding party failed to file a Request for Hearing and Notice of Intent to Defend/Participate. The Board (differently constituted) issued a decision on October 17, 2000 in which it made a number of declarations including that the responding party was bound by the terms of the applicable collective agreement and had violated the collective agreement with respect to two job sites. The Board was not called upon to make a determination with respect to damages arising from the violation of the collective agreement. Accordingly, the Board remained seized to deal with the issue of damages. The Board did direct the responding party to produce to the applicant a number of records in relation to those two job sites.
3The Board is in receipt of correspondence from counsel for the applicant in which the Board is asked to set this matter down for hearing on January 18, 2001 to deal with the issue of damages. The Board is also advised that the responding party has not complied with the Board’s direction for production of documents. The applicant requests that the Board direct the responding party to produce to the applicant the documents which it seeks for the purposes for assessing damages.
4Having considered the submissions of the applicant, the Board hereby:
a) directs the responding party to provide the following documents to the applicant by delivering a copy of them at the applicant’s offices located at 1263 Wilson Avenue, Suite 200, Toronto by no later than 4:30 p.m. on January 11, 2001:
all financial records pertaining to work performed, contracted and/or sub-contracted by the responding party as well as payroll records and all other relevant documents, records concerning all employees whether members of the applicant or not performing work covered by the collective agreement and all documents including but not limited to, all time cards, foremen and superintendent reports, computerized and any other payroll records, pay cheques, pay stubs and any other documents concerning remittances or payments made by the responding party on behalf of all of its employees, whether members of the applicant or not with respect to the Kerrisdale Boulevard and U.A.P. Distribution Centre projects;
b) directs the Registrar to set this matter down for hearing on January 18, 2001.
5This panel of the Board is not seized.
“John Morgan Lewis”
for the Board