Ontario Labour Relations Board
1957-99-G International Brotherhood of Painters and Allied Trades, Local 200, Applicant v. 1067036 Ontario Ltd. c.o.b. as Crautek Glass & Aluminum Ltd., Seaway Glass and Aluminum Ltd. and KS Metal Specialties Co., Responding Parties.
1963-99-R International Brotherhood of Painters and Allied Trades, Local 200, Applicant v. 1067036 Ontario Ltd. c.o.b. as Crautek Glass & Aluminum Ltd., Seaway Glass and Aluminum Ltd. and KS Metal Specialities Co., Responding Parties.
BEFORE: Inge M. Stamp, Vice-Chair.
APPEARANCES: Elizabeth Mitchell and Robert Desjardins for the applicant; J. Crausen for 1067036 Ontario Ltd. c. o. b. as Crautek Glass & Aluminum Ltd.; Russel Zinn, Darren Power, Garry Parsons and Ron Coppens for Seaway Glass and Aluminum Ltd. and KS Metal Specialties Co.
DECISION OF THE BOARD; October 6, 2000
Decision
1. The parties agreed to adjourn the section 133 matter until the section 69/1(4) application has been determined.
2. After the last day of hearing counsel for the responding parties Seaway Glass and Aluminum Ltd. (“Seaway”) KS Metal Specialties (“KS Metal”) requested an order pursuant to section 111(2)(b) of the Labour Relations Act, 1995 for production of documents by the other named responding party 1067036 Ontario Ltd. c.o.b. as Crautek Glass & Aluminum Ltd. (“Crautek”).
3. In his letter dated June 5, 2000 counsel for Seaway and KS Metal sets out the documents he is seeking. The letter indicated the other parties were copied with this request. The Board has not received any comments from the applicant or the other named responding party, Crautek, with respect to this request.
4. This rather unusual request for production of documents is made pursuant to 111(2)(b). Counsel for the responding parties Seaway and KS Metal did not refer to section 1(5) or 69(13) of the related employer/sale of a business section of the Act in support of his request. Counsel does not state how these documents are relevant to its case under section 69/1(4). However, the documents requested are arguably relevant and as there does not appear to be any objection by Crautek, the Board makes the following order.
5. The responding party, Crautek, is directed to provide the documents as set out in the letter of June 5, 2000 (except for any documents that may have already been provided) to the responding parties, Seaway and KS Metal, in advance of the next scheduled hearing date.
“Inge M. Stamp”
for the Board