United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 221 v. George A. Wright & Son Limited
3686-99-G United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 221, Applicant v. George A. Wright & Son Limited, George A. Wright & Son (Belleville) Limited, George A. Wright & Son (Toronto) Limited, George A. Wright & Son General Services Inc., Mitech Machine & Fabrication Ltd., Belleville Metal Sales Limited, Responding Parties.
3687-99-R United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 221, Applicant v. George A. Wright & Son Limited, George A. Wright & Son (Belleville) Limited, George A. Wright & Son (Toronto) Limited, George A. Wright & Son General Services Inc., Mitech Machine & Fabrication Ltd., Belleville Metal Sales Limited, Responding Parties.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; November 29, 2000
These are two matters that again came before the Board for hearing on November 29, 2000; Board File No. 3687-99-R is an application under sections 69 and 1(4) of the Labour Relations Act, 1995, S.O. 1995, c. 1 as amended (the “Act”) for declaratory and other relief and Board File No. 3686-99-G is a referral of a grievance to the Board for determination under section 133 of the Act. The Alternate Chair of the Board authorized me pursuant to section 110(14)(a) of the Act to sit alone to hear and determine these two matters.
These two matters had been scheduled for hearing on August 30, 31 and November 29, 2000 before a different panel of the Board. On the first day of hearing, the parties and the Board dealt with production and document issues that arose from the summons to witness issued by the applicant. These two matters were adjourned on August 30 to November 29 and that panel of the Board was not seized with these matters. The hearing was to resume before this panel of the Board on November 29, 2000.
The parties, on the day set for the continuation of the hearing in these matters, met and entered into a “Production and Procedural Agreement” in which they agreed to have the Board issue a production order, adjourn the grievance referral sine die pending the disposition of the application in Board File No. 3687-99-R under sections 69 and 1(4) and have the Registrar schedule continuation dates in consultation with the parties.
Therefore, having regard to the agreement of the parties, the Board:
a) directs the responding parties who are presently represented by counsel in these proceedings to produce to counsel for the applicant, in addition to the documents they have already produced, all purchase orders, quotations, invoices, contracts, work-sharing contracts, performance reports, certificates of completion, governmental and/or quasi-governmental reports, payroll records and related employment records, payment receipts and any other documents reasonably related to that described herein (including documentation in respect of sub-contractors and suppliers) in respect of on-site work at the Proctor & Gamble plant at Brockville and the Dupont Plant at Kingston, for a 2-year period preceding the date of application to the present, such documents understood to mean those in control/custody of
George A. Wright & Son Ltd.;
George A. Wright & Son (Belleville) Ltd.;
George A. Wright & Son (Toronto) Ltd.;
George A. Wright & Son General Services Inc.; and
Mitech Machine & Fabrication Ltd.;
and
b) directs the parties not to use the dollar amounts disclosed in the documents produced by the responding parties in these proceedings (the “Dollar Amounts”) in any proceeding or action before this Board or any other tribunal or court except in these proceedings before the Board in Board File Nos. 3686-99-G and 3687-99-R and further directs the parties not to disclose those Dollar Amounts to anyone for any purpose except in the course of these proceedings.
The Board notes that the responding parties reserve the right to request that the Board direct the applicant to contribute towards the reasonable costs incurred by the responding parties to reproduce the documents they have produced to the applicant that may be required for purposes of the Board at the hearings of these matters and to make submissions in support of such a request.
Having regard to the agreement of the parties, the Board hereby adjourns the referral in Board File No. 3686-99-G sine die. The applicant may request that the Board proceed with that matter following the determination in Board File No. 3687-99-R within thirty days of the date of that determination. Should no request be made to proceed within that time, the referral in Board File No. 3686-99-G will be deemed terminated.
In view of the Board’s decision to adjourn the referral in Board File No. 3686-99-G sine die, the Board hereby extends the time under Rule 158 for the responding parties to file their Requests for Hearing and Notice of Intent to Defend/Participate (Form A-87) in Board File No. 3686-99-G to 10 days after the date the applicant advises the Board and the responding parties that it wishes that matter be set down for hearing.
This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board