1320-99-R the International Union of Bricklayers and Allied Craftworkers, Local 31 now known as Brick and Allied Craft Union of Canada, Local 31, Applicant v. 1249762 Ontario Inc. o/a Mega City Tiling and Maran Ceramic Tiles Inc., Responding Parties v. Labourers’ International Union of North America, Local 183, Intervenor.
1332-99-G the International Union of Bricklayers and Allied Craftworkers, Local 31 now known as Brick and Allied Craft Union of Canada, Local 31, Applicant v. 1249762 Ontario Inc. o/a Mega City Tiling and Maran Ceramic Tiles Inc., Responding Parties.
BEFORE: Harry Freedman, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; February 23, 2000
This is an application under sections 69 and 1 (4) of the Labour Relations Act, 1995, S.O. 1995, c. 1 (the "Act") for declaratory and other relief (Board File No. 1320-99-R) and a referral of a grievance to arbitration under section 133 of the Act (Board File No. 1332-99-G). The Labourers International Union of North America, Local 183 (“Local 183”) filed an intervention in Board File No. 1320-99-R. Local 183 sought production of certain documents, including copies of collective agreements and documents relating to a grievance filed by the applicant. The Board, differently constituted, by decision dated December 7, 1999 refused to order the production of the documents requested, and by decision dated January 14, 2000, dismissed the request for reconsideration made by Local 183.
Counsel for the applicant, by letter dated February 21, 2000 requests production of documents from the responding parties and the intervenor. The documents sought as listed in counsel’s letter are:
“1. All writings pertaining to the corporate and business structure of the Responding Parties respectively including, but not limited to, all Corporate Minutes, By-Laws, Articles of Incorporation, Articles of Amendment, Articles of Revival, Director's Resolutions, Shareholder's Resolutions, Shareholder's Agreements, Director's Registers, Share Certificates, filings with the Ministry of Consumer and Commercial Relations or any other documents, agreements or notes reflecting agreements between any of the shareholders, Officers or Directors of the Responding Parties.
All writings pertaining to any commercial transactions between the Responding Parties including but not limited to all Agreements, Purchase Orders, Contracts, Subcontracts, Leases, Securities, and Guarantees between them and all Agreements, Contracts, Subcontracts, Leases or Guarantees entered into by them in that respect.
All writings in respect of all property of any type whatsoever owned, leased or occupied by the Responding Parties, respectively.
All writings relating to the assets, goods, receivables, leases or equipment owned, leased or used by the Responding Parties, respectively.
All writings in respect of all customers, clients, and all suppliers of the Responding Parties, respectively.
All writings and all writings in respect of all construction work performed or subcontracted by the Responding Parties respectively from the date of incorporation to present.
All writings relating to the employees of the Responding Parties respectively from February 7, 1997 (6 months prior to the incorporation of 1249762 Ontario Inc.) to present, including but not limited to, all payroll records and time sheets.
Copies of all business cards used by all Agents, Directors, Officers and employees of the Responding Parties, respectively.
The names of all lawyers, accountants, and bookkeepers used by the Responding Parties, respectively.
The names of all persons who have or have had signing authority for the Responding Parties, respectively together with the respective dates during which they have had signing authority.
All telephone and facsimile numbers used by the Responding Parties, respectively.
Particulars of and all writings illustrating the internal personnel hierarchy of each of the Responding Parties, respectively.
Particulars of and all writings illustrating the organizational structure pertaining to the control over and responsibility for labour relations of each of the Responding Parties, respectively.
All writings whatsoever in the possession or control of each Responding Party respectively related to any and all other construction work which the Responding Party has performed since its respective date of incorporation.
In addition, the Applicant requests production of the following documents and particulars from the Intervenor, Labourers International Union of North America, Local 183:
All writings whatsoever, including but not limited to all notes, correspondence and agreements relative to bargaining rights which Labourers International Union of North America, Local 183 allegedly hold with respect to the Responding Parties.
All writings whatsoever, including but not limited to referral slips and remittance forms relative to work performed by the Responding Parties.”
It appears to the Board that all of the documents sought by the applicant from the responding parties are arguably relevant to the application in Board File No. 1320-99-R and therefore ought to be produced, at least in respect of the period from February, 1997 to the date of the application, July 30, 1999. Indeed, much of what the applicant seeks should be produced in any event by the responding parties pursuant to the obligations imposed on them by sections 69 (13) and 1 (5) of the Act.
As for the documents which the applicant seeks from Local 183, it appears that there is nothing in the pleadings filed in this matter which suggests that the bargaining rights of Local 183 may be affected by this application. To that end, we note that paragraph seven of the application asserts the bargaining rights held by the applicant in respect of Maran Ceramic Tiles Inc. (“Maran”) arose from the voluntary recognition agreement dated September 22, 1995. That voluntary recognition agreement explicitly states in paragraph 1 that Maran is granting voluntary recognition to the applicant (or its predecessors) in respect of the industrial, commercial and institutional sector of the construction industry. The response filed by 1249762 Ontario Inc. o/a Mega City Tiling makes reference to Local 183 being certified for a bargaining unit that excludes the industrial, commercial and institutional sector of the construction industry. Thus, on the pleadings, even if the applicant were successful, the bargaining rights of Local 183 would not be affected. For these reasons, the Board is not satisfied that the documents that the applicant seeks from Local 183 are even arguably relevant to this application.
The Board therefore directs the responding parties to produce for inspection by the applicant the following documents:
a) All writings pertaining to the corporate and business structure of the Responding Parties respectively including, but not limited to, all Corporate Minutes, By-Laws, Articles of Incorporation, Articles of Amendment, Articles of Revival, Director's Resolutions, Shareholder's Resolutions, Shareholder's Agreements, Director's Registers, Share Certificates, filings with the Ministry of Consumer and Commercial Relations or any other documents, agreements or notes reflecting agreements between any of the shareholders, Officers or Directors of the Responding Parties.
b) All writings pertaining to any commercial transactions between the Responding Parties including but not limited to all Agreements, Purchase Orders, Contracts, Subcontracts, Leases, Securities, and Guarantees between them and all Agreements, Contracts, Subcontracts, Leases or Guarantees entered into by them in that respect.
c) All writings in respect of all property of any type whatsoever owned, leased or occupied by each of the Responding Parties, respectively, for the period between February 1997 and July 1999.
d) All writings relating to the assets, goods, receivables, leases or equipment owned, leased or used by each of the Responding Parties, respectively, for the period between February, 1997 and July, 1999.
e) All writings in respect of all customers, clients, and all suppliers of each of the Responding Parties, respectively, for the period between February, 1997 and July, 1999.
f) All writings in respect of all construction work performed or subcontracted by each of the Responding Parties respectively, for the period between February 1977 and July, 1999.
g) All writings relating to the employees of each of the Responding Parties respectively, including but not limited to, all payroll records and time sheets for the period between February, 1997 and July, 1999.
h) Copies of all business cards used by all Agents, Directors, Officers and employees of each of the Responding Parties, respectively, for the period between February, 1997 and July, 1999.
i) The names of all lawyers, accountants, and bookkeepers used by each of the Responding Parties, respectively, in the period between February, 1997 and July, 1999.
j) The names of all persons who have or have had signing authority for each of the Responding Parties, respectively together with the respective dates during which they have had signing authority, in the period between February, 1997 and July, 1999.
k) All telephone and facsimile numbers used by each of the Responding Parties, respectively, in the period between February, 1997 and July, 1999.
l) Particulars of and all writings illustrating the internal personnel hierarchy of each of the Responding Parties, respectively.
m) Particulars of and all writings illustrating the organizational structure pertaining to the control over and responsibility for labour relations of each of the Responding Parties, respectively.
n) All writings whatsoever in the possession or control of each Responding Party respectively related to any and all other construction work which each of the Responding Parties has performed in the period between February 1977 and July, 1999.
There is a pre-hearing conference scheduled in this matter for March 14, 2000. Those documents may be of assistance to the applicant for that pre-hearing conference and therefore the Board directs that they be produced for inspection by counsel for the applicant on or before March 10, 2000.
The Board declines to direct Local 183 to produce the documents requested by the applicant.
This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board