Ontario Labour Relations Board
0063-00-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Simplex Drywall Limited, Responding Party.
BEFORE: Marilyn Silverman, Vice-Chair and Board Members J. Knight and G. McMenemy.
DECISION OF THE BOARD; May 5, 2000
1This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 ('the Act').
2The responding party did not file a response to the applicant’s grievance. The Certificate of Delivery was duly completed and notice of hearing was provided to the responding party. The application was scheduled for May 3, 2000 at 9:30 a.m. No one appeared on behalf of the responding party.
3The Board was provided with a copy of an affidavit of service which described the applicant’s attempts to serve Mr. Zeljko Lulic with a Summons to Witness. Based on that affidavit, the applicant submits that it has made reasonable efforts to summons Mr. Lulic and that Mr. Lulic is attempting to evade service. In light of this, the applicant requests that the Board order Mr. Lulic to attend at a hearing scheduled for May 16, 2000 with the documents referred to in the subpoena.
4Having regard to the circumstances and having reviewed the contents of the Affidavit of Service the Board is prepared to grant the applicant’s request.
5Mr. Zeljko Lulic is required to attend before the Board at 505 University Avenue, 2nd Floor, Toronto, Ontario, on May 16, 2000 at 9:30 a.m. He is further directed to bring with him the following documentation:
(a) All employment and payroll records, including statements, time cards, records of payments, cheques;, invoices, banking documents and all other documents and writings in his custody, possession or power relating to the employment of construction workers by Simplex Drywall Limited during the period December 1999, January 2000 and February 2000;
(b) All contracts, subcontracts, agreements, invoices, statements with respect to the subcontracting of construction work for December 1999, January 2000 and February 2000 to businesses, corporations, business styles and partnerships, or individuals in Ontario;
(c) All letters, remittances forms, documents, voluntary recognition agreements and signed statements directed to or with respect to the Applicant or its Provincial Bargaining Agency;
(d) All contracts, sub-contracts and agreements entered into by Simplex Drywall Limited that pertain to construction work performed during the period December 1999, January 2000 and February 2000.
6This panel is not seized.
“Marilyn Silverman”
for the Board