1446-00-U International Brotherhood of Boilermakers, Ironship Builders, Blacksmiths, Forgers and Helpers, Local 128, Applicant v. James McKeary, Responding Party.
1447-00-U International Brotherhood of Boilermakers, Ironship Builders, Blacksmiths, Forgers and Helpers, Local 128, Applicant v. James McKeary, Responding Party.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; August 31, 2000
1The applicant (“Local 128”) has filed an application under section 96 of the Labour Relations Act, 1995, S. O. 1995, c. 1 (the "Act") (Board File No. 1446-00-U) alleging unfair labour practices and an application under section 109 of the Act (Board File No. 1447-00-U) seeking the Board’s consent to institute a prosecution. The Chair of the Board authorized me to sit alone to hear and determine these matters pursuant to section 110(14)(a) of the Act.
2Local 128 is the responding party in an application filed by the responding party in these proceedings (“Mr. McKeary”) in Board File No. 0842-99-U which has been proceeding before me. Mr. McKeary has alleged in Board File No. 0842-00-U that Local 128 has violated sections 74 and 75 of the Act. There have already been four days of hearing in that matter and several more days are scheduled in January 2001.
3The allegations in both of these applications are identical; Local 128 asserts that Mr. McKeary has caused a witness who is going to be called by Local 128 at the January 2001 hearings in Board File No. 0842-00-U to be threatened and intimidated and that Mr. McKeary had advised that witness about the testimony that had been given in the hearings that had already taken place in Board File No. 0842-00-U contrary to the explicit directions I had issued in that matter pursuant to an order excluding witnesses.
4The allegations made by Local 128 in these two applications are very serious as they affect the integrity of the hearing process before the Board and are directly related to issues of credibility in the matter that is continuing before me in January. Under the circumstances, these matters are referred to the Registrar to be listed for one day of hearing well before the hearings in Board File No. 0842-00-U are scheduled to continue.
5I am seized with these matters.
“Harry Freedman”
for the Board