Ontario Labour Relations Board
0349-00-R The International Association of Machinists and Aerospace Workers, District Lodge 78 and Local Lodge 1295, Applicant v. Arvin Ride Control Products Inc. Jit Kit Inc. and PWS Services Inc., Responding Parties.
BEFORE: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD; November 3, 2000
1The responding parties Arvin Ride Control Products Inc. and Jit Kit Inc. assert that the applicant has filed a number of grievances against Arvin Ride Control Products Inc. asking "that all employees working in the common room and other employees performing tasks related to those performed by the employees in the common room be covered by the collective agreement." In letters dated October 30, 2000 and November 1, 2000, counsel for Arvin Ride Control requests that the Board defer to the grievance arbitration process. Counsel for Jit Kit Inc. makes a similar request by letter dated November 1, 2000. Counsel for Arvin Ride Control also asks the Board to decline to hear the matter on the basis of an alleged six year delay in bringing it before the Board.
2The Board declines to defer to arbitration. The issues and remedies in respect of the grievance arbitration process are distinct from those in the instant application. The Board also declines to dismiss the application on the preliminary ground of undue delay.
3The applicant has made a request for production dated November 1, 2000. If any of the requested documents are in the possession or control of a responding party, then that party is directed to produce those document(s) that it does not object to producing, within two weeks of the date of this decision.
4If a responding party objects to producing a requested document then it is directed to inform the Board and the applicant, within the same two-week period, as to the basis for its objection. The Board will resolve outstanding issues related to production if and when it becomes necessary to do so.
"Anthony Brown"
for the Board