Ontario Labour Relations Board
Parties
2316-00-PS The Hydro-Electric Commission of the City of Nepean, the Hydro Electric Commission of the City of Ottawa, the Goulbourn Hydro-Electric Commission, the Kanata Hydro-Electric Commission, and the Hydro Electric Commission of the City of Gloucester, Hydro Ottawa, and the Ottawa Transition Board, Applicants v. IBEW Local 636, Unit 54, IBEW Local 636, Unit 52 and IBEW Local 636, Unit 47 and Gloucester Hydro Employees’ Association, Responding Parties.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; December 7, 2000
Decision
1This is an application under section 21, 22 or 23 of the Public Sector Labour Relations Transition Act, 1997, S. O. 1997, c. 21 (the “Act”) in which the Board, by decisions dated November 20, 2000 and November 27, 2000 directed that this matter be listed for consultation on December 14, 2000 and directed the parties to file their submissions with respect to the matters in dispute.
2The applicant filed its submissions with the Board on December 1, 2000. Counsel for the responding parties has indicated that their submissions will be filed with the Board and delivered to the applicant by Friday, December 8, 2000.
3Counsel for the responding parties, by letter dated December 6, 2000 requests that the Board order the applicant to provide particulars with respect to the employees of Goulbourn Hydro, who by resolution of Goulbourn Hydro dated December 16, 1999, had their years of consecutive service with previous utilities recognized as service with Goulbourn Hydro. Counsel for the responding parties seeks from counsel for the applicant the following information with respect to the employees of Goulbourn Hydro:
a) a list of Goulbourn employees employed by the applicant (the Goulbourn Employees”);
b) confirmation of the individual Goulbourn Employees’ length of service at Goulbourn Hydro and at any other utility prior to being employed by Goulbourn Hydro;
c) confirmation of the individual Goulbourn Employees’ dates of hire at Goulbourn Hydro and their dates of termination at the other utilities prior to being hired by Goulbourn Hydro;
d) copies of any individual contracts of employment between Goulbourn Hydro and any of the Goulbourn Employees;
e) confirmation of the Ontario Hydro territory in which any of the Goulbourn Hydro employees may have been employed.
In view of the description of the issue set out in paragraphs 11 and 13 of the applicant’s statement of the issues in dispute, it appears that the information sought by counsel for the responding parties is, at the very least, arguably relevant and therefore ought to be provided by the applicant.
4Having regard to the request of counsel for the responding parties, after reviewing the applicant’s statement of the issues in dispute and pursuant to Rules 76, 77 and 106 of the Board’s Rules of Procedure and section 37(7) of the Act, the Board directs the applicant to provide to counsel for the responding parties forthwith and in any event, no later than 2:00 p.m. on Wednesday December 13, 2000 the following information:
a) a list of Goulbourn employees employed by the applicant (the Goulbourn Employees”);
b) confirmation of the individual Goulbourn Employees’ length of service at Goulbourn Hydro and at any other utility prior to being employed by Goulbourn Hydro;
c) confirmation of the individual Goulbourn Employees’ dates of hire at Goulbourn Hydro and their dates of termination at the other utilities prior to being hired by Goulbourn Hydro;
d) copies of any individual contracts of employment between Goulbourn Hydro and any of the Goulbourn Employees;
e) confirmation of the Ontario Hydro territory in which any of the Goulbourn Hydro employees may have been employed.
5This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board