0478-99-G Labourers’ International Union of North America, Local 527, Applicant v. Herve Pomerleau Ciments & Tuiles De Beauce Enr., Responding Parties.
1723-99-R Labourers’ International Union of North America, Local 527, Applicant v. Ciments & Tuiles De Beauce Enr., Herve Pomerleau Inc. Responding Parties.
BEFORE: Marilyn Silverman, Vice-Chair and Board Members J. Knight and G. McMenemy.
DECISION OF THE BOARD; April 25, 2000
1These are two applications; one filed under sections 69 and subsection 4 of section 1 of the Labour Relations Act, 1995, S.O. 1995, c.1 ('the Act') and the other a grievance filed under section 133 of the Act.
2The Board (differently constituted) by decision dated January 12, 2000 directed the responding parties to produce for inspection a number of documents on or before March 7, 2000. The hearing in this matter is scheduled to begin on May 31, 2000.
3The Board is in receipt of a letter dated March 6, 2000 from counsel for the responding parties which states that the documents have been delivered to counsel for the applicant under cover letter dated February 24, 2000. The Board is also in receipt of a letter from counsel for the applicant dated April 11, 2000 which states that not all of the documents described in the Board Order were provided to counsel for the applicant in that February 24 package. Counsel for the applicant states that counsel for the responding parties has made other documents (that were the subject of the Board Order and not yet provided) available for inspection at the responding parties’ office in Saint George de Beauce. Counsel for the applicant requests that the documents be made available for inspection at a more convenient location and suggests the responding parties other office in Ottawa as a possible venue for the inspection.
4Having regard to the circumstances and primarily due to the fact that the documents are at a location that is a significant distance for the applicant and its counsel to travel, the responding parties are directed to have the documents that are the subject of the January 12, 2000 Board Order and not yet produced, available for inspection at either:
(a) the Ottawa office of the responding parties or
(b) the Board’s office at 505 University Avenue, 2nd Floor, Toronto, Ontario,
on a date mutually agreed to by counsel but no later than two (2) weeks from the date of this decision.
5The responding parties can choose either (a) or (b). If no agreement can be reached as to the date within one (1) week from the date of this decision the Board shall set a date. If the parties are able to determine another mutually agreed to procedure to allow the applicant and counsel to examine the documents they are free to do so.
6Should the parties agree to produce the documents for inspection at the Board further to 4(b) above, they shall advise the Registrar so that appropriate arrangements can be made.
7This panel of the Board is not seized with this matter.
“Marilyn Silverman”
for the Board