Ontario Public Service Employees Union, Local 153 v. The Governing Council of the Salvation Army in Canada
File No.: 3210-99-U Date: March 20, 2000
Applicant: Ontario Public Service Employees Union, Local 153 Responding Parties: The Governing Council of the Salvation Army in Canada and The Salvation Army Community Living at London, Ontario Intervenor: Event Security & Investigation Specialists Inc.
Before: Marilyn Silverman, Vice-Chair
Decision of the Board
1This is an unfair labour practice complaint where the applicant relies upon conduct on a picket line by the responding parties during an legal strike. One of the responding parties is the employer, The Salvation Army Community Living at London, Ontario (“the employer”); the other a security firm hired by the employer during the strike, Event Security & Investigation Specialists Inc. (“ESIS”).
2The applicant requests production of two classes of materials (a) video and audio recordings taken by ESIS on the picket line on December 24 and 25, 1999 and January 3, 5, 7, 10, 15, 16, 18, 22 and February 2, 3, 4, 6 and 8, 2000 and (b) all documentation evidencing the contractual relationship between the two responding parties.
3By letter dated March 2, 2000 counsel for ESIS responds to the request made in (a) above by stating that the contents of the video material are not relevant to the application and that the applicant is engaging in a “ fishing expedition”. Nonetheless ESIS asserts that it agrees to provide the videotapes on condition that the applicant pay the costs associated with reproducing those tapes. ESIS asserts that it should not be required to release the original video material for reasons of security and continuity of evidence. That issue is particularly relevant to ESIS as there are civil matters pending as between it and the applicant in which ESIS claims the videotapes may become evidence.
4The applicant asserts that ESIS cost proposed to reproduce the videotapes is excessive.
5There is no question in my mind that the tapes are at least arguably relevant to these matters when the application and responses involve conduct on a picket line where the videotaping occurred. In large part this production dispute arises out of the cost of the copies of the videotapes.
6ESIS is directed to provide copies of the videotapes to counsel for the applicant with respect to the days requested. The applicant shall reimburse ESIS for the cost of the tapes onto which the copies were made. This order shall be complied with in a way that ensures the continuation of the evidence and the security thereof. The parties are directed to bring all originals and copies to the next scheduled day of hearing. If there are any remaining issues as to the cost, these shall be dealt with at the hearing.
7In respect of item (b) above, and according to the applicant, ESIS asserts that there is no documentation other than invoices for services performed. I am not convinced that amounts paid by the employer to ESIS’ for the services it renders is relevant to these proceedings. However, ESIS and the employer are directed to bring all contracts, reports, log book entries, correspondence and documents between them regarding the monitoring and surveillance and any other duties pursuant to the labour dispute with the applicant to the next scheduled hearing date. Failing agreement of the parties as to what should be produced, I will hear submissions and determine the matter at that time.
8The hearing is scheduled to continue on April 10, 11, 17 and 18, 2000 at the Board’s Offices, 505 University Avenue, 2nd Floor, Toronto, Ontario, commencing at 9:30 a.m.
“Marilyn Silverman”
for the Board