The International Union of Bricklayers and Allied Craftworkers, Local 31 v. 1249762 Ontario Inc. o/a Mega City Tiling
1320-99-R The International Union of Bricklayers and Allied Craftworkers, Local 31 now known as Brick and Allied Craft Union of Canada, Local 31, Applicant v. 1249762 Ontario Inc. o/a Mega City Tiling and Maran Ceramic Tiles Inc., Responding Parties v. Labourers’ International Union of North America, Local 183, Intervenor.
1332-99-G The International Union of Bricklayers and Allied Craftworkers, Local 31 now known as Brick and Allied Craft Union of Canada, Local 31, Applicant v. 1249762 Ontario Inc. o/a Mega City Tiling and Maran Ceramic Tiles Inc., Responding Parties.
BEFORE: Harry Freedman, Vice-Chair.
APPEARANCES: J. David Watson and Frank Sala for the applicant; Andra M. Pollak and Antonio Marano for Maran Ceramic Tiles Inc.; Joseph Liberman and Antonio Marano for Mega City Tiling; Nicholas Keresztesi and Frank D’Abbondanza for the intervenor.
DECISION OF THE BOARD; March 15, 2000
Decision
1This is an application under sections 69 and 1 (4) of the Labour Relations Act, 1995, S.O. 1995, c. 1 as amended (the "Act") for declaratory and other relief (Board File No. 1320-99-R) and a referral of a grievance to arbitration under section 133 of the Act (Board File No. 1332-99-G). The Labourers International Union of North America, Local 183 (“Local 183”) filed an intervention in Board File No. 1320-99-R. It did not intervene in the grievance proceeding.
2These two matters were listed for a pre-hearing consultation before me. The parties agreed at the outset of the consultation that the grievance proceeding in Board File No. 1332-99-G be adjourned sine die pending the determination of the application in Board File No. 1320-99-R. Therefore, on the agreement of the parties, the referral of a grievance for determination by the Board in Board File No. 1332-99-G is hereby adjourned sine die. Unless the applicant requests that it be listed for hearing within 15 days of the date of the Board’s final decision in Board File No. 1320-99-R, it will be deemed terminated.
3The status Local 183 to intervene in the proceeding in Board File No. 1320-99-R was reviewed during the consultation. The applicant does not assert bargaining rights in respect of 1249762 Ontario Inc. o/a Mega City Tiling (“Mega”) for any sector of the construction industry other than the industrial, commercial and institutional sector. With the applicant’s position made clear in this proceeding, Local 183 advised the Board and the parties that it is withdrawing from this proceeding, but does reserve the right to seek to intervene in the proceeding in Board File No. 1332-99-G if the remedy sought by the applicant in that proceeding affects it. To that end, should the applicant request the Registrar to list Board File No. 1332-99-G for hearing following the Board’s final decision in Board File No. 1320-99-R, the applicant is directed to provide a copy of its request to the responding parties and to Local 183 when it files its request with the Registrar.
4The applicant and both Mega and Maran Ceramic Tiles Inc. (“Maran”) outlined their positions with respect to the production of documents, the relevant facts and the allegations contained in the application. Counsel for Mega then provided the applicant with further documents. Counsel for the applicant advised the other parties and the Board when the pre-hearing consultation reconvened in the afternoon that he had not had the opportunity to review those documents during the lunch recess. As a result, the parties were not able to proceed further and requested that this application be listed for hearing.
5Counsel for the applicant had earlier advised the Board and the other parties of additional allegations in support of its application. At the conclusion of the pre-hearing consultation, I determined that it was appropriate to issue directions with respect to the pleadings and the production of documents in this matter. The applicant is directed to file with the Board and deliver to the responding parties on or before March 24, 2000 amended pleadings in support of its application and a list of specific documents it seeks to have Mega and Maran produce that have not yet been produced by them. Counsel for the applicant agreed that his application for reconsideration of the Board’s decision dated February 23, 2000 in this proceeding be held in abeyance until that time. Counsel for the applicant, in addition to filing amended pleadings and a list of specific documents it seeks to have produced, must also advise the Board and the responding parties by that date whether he wishes to have the Board determine the application for reconsideration.
6The responding parties, on or before April 7, 2000 must either provide the applicant with production of the documents requested or deliver to the applicant and file with the Board their submissions supporting their refusal to provide the requested documents. If the responding parties wish to amend their pleadings to respond to the amended pleadings filed by the applicant, they must file their amended pleadings with the Board and deliver those pleadings to the applicant on or before April 7, 2000.
7Should counsel for the applicant wish to reply to the submissions, if any, made by the responding parties in support of their refusal to produce the requested documents, his submissions in reply, if any, must be delivered to the responding parties and filed with the Board on or before April 14, 2000.
8If the counsel for the applicant advises the Board that he does seek to have the Board determine his application for reconsideration, the responding parties need not file any submissions in response to that application unless directed to do so by the Board. Should the applicant not advise the Board on or before March 24th that he wishes to have the Board determine the application for reconsideration, it will be dismissed.
9This panel of the Board remains seized with determining the pre-hearing issues outlined in this decision, but is not otherwise seized with this matter.
10The application in Board File No. 1320-99-R is referred to the Registrar to be listed for hearing before another panel of the Board.
“Harry Freedman”
for the Board