0178-00-R Ontario Pipe Trades Council, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46, Applicant v. Marman Mechanical Inc., Coote-Marman Mechanical Services Inc., 1150982 Ontario Inc. c.o.b. Apple Mechanical, 1350201 Ontario Inc. c.o.b. Nu-Flow Systems, Responding Parties.
BEFORE: Caroline Rowan, Vice-Chair.
APPEARANCES: Melvin I. Rotman, Daniel McBride and Brian Christie for the applicant; David Defrancesco and Ruth Harniman for Apple Mechanical and Nu-Flow Systems; no one appearing for Marman Mechanical Inc. and Coote-Marman Mechanical Services Inc.
DECISION OF THE BOARD; September 28, 2000
1This is an application under section 69 and/or subsection 1(4) of the Labour Relations Act, 1995 (the “Act”) filed by the Ontario Pipe Trades Council, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46 (the “union”).
2At the commencement of the hearing set in this matter on September 27, 2000, the union requested an order for production of the following documents in the possession and control of two of the responding parties, Marman Mechanical Inc. (“Marman”), and Coote-Marman Mechanical Services Inc. (“Coote-Marman”):
i) all contracts, invoices, bank statements, payroll records, journals, purchase orders relating to their respective dealings with any one or more of the other responding parties to this application;
ii) any documentation relating to the ownership (from January 1999 forward) of the following two pieces of equipment:
a) a John Deere backhoe loader with the following Model No. 310C; ID No.: B110-10 and Serial No.: TO310CA741067;
b) a scissor lift purchased by 1150982 Ontario Inc. c.o.b. Apple Mechanical (“Apple Mechanical) from either Marman or Coote-Marman and referred to in a “Register” produced by Apple Mechanical in this proceeding.
3At this stage, the union seeks simply an order directing Marman and Coote-Marman to provide it with access to the above-referred documents for inspection and photocopying. Having regard to the union’s request, the Board hereby directs Marman and Coote-Marman to contact counsel for the union, Mr. Melvin T. Rotman, within fifteen (15) days from the date of this decision to arrange to provide the union with reasonable access to the documents set out in paragraph 2 above. The Board further directs Marman and Coote-Marman to provide the union with reasonable access to the documents referred to in paragraph 2 above by no later than forty-five (45) days from the date of this decision.
4In making this order, the Board notes that there is an implied undertaking by a party to whom documents are produced as a result of a Board order that the documents not be used for a collateral or ulterior purpose (see for example, Mollenhauer Ltd., [1987] OLRB Rep. September, 1156).
5Having regard to the agreement of the parties in attendance at the hearing, this application is adjourned to January 9, 10, 26 and February 1, 2001 commencing at 9:30 a.m. in the “Board Room”, 2nd Floor, 505 University Avenue, Toronto, Ontario.
6This panel of the Board is not seized.
“Caroline Rowan”
for the Board