Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. M.R.H. Interiors Ltd. and B.L.T.
0366-00-R Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. M.R.H. Interiors Ltd. and B.L.T., Responding Parties.
0367-00-G Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. M.R.H. Interiors Ltd. and B.L.T., Responding Parties.
BEFORE: Harry Freedman, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; August 11, 2000
1These are an application under sections 69 and 1 (4) of the Labour Relations Act, 1995, S.O. 1995, c. 1 (the "Act") (Board File No. 0366-00-R) and a referral of a grievance to the Board for determination under section 133 of the Act (Board File No. 0367-00-G). The hearings in these matters are scheduled to commence on November 14, 2000.
2Counsel for the applicant, by letter dated August 10, 2000 requests that the Board order the responding parties to produce certain documents in advance of the scheduled hearing that are listed in items 1 through 7 of that letter. It does not appear from the material filed as if counsel requested those documents from the responding parties before seeking a Board order or if so, whether the responding parties object to producing those documents.
3It appears from a perusal of the list of documents sought that most, if not all, of them appear to be at least arguably relevant to the issues raised in these proceedings. Nevertheless, before making a production order, the Board is of the view that the responding parties should have an opportunity to consider the request and determine which documents, if any, they are prepared to produce for inspection prior to the hearing and if they are not prepared to produce some of the documents requested, why they object to doing so.
4The responding parties are directed to file with the Board and deliver to counsel for the applicant within 15 days of the date of this decision a list of the documents they are prepared to produce and a list of the documents, if any, that they refuse to produce and the reasons for their refusal. Counsel for the applicant must deliver its response to the Board and to the responding parties within 5 days of the date he receives that material from the responding parties. The Board will then determine the matter based on the material before it.
5This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board