Universal Workers Union, L.I.U.N.A. Local 183 v. Gagliano Floor Finish Ltd. and Grenwitch General Contracting Inc.
2196-00-R Universal Workers Union, L.I.U.N.A. Local 183, Applicant v. Gagliano Floor Finish Ltd. and Grenwitch General Contracting Inc., Responding Party.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; June 12, 2001
1This is an application under section 69 and/or subsection 1(4) of the Labour Relations Act, 1995 (the "Act") alleging the responding parties are under common control or direction and/or there has been a sale of a business from Gagliano Concrete Floor Finish Ltd. ("Gagliano Concrete") to Grenwitch General Contracting Inc. (Grenwitch General").
2The applicant requested production of documents as set out in its letter dated March 7, 2001 to the responding parties. By letter dated June 6, 2001 the applicant asks for a Board order for production of documents as set out in the March 7, 2001 letter.
3The hearing in this matter is scheduled for June 22, 2001. It appears most of the documents sought, if not all of them, are arguably relevant to the issues raised in this application.
4Section 1(5) and 69(13) require the responding parties to adduce the evidence that is relevant to the issue of whether the responding parties are under common control or direction and whether a sale of a business has occurred at the hearing of the application and to that end are required to produce relevant documents. Section 1(5) and 69(13) provide:
(5).......... Where, in an application made pursuant to subsection (4), it is alleged that more than one corporation, individual, firm, syndicate or association or any combination thereof are or were under common control or direction, the respondents to the application shall adduce at the hearing all facts within their knowledge that are material to the allegation.
(13) Where, on an application under this section, a trade union alleges that the sale of a business has occurred, the respondents to the application shall adduce at the hearing all facts within their knowledge that are material to the allegation.
5The Board directs the responding parties' attention to Rule 86 of the Board Rules of Procedure which provides:
- A responding party in an application under section 69 and/or subsection 1(4) of the Act must file with the Board and deliver to all parties a list of all relevant documents and copies of those documents not later than ten (10) days after the response was due to be filed.
6Rule 86 requires the responding parties to list all of the relevant documents and to provide a copy of those documents well before the scheduled hearing.
7There has been no response to the applicant's request for production of documents. The responding parties are directed to make available for inspection and/or to provide the documents requested by the applicant in its March 7, 2001 letter by Wednesday, June 20, 2001.
8If the responding parties object to providing any documents and/or making certain documents available for inspection, the responding parties are directed to identify the documents and state the basis of their objection to produce those documents. The responding parties are directed to bring any documents that they object to producing to the hearing for determination by the panel hearing this matter.
9This panel of the Board is not seized with this matter.
"Inge M. Stamp"
for the Board