Ontario Labour Relations Board
3125-00-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. Ogilvie Motors Ltd., Responding Party.
BEFORE: Marilyn Silverman, Vice-Chair, and Board Members Judith A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; May 15, 2001
This is an application for certification. A hearing is scheduled to commence in this matter on July 4, 2001.
By letter dated May 7, 2001, the applicant (“the union”) requests that the Board order the responding party (“the employer”) to provide additional particulars and productions. In his request, counsel for the union provided the Board with a series of correspondence with counsel for the employer on this issue. On March 19, 2001 counsel for the union outlined a list of particulars and documents for production which it requested be produced by March 30, 2001. On April 4, 2001 and again on April 26, 2001, counsel for the union renewed the request. On April 2, 2001 counsel for the employer responded, did not object to the substance of the applicant’s request and addressed the issue of timing of the productions.
The parties first came before us on March 5, 2001 and the union’s request is dated March 19, 2001. Having reviewed the nature of the request, the fact that the employer has had almost eight (8) weeks to comply and in the interest of the hearing proceeding as expeditiously as possible, it is appropriate to grant the union’s request.
The employer is directed to comply with the production request set out in the union counsel’s letter of March 19, 2001. It must do so by May 31, 2001. In the event that there is any objection to any of the requests, the employer shall provide detailed submissions as to its objections by May 18, 2001. The union shall have until May 23, 2001 to respond after which the panel shall determine any outstanding issues arising out of those submissions.
“Marilyn Silverman”
for the Board