Ontario Labour Relations Board
File Nos.: 0174-01-R; 0341-01-R Date: May 23, 2001
Between:
Tony Monaco, Applicant v. The International Brotherhood of Electrical Workers and The IBEW Construction Council of Ontario and affiliated IBEW Local Union 353, Responding Party v. Midtown Enterprises Limited, Intervenor.
Before: David A. McKee, Vice-Chair.
Decision of the Board
1The Board has received the submissions of the responding party by letter dated May 23, 2001. Since the responding party has withdrawn its objection based on the alleged improper delivery of the application, the Board defers consideration of Board File No. 0314-01-R until the conclusion of Board File No. 0174-01-R, pursuant to section 111(3) (b).
2In the interests of the efficient conduct of the litigation, the Board directs Midtown Enterprises Limited (“Midtown”) to produce all records relating to the performance of work covered by the collective agreement for the responding party by any employee, sub-contractor or other person on April 17 and 27, 2001. Such documents should, to the extent that they exist, include payroll records and paycheques, records kept of time worked by such persons (by persons on site and transcribed in the office), invoices, purchase orders, or any other record of payment. The responding party is also directed to produce (with dollar figures obscured if it so chooses) all contracts, subcontracts, invoices, purchase orders and any other sort of document respecting work which Midtown contracted to perform work for any third party or on its own behalf.
3These documents are to be produced on or before June 15, 2001. The Registrar is directed to list this matter for two days of hearing to deal with all matters arising from this application.
4I am not seized of this application.
“David A. McKee”
for the Board