International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Simcoe Iron Inc., 2001 CanLII 13960

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Simcoe Iron Inc.

2135-01-G International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Applicant v. Simcoe Iron Inc., Responding Party.

2316-01-G International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Applicant v. Simcoe Iron Inc., Responding Party.

BEFORE: D. L. Gee, Vice-Chair.

DECISION OF THE BOARD: November 30, 2001

1These matters are referrals of grievance to arbitration that have been listed for hearing together on December 10, 2001. By letter dated November 28, 2001, the applicant has requested that the Board order the responding party to produce documents identified therein.

2In the Board’s view, hearing time may be saved if the Board makes a direction that the responding party be required to bring the requested documents with it to the hearing on December 10, 2001. At the hearing, any objection to the production of any such documents can be entertained by the panel hearing the case.

3Accordingly, the Board hereby directs that Simcoe Iron Inc. bring with it to the hearing on December 10, 2001 the following documents:

1. The contracts between Simcoe Iron Inc. (“Simcoe Iron”) and other contractors for work performed by Simcoe Iron during the period September 5, 2001 to October 31, 2001 inclusive.

2. Any lists of the job sites in the possession or control of Simcoe Iron where the work referred to in paragraph 1 was performed.

3. Simcoe Iron’s employee lists from September 5, 2001 to October 31, 2001.

4Simcoe Iron’s payroll records from September 5, 2001 to October 31, 2001 and, in particular, its payroll records for the work referred to in paragraphs 1 and 2 above.

5All records in the possession or control of Simcoe Iron with respect to the names and number of employees, including foremen, who worked at the sites referred to in paragraphs 1 and 2 above, the hours and dates they worked, and the work they performed, including, but not limited to, all of Simcoe Iron’s journals and diaries and all journals and diaries of any employee, foreman, manager, or superintendent of Simcoe Iron.

4. Any disputes over production of any of the said documents or disputes over any failure to have brought them to the hearing, can be addressed at the hearing.

“D. L. Gee”

for the Board