2195-99-U Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Innovative Flooring Inc. and Regency Flooring, Responding Parties.
2196-99-R Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Innovative Flooring Inc. and Regency Flooring, Responding Parties.
2199-99-G Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Innovative Flooring Inc. and Regency Flooring, Responding Parties.
BEFORE: Inge M. Stamp, Vice-Chair.
APPEARANCES: N. L. Jesin and L Hanacek for the applicant; David Conn and Ann Jackman for the responding parties.
DECISION OF THE BOARD; May 23, 2001
1At the continuation of these matters the Board made the following orders and directions. The responding parties are directed to make the necessary arrangements with the Bank of Nova Scotia, Cedarbrae Plaza in Scarborough, to obtain Bank documents relating to Regency Flooring (“Regency”) as set out in the letter dated January 25, 2001 sent by counsel for the responding parties.
2The parties had agreed, and the Board directed, that the applicant and the responding parties would split the cost charged by the Bank of Nova Scotia for this search. There is a deposit required by the Bank to initiate the search. Counsel for the responding parties is directed to make the necessary arrangements with the Bank by Friday, May 25, 2001. Counsel is further directed to advise counsel for the applicant the amount of the required deposit. Counsel for the applicant is to make whatever arrangements necessary with counsel for the responding parties to pay the applicant’s share of the deposit.
3When the responding parties receive the Bank’s invoice for the search of Regency’s Bank records, the applicant and the responding party Innovative will each pay half the amount. Counsel for the applicant is directed to make whatever arrangements necessary with counsel for the responding parties to pay the applicant’s share of the final invoice.
4Counsel for the applicant states that if the Bank records disclose a violation of the collective agreement by any of the responding parties the applicant will be seeking reimbursements of costs pursuant to the provisions of the collective agreement. Counsel for the responding parties opposes any request for reimbursement by the applicant for the Bank charges relating to the production of Bank records for Regency. The Board ruled that the issue of cost recovery of the applicant’s share of the Bank charges is to be determined when the section 133 grievance proceeds, subject to the determination in the section 69/1(4) application.
5Counsel for the responding parties agreed to provide to the Board and the applicant copies of applications made under the “Access to Information Act” to Human Resources Development Canada (HRDC). The Board directs the responding parties to provide copies of those applications by the end of the business day, Friday, May 25, 2001.
6The Board further directs the responding parties to send copies of any documents received by HRDC in response to the above enquiries to the applicant and to the Board.
7Prior to this decision being released the Board received a copy of a letter dated May 18, 2001, from counsel for the responding parties, authorizing the Bank of Nova Scotia to commence a search of its records with respect to Regency Flooring.
8These matters are scheduled for continuation on Monday and Tuesday, July 23 and 24, 2001 and Monday, September 17, 2001, commencing at 9:30 a.m. in the "Board Room", 2nd Floor, Toronto, Ontario.
9If there are any issues with respect to the Board’s directions the parties shall contact the Registrar and request a conference call with the panel of the Board so that these matters can proceed on the next day of hearing without any further delay.
“Inge M. Stamp”
for the Board