Ontario Labour Relations Board
Parties
1646-00-G International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Applicant v. Mannesman Dematic Rapistan Limited, Responding Party.
0258-01-R International Association of Bridge, Structural, Ornamental and Reinforcing Iron workers, Local 721, Applicant v. Mannesman Dematic Rapistan Limited, Accu-Line Conveyor Inc., and The Gap Inc. Responding Parties v. Millwright Regional Council of Ontario, Intervenor.
BEFORE: Harry Freedman, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 30, 2001
Decision
These are two related proceedings in which the applicant seeks an order requiring production of documents that it says are relevant to both of its applications and particulars in advance of the hearing of this matter. Counsel for the applicant submitted in support of its request for an order that that applicant has had correspondence with The Gap Inc. but did not receive the information and documents it was seeking. Counsel also submits that the applicant has contacted Mannesman Dematic Rapistan Limited (“Rapistan”) for information about the relationship between Rapistan and the other responding parties and has not received a response.
Counsel for the applicant, in his letter to the Board dated May 29, 2001 has set out the in some detail the documents and information he seeks from the responding parties. He also indicated that the parties had agreed not to proceed with an Officer’s meeting pending the Board’s determination of his request.
Given the scope and nature of the documents sought by the applicants and the open ended period covered by the applicant’s request, the Board is not prepared to even make a partial order until the responding parties have had an opportunity to comment upon and make submissions with respect to the request from counsel for the applicant. Therefore, the Board is prepared to deal with the applicant’s request by way of written submissions prior to a scheduled hearing of these matters.
Any responding party who wishes to make submissions with respect to the production request contained in the letter from counsel for the applicant dated May 29, 2001 must deliver its submissions to the other parties and file them with the Board on or before Monday June 11, 2001. The applicant, if it wishes to respond to the submissions filed by the other parties, must deliver its submissions in response and file them with the Board on or before Monday June 18, 2001. The Board will deal with the applicant’s request based on the material filed at that time.
This panel of the Board is remains seized with determining the applicant’s request set out in its counsel’s letter of May 29, 2001.
“Harry Freedman”
for the Board