International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786 v. Briecan Construction Limited
0936-00-R International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786, Applicant v. Briecan Construction Limited; Brie Construction Inc.; Levert Industries Limited; Allaire Electrical & Mechanical Contractors (North Bay) Limited; Nortemp Staffing Services Inc., Responding Parties v. Northern Ontario Workers’ Association, Intervenor.
1993-99-R Millwright & Machine Erectors Local 1425, United Brotherhood of Carpenters and Joiners of America, Applicant v. Brie Construction Inc. Nortemp Staffing Services Inc., Responding Parties.
2621-00-R International Brotherhood of Electrical Workers, Local 1687, Applicant v. Levert Industries Limited, Briecan Construction Limited, Brie Construction Inc., Levert Personnel Resources Inc. (formerly Nortemp Staffing Services Inc.) and Richard Levert, Responding Parties v. Northern Ontario Workers’ Association, Intervenor.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; October 23, 2001
The Board issued a decision on May 22, 2001 in which it recorded counsel’s confidence that they would be able to complete the necessary exchange of documents by October 3, 2001, in preparation for a hearing set for November 5 and 6, 2001. If there was any dispute about the production of documents, the parties’ submissions were to be addressed to the Board on or before October 3, 2001.
On October 2, 2001 the Board received a letter from counsel for the applicants in two of the files seeking an unopposed adjournment of the date for the filing of any submissions about the production of documents to October 11, 2001. This was granted.
On October 11, 2001 the Board received correspondence from the three applicants. On October 16, the Board received a letter from counsel for the responding parties stating that the letters requesting the production of documents was the first request that had been made of the responding parties. Counsel requested a “few days” to digest the request for documents.
The two applicants in Board File Nos. 1993-99-R and 0936-00-R also asked the Board to add certain parties as responding parties to their applications.
No comments have been received from the intervenor, from whom the International Brotherhood of Electrical Workers Local 1687 (“IBEW”) sought certain documents.
It may be that the correspondence does not reveal some or all of the work that the parties have put into an exchange of documents. Certainly the IBEW does seem to have received some documents from the intervenor. On the other hand, it is difficult to resist the suspicion that nothing much has happened since May 22, 2001.
The Millwrights and Machine Erectors, Local 1425 (the “Millwrights”) have sought to add a number of parties as responding parties. These are presumably parties in some of the other applications. For instance, the names of Levert Industries Limited and Levert Personnel Resources Inc. would suggest that these are the same parties as those listed as responding parties in the IBEW’s application. Absent an address, a person for contact, or the other information one would normally find on an application, it is impossible to be absolutely clear. Less clear is who or what “Allaire Mechanical” is. Is this one and the same as Allaire Electrical & Mechanical Contractors (North Bay) Limited in Board File No. 0936-00-R? If so, why is a different name used?
In addition, the International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers Local 786 (“the Ironworkers”) seeks to add Levert Personnel Resources Inc. as responding parties.
On October 17, this panel had prepared a decision which was not released. This decision was overtaken by Mr. Peterson’s correspondence of October 22 and 23. It is not clear from this correspondence whether he understands “Allaire Mechanical” to be one and the same as his client in the other files, Allaire Electrical & Mechanical Contractors (North Bay) Limited. He appears to consent to the addition of other parties as responding parties in Board File Nos. 0936‑00-R and 1993-99-R, but does not say so explicitly.
The IBEW does appear to have focussed its request for documents, although much of what it seeks are admissions of fact. However, the requests do seem to be focussed in terms of its specific interests (employment of electricians, etc.). In addition, it indicates that “it is not in a position to state its allegations with respect to the Northern Ontario Workers Association” until it receives documents or statements of fact. Whether or not this is reasonable is not clear at this point, although some of it appears to be.
None of this bodes well for the prompt commencement of hearings on November 5, 2001. However, in the meantime the Board makes the following order:
With respect to the requests by the IBEW, the Board directs the responding parties and intervenor in Board File No. 2621-00-R to provide forthwith the particulars of the number of electricians covered by the collective agreements between any of the responding parties and the intervenor to work at Kidd Creek Mine from 1989 to the present. Further, the intervenor is directed to provide the particulars requested in paragraph 4 (and if possible paragraph 5) of Mr. Wright’s letter of October 11, 2001.
The Board is unable at this time to rule on the production order sought by the Millwrights and the Ironworkers. We note that Mr. Peterson has produced some documents. The Board can understand the responding parties’ concern about the time period covered by the documents. The Board encourages the parties to discuss their need for further document production in light of the documents already produced, and particularly encourages the responding parties to produce documents in response to reasonable requests by any of the applicants. Any further disputes can be addressed on November 5 and 6, 2001.
The dates of November 5 and 6, 2001 are made peremptory on all parties, and no adjournments will be granted except by leave of the Board. If the applicants have valid disclosure requirements that have not been met by November 5, 2001, the Board may require them to proceed in any event, or may adjourn one or more of the applications. The Board may reconsider its decision to consolidate these files and permit the IBEW to proceed in Board File No. 2621-00-R. These are all issues to be addressed on November 5, 2001.
“David A. McKee”
for the Board