2511-99-G Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. O & P Carpentry Limited, Responding Party v. Toronto & District Carpentry Contractors Association, Intervenor.
BEFORE: Harry Freedman, Vice-Chair, and Board Members G. Pickell and A. Haward
APPEARANCES: J. David Watson and Lister Tennant for the applicant; M. E. Geiger and Mauro Angeloni for the responding party and intervenor.
DECISION OF THE BOARD; April 24, 2001
This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S. O. 1995, c. 1, as amended (the “Act”) that was filed with the Board on November 19, 1999. There had been several hearing dates scheduled and adjourned pending settlement discussions and ultimately this matter was adjourned sine die by decision of the Board (differently constituted) May 30, 2000. The applicant requested that this matter be relisted for hearing and it was therefore scheduled for hearing together with the applicant’s referral of a grievance under section 133 of the Act in Board File No. 0013-01-G.
During the course of opening statements and exchanges between counsel and the Board, it became apparent that the parties in May 2000 had come to an understanding in general terms about the appropriate resolution of this matter, but disagreed over the details of their settlement arrangement.
After receiving the parties’ submissions, the Board issued the following decision at the hearing.
Ruling Issued at the Hearing on April 23, 2001
The parties attempted to resolve their dispute over remittances and wages and reached an agreement in principle that would have resolved this grievance.
The parties agreed that the responding party would pay the difference, if any, between what the employees were paid and what was remitted on their behalf and what should have been paid and remitted under the relevant collective agreements. The responding party has done that calculation, but the applicant submits that it cannot get access to the responding party’s records to verify the amount. The applicant seeks an order directing the production of relevant records. The responding party does not oppose the request for that kind of order.
Therefore, the Board directs the responding party, within twenty working days of the date of this decision, to produce for inspection by the applicant all payroll records, timesheets (including daily and weekly employee time sheets) and any other records maintained by the responding party that contain information about the location and nature of the projects on which the responding party’s employees worked for the period of time that was the subject matter of this grievance.
Should the parties be unable to agree on the amounts, if any, to be paid, this panel of the Board remains seized to determine such amounts.
The parties disagree over the period of time to which this grievance relates. The responding party submits that the period ends in November 1999. The applicant submits it continues well beyond that date because this is a continuing grievance.
The Board directs that the records relating to work in the period ending November 1999 be produced. Should the applicant seek production of records relating to a period beyond that date, that issue may come back before this panel of the Board for determination at the request of the applicant.
“Harry Freedman”
for the Board