Ontario Labour Relations Board
0459-00-R Industrial Wood & Allied Workers of Canada, Local 700, Applicant v. Supply Chain Express Inc., Canadian Merchandising Employees Union, Responding Parties.
2990-99-R Industrial Wood & Allied Workers of Canada, and its Local 700, Applicant v. Wilson’s Truck Lines Limited, Wilson Logistics Inc., and Supply Chain Express Inc., Responding Parties v. Canadian Merchandising Employees’ Union, Intervenor.
3843-99-U Industrial Wood & Allied Workers of Canada, Local 700, Applicant v. Wilson Logistics Inc., Supply Chain Express Inc., Canadian Merchandising Employees’ Union, Tom Rees and Scott Carter, Responding Parties.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; July 16, 2001
1On July 16, 2001, this matter came on for hearing. I made two procedural rulings about the conduct of the case.
2First, I determined that the Board would not entertain submissions about the production of documents by Mr. Brian Hellyer, summonsed on behalf of “Sobeys Ontario” on that day. Sobeys Ontario resisted the production of documents on a number of grounds, all of which were understandable given the nature of the documents and the fact that it is not a party to the proceedings. The summons listed among the documents it sought a large number of types of documents “in relation to transportation and/or logistics arrangements with Wilson Logistics Inc., Wilson’s Truck Lines Limited and Supply Chain Express Inc.” Some two weeks before the hearing, Supply Chain Express Inc. (“SCE”) had raised an issue with respect to the jurisdiction of the Board to continue to deal with these applications, on the basis that its labour relations were, it alleged, now governed by federal law. Until that issue is determined, it would not be possible to argue questions of the relevance of some of the documents. Further, SCE argues that this Board must defer to the Canada Industrial Relations Board on the question of constitutional jurisdiction. If it is right, the Board has no power to issue any orders with respect to the production of documents in any event.
3Following submissions from counsel I ruled as follows with respect to the next days of hearing.
On August 16, parties should be prepared to deal with the following issues:
(1) SCE alleges that its labour relations fall within federal rather than provincial jurisdiction. Does the Canada Labour Code deprive the Ontario Labour Relations Board of the power to determine whether in fact the labour relations of SCE are governed by federal or provincial legislation?
(2) Even if the labour relations of SCE are governed by federal rather than provincial legislation, does the relevant legislation give the Ontario Labour Relations Board the authority to continue with and dispose of these applications?
(3) If the relevant legislation does do so, what statute or case law is applicable?
4In the interim, SCE is to provide to the applicant a statement of the facts and particulars on which it relies in support of its assertion that the labour relations of SCE are governed by federal rather than provincial law, and copies of all of the documents on which it relies. The Board expects SCE to be reasonably co-operative about the production of other documents that the applicant may reasonably request. Any disputes about document production may be dealt with on August 16 or 17, 2001.
5The Board will resume these proceedings on August 16 and 17. While the Board would expect to dispose of as many issues as possible on those days, no party needs to be prepared to start its case on whether in fact, the labour relations of SCE are governed by federal or provincial law.
“David A. McKee”
for the Board