Ontario Labour Relations Board
Parties: Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America, Applicant v. 1360351 Ontario Inc. c.o.b. as Plus Construction, Responding Party v. Universal Workers Union, LIUNA Local 183, Intervenor.
Before: Harry Freedman, Vice-Chair.
Decision of the Board: May 17, 2001
Decision
1The applicant, pursuant to the Board’s decision in this matter of April 19, 2001 sought pre-hearing production of documents from the intervenor and responding party by letter dated May 3, 2001. The applicant, by letter dated May 14, 2001 (that was brought to my attention on May 16th) seeks an order requiring production based on the response it received from the intervenor and the absence of a reply from the responding party. The Chair of the Board authorized me to sit alone to hear and determine this matter pursuant to section 110(14)(a) of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended ("the Act").
2The hearing of this matter is to deal with the status of the persons in dispute. Therefore records that have some bearing on the work those persons performed for the responding party are, at the very least, arguably relevant. The intervenor, in a letter to the applicant dated May 11, 2001 provided information about the collective agreement between it and the responding party and required more specificity about correspondence between it and the responding party.
3The application was filed on March 15, 2001 with respect to employees of the responding party who were working at the Delaney Drive and Church St. site in Pickering (the “Job site”) on that date. The applicant seeks an order directing production of records (other than membership records) of the intervenor with respect to persons who were members of the intervenor who either were referred to work or were working at the Job Site for a period of eight weeks prior to the application date and one week after the application date. It also seeks an order directing production of records of the responding party with respect to the Job Site.
4In my view, the nature of the records sought is, at the very least, arguably relevant, but not for the entire period requested. I am of the view that the records of the intervenor with respect to individuals it represented who were working at the Job Site at any time in the period between two weeks before the application date and one week after the application date ought to be produced as such records are arguably relevant to the status issues raised in the application. Similarly, the records requested of the responding party for that same period of time should be produced.
5Therefore, the Board, pursuant to sections 110(18) and 111(2)(b) of the Labour Relations Act, 1995, S. O. 1995, c. 1, as am. and Rule 76 of the Board’s Rules hereby directs the intervenor to produce for inspection by the applicant on or before noon on May 22, 2001:
a) referral slips, hiring hall records, remittance reports and any other reports relating to work performed at the Job Site during the period between two weeks before the application date and one week after the application date by individuals it represents;
b) correspondence, including agreements, grievances, settlements and memoranda between it and the responding party relating to work performed by the responding party at the Job Site during the period between two weeks before the application date and one week after the application date;
and directs the responding party to produce for inspection by the applicant on or before noon on May 22, 2001:
a) contracts, subcontracts, invoices, employee records, daily reports, payroll records, invoices, time sheets and any other document or record maintained by the responding party relating to any work it performed (or was carried out on its behalf) at the Job Site during the period between two weeks before the application date and one week after the application date;
b) an inventory, including any insurance inventories or lists, of all equipment owned or operated by the responding party that was at the Job Site during the period between two weeks before the application date and one week after the application date;
c) all documents, records, or correspondence relating to insurance contracts, benefits, remittances or registrations relating to Employment Insurance remittances, Workers Safety and Insurance Board remittances or coverage, Revenue Canada remittances and Ministry of Labour matters relating to any individual or corporate entity, including subcontractors or pieceworkers, who performed work at the Job Site during the period between two weeks before the application date and one week after the application date; and
d) all documents and records, including contracts, agreements and memoranda relating to subcontractors who were performing work at the Job Site on the application date including the names, addresses and phone numbers of any employees of such subcontractors who were doing work at the Job Site on the application date.
6The Board recognizes that a party need not create records or documents in order to comply with the production order. If documents, records etc. do not exist, they cannot be produced. If however, such documents or records, including computer files do exist, they must be produced for inspection. Furthermore, the responding party and intervenor are directed to have those records available, not only for inspection by the applicant on May 22, 2001, but are also directed to have those records and documents in their possession and available to the applicant at the commencement of the hearing on May 23, 2001.
“Harry Freedman”
for the Board