3899-00-U Communications, Energy and Paperworkers Union of Canada, Applicant v. RMH Teleservices International Inc., Responding Party.
BEFORE: Timothy W Sargeant, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
APPEARANCES: Melissa Kronick and Vic Morden for the applicant; John Lewis and Lara Goldman for the responding party.
DECISION OF THE BOARD; July 17, 2001
At the hearing held on July 6, 2001 the Board made the following order orally.
RMH Teleservices International Inc. (“RMH”) is hereby ordered to produce to counsel for the Applicant the following document:
A copy of the contract between COME NOW MCI WORLDCOM Communications, Inc. ("MCI") and RMH Teleservices, Incorporated, (the "Document") referred to in the Examination-in Chief of Mark O'Connell on Wednesday July 4, 2001 subject to the following conditions in order to protect the confidential and proprietary nature of the Document and the information contained therein.
In producing the above Document, the Respondent RMH may obscure all information in the Document that does not relate to the evidence provided by Mark O'Connell on Wednesday July 4, 2001.
In producing the above Document, the Respondent, RMH may obscure all financial, confidential, proprietary or other sensitive business information as it relates to those portions of the Document that pertain to Mark O'Connell's evidence given on Wednesday July 4, 2001.
The Document may only be used for the purposes of the hearing and for no other collateral or ulterior purpose.
Union counsel is directed not to copy the Document, nor to provide the Document, or any reproductions of the Document, or any part or parts thereof, to any person or third party, including but not limited to the Applicant, and any of the Applicant's officers, agents, servants, employees, members or nominees.
Counsel for the Applicant is directed to keep the Document confidential and not to divulge any information contained in the Document for any purpose except the conduct of this litigation. To this end counsel for the Applicant has consented to executing a Non-Disclosure and Confidentiality Agreement to be provided by RMH. Further, Applicant's counsel has agreed to return her copy of the Document upon the completion of this OLRB matter, subject to the retention of the Document for the limited and sole purpose of conducting a judicial review or reconsideration if such is sought by either party to this matter.
Subject to any legal requirements, the Document will not be released by the Board to the public.
This written decision confirms the order issued orally on July 6, 2001.
“Timothy W. Sargeant”
for the Board