1506-00-R United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Unions 628 and 800, Applicant v. R.L.P. Mechanical Ltd., R.L.P. Machine and Steel Fabrication Inc., Spectrum Construction, 910609 Ontario Inc. c.o.b. Columbia Chrome, Cloutier’s Machine Shop Limited, Responding Parties.
1507-00-R International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128, Applicant v. R.L.P. Mechanical Ltd., R.L.P. Machine & Steel Fabrication Inc., Spectrum Construction, 910609 Ontario Inc. c.o.b. Columbia Chrome, Cloutier’s Machine Shop Limited, Responding Parties.
1508-00-G United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Unions 628 and 800, Applicant v. R.L.P. Mechanical Ltd., R.L.P. Machine & Steel Fabrication Inc., Spectrum Construction, 910609 Ontario Inc. c.o.b. Columbia Chrome, Cloutier’s Machine Shop Limited, Responding Parties.
BEFORE: David A. McKee, Vice-Chair.
APPEARANCES: A.J. Ahee for the applicants; J. Knight for RLP Machine and Steel Fabrication Inc. and Cloutier’s Machine Shop Limited; J. Barrack for 910609 Ontario Inc. c.o.b. Columbia Chrome.
DECISION OF THE BOARD; October 29, 2001
These are applications for a declaration of a related employer under section 1 (4) or alternatively a sale of business under section 69 of the Labour Relations Act, 1995. S. O. 1995 ch.1 (the "Act").
Board File No. 1508-00-G is a referral of a grievance to arbitration pursuant to section 133 of the Act. Board File No. 1508-00-G is adjourned until a result is reached in the other two files.
At the commencement of the proceedings on October 29, 2001 the applicants withdrew the application as against 1108073 Ontario Ltd. c.o.b. Spectrum Construction. No party had any objection to the applicants doing so.
No party appeared on behalf of R.L.P. Mechanical Limited, although this party had been duly served with notice of these proceedings. The applicants requested an order requiring this responding party to produce certain documents for the purposes of these hearings. Having regard to the obligation to produce evidence at a hearing in subsection 1 (5) of the Act and the Board's authority to order pre-hearing production pursuant to section 111 (1) (b), the Board orders R.L.P. Mechanical Limited to produce the following documents to counsel for the applicants on or before November 22, 2001:
All documents, records, plans, drawings or related or similar instruments, directly or indirectly related to construction work performed in province of Ontario from on or after January 1, 1995 including:
(a) All documents of tender, invitations or solicitations to tender, advertisements, offers or solicitations to employ or contract or retain, together with all responses thereto;
(b) All contracts, agreements, memoranda or agreements, subcontracting or work sharing contracts, arrangements or agreements, acknowledgments, directions, appraisal or performance reports or certificates of completion;
(c) All as built drawings for any construction project undertaken by R. L.P. Mechanical Limited;
(d) All certificates, permits, authorizations, inspection or progress reports, or similar instruments, issued or made by or on behalf of any level of government or other inspection or regulatory authority;
(e) From on and after January 1, 1999 only, all payroll records, bookkeeping records, employment records, separation documents, timesheets or cards, cancelled cheques, cheque stubs, pay envelopes, bank statements, income tax or other receipts concerning any payments made or received in respect of the work carried out on a construction project, including all payments made to employees, dependent contractors or independent contractors, or received from other employers, contractors or owners;
(f) All invoices, receipts, orders, and bills of lading, purchase orders or contracts entered into with suppliers for equipment, merchandise or services, showing the name and address of the supplier, the date of delivery or performance, the type and quantity of goods or services supplied and the amount paid or owing therefor;
(g) Without limitation, all documents of incorporation, notices of change, and demanding documents. From on and after January 1, 1995 all financial statements, annual reports, income tax returns, resolutions of directors and shareholders or minutes of their meetings;
(h) Without limitation all certificates, voluntary recognition agreements, collective agreements, or accreditation orders between R.L.P. Mechanical Limited and any trade union;
(i) All letters, memoranda, telegrams, advertisements, directions, authorizations, undertakings, correspondents or communications of any nature or type whatsoever relating to the following projects:
(1) Agrium Project commencing in 1999;
(2) Weyerhauser Project commencing in 1999;
(3) Tembec Projects (Kapuskasing and Smooth Rock Falls) commencing 1998;
(4) Domtar Espanola commencing 1998.
On October 29, 2001 the applicants sought to add another party as responding party to this application, namely 749496 Ontario Limited carrying on business ac CMS Mechanical. Again no party present had any objection to the applicants doing so, although no one was present representing this party and in any event it had not been served with anything. After some discussion with counsel about additional parties, particulars, and production of documents, and pursuant to section 111 (1) (a), I make the following orders and directions:
On or before November 5, 2001 the applicants will advise the Board and all other parties in writing of the following:
(a) any additional parties it wishes to add as responding parties to these applications;
(b) all particulars relating to any party which have not already been pleaded by the applicants;
(c) any further production requirements from any party who is a responding party or who is sought to be added as responding party to this application.
If additional parties are sought to be added as responding parties, I direct the applicant to serve them with copies of the letter making the request as detailed above, copies of the applications in these proceedings, and of all responses in these proceedings, and this decision. Any such letter shall contain all of the information required in application under subsection 1(4) or section 69 including name, address, and identity of a contact person. Within two days of delivering these documents to any party sought to be added as a responding party, the applicants shall file a certificate of delivery with the Board indicating how service was effected and what was served.
If there is the issue with respect to the appropriateness of having any further parties added as responding parties, that may be argued on the next day of hearing, December 13, 2001. Until such time, any such parties will comply with the orders below.
On or before November 19, 2001, all parties shall produce copies of all documents requested by the applicants. If a party wishes to dispute the entitlement of the applicant to have production of a document sought, that party shall contact the Board to convene conference call after 5 p.m. on any day other than November 15, 2001.
On or before November 22, 2001, the applicants shall advise the responding parties of any further documents that they assert exist and are relevant and which have come to their attention from a review of all documents produced to date.
On or before November 28, 2001 the responding parties shall produce all documents requested, subject to a right to dispute the entitlement of the applicants to receive production of such documents by way of telephone conference call after 5 p.m..
On or before November 30, 2001 the applicant shall file with the Board and deliver to the other parties a statement of any further particulars which have not already been pleaded. If any additional parties are sought to be added, the same process applicable on November 5, 2001 will apply to with respect to notice and service of any additional party. If the applicant intends to make such a request on November 30, 2001, counsel shall before it does so, advise Mr. Fred Heerema, Labour Relations Officer, at 416-326-3030.
I am seized of these matters. The next day of hearing will be December 13, 2001 to be heard in the Board's hearing rooms at 505 University Avenue, 2nd Floor, Toronto, Ontario, commencing at 9:30 AM.
“David A. McKee”
for the Board