2365-01-R Sheet Metal Workers International Association Local 285, Applicant v. Applewood Air Conditioning Company Limited, Applewood Air Conditioning Ltd., Applewood Air Conditioning Limited, Applewood Air Conditioning (Ontario) Ltd., Applewood (North) Air Conditioning Limited, Applewood Cooling Limited, Yanch Heating and Air Conditioning Ltd., Yanch Heating and Air Conditioning (Barrie) Limited, Responding Parties.
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; December 21, 2001
This is an application pursuant to Section 69 and/or Subsection 1(4) of the Labour Relations Act, 1995 as amended (the “Act”). The terminal date in this matter has been set for December 6, 2001.
The Board has reviewed the correspondence from counsel for Yanch Heating and Air Conditioning (Barrie) Limited (“Yanch Barrie”) dated December 5 and December 11, 2001 and the correspondence from counsel for the applicant dated December 10, 2001.
Counsel for Yanch Barrie is requesting further particulars with respect to paragraphs 12, 13 and 16 of the applicant’s allegations.
This is an application to which sections 1(5) and 69(13) of the Act apply. These sections state:
(5) Where, in an application made pursuant to subsection (4), it is alleged that more than one corporation, individual, firm, syndicate or association or any combination thereof are or were under common control or direction, the respondents to the application shall adduce at the hearing all facts within their knowledge that are material to the allegation.
(13) Where, on an application under this section, a trade union alleges that the sale of a business has occurred, the respondents to the application shall adduce at the hearing all facts within their knowledge that are material to the allegation.
The particulars with respect to paragraphs 12 and 13 that the responding party Yanch Barrie is requesting is information that is generally within the knowledge of the responding parties in related employer/sale of business applications. The applicant has provided some particulars in paragraph 12 which meet the requirement for making this application. The applicant has indicated that it will provide any further particulars if they are available.
With respect to the allegation in paragraph 16 the applicant is directed to provide the particulars requested by the responding party Yanch Barrie, prior to any meetings with the Labour Relations Officer and/or hearing scheduled in this matter.
This matter is referred to the Registrar and the Manager of Field Services.
“Inge M. Stamp”
for the Board