0379-01-R Michael Merlin, Applicant v. Local 27 Carpenters, Responding Party v. Ashbri Industries Inc., Intervenor.
BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; July 31, 2001
This is an application for decertification brought pursuant to the construction industry provisions of the Labour Relations Act, 1995, S. O. 1995 ch.1 (the “Act”). The responding party has raised an issue with respect to section 63(13), and it is appropriate to require the other parties to this proceeding to produce certain documents in advance of the hearing. The Board has the authority to do so under section 111(2)(b), and it is appropriate to do so in this case rather than delay the hearing unnecessarily when documents are produced.
Michael Merlin and Ashbri Industries Inc. are directed to produce to counsel for the District Council of Ontario, United Brotherhood of Carpenters and Joiners of America (the “Union”) copies of all documents relating to any work performed by Michael Merlin for or on behalf of Ashbri Industries Inc., whether as an employee, a subcontractor, or in any other capacity, including payroll records, records of payment for any reason, project reports or schedules of hours worked for the period February 1, 2001 and April 30, 2001.
These copies are to be delivered to the offices of counsel for the Union on or before August 3, 2001 by 2:00 p.m. If there is a cost associated with the copying of these documents, the Union is directed to reimburse the party who incurred the costs on August 7, 2001. Michael Merlin and Ashbri Industries Inc. are directed to bring the originals of these documents to the hearing with them on August 7, 2001.
“David A. McKee”
for the Board