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International Brotherhood of Electrical Workers, Local 773 v A & K Electric Windsor Inc, 2013 CanLII 77034 (ON LRB) Date: 2013-11-07 Docket: 1898-13-G URL: http://canlii.ca/t/g228d Citation: International Brotherhood of Electrical Workers, Local 773 v A & K Electric Windsor Inc, 2013 CanLII 77034 (ON LRB), <http://canlii.ca/t/g228d> retrieved on 2013-12-09 Share: Share Print: PDF Format Noteup: Search for decisions citing this decision Reflex Record Related decisions, legislation cited and decisions cited 1898-13-G International Brotherhood of Electrical Workers, Local 773, Applicant v. A & K Electric Windsor Inc., Responding Party. BEFORE: Eli A. Gedalof, Vice-Chair. DECISION OF THE BOARD: November 7, 2013

1. This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1, as amended (the “Act”). The referral was made on September 30, 2013. To date, the responding party has not filed a Request for Hearing and Notice of Intent to Defend/Participate (Form A-87). The applicant has not sought to have this matter dealt with solely on the basis of the material filed, and has requested that it proceed to hearing.

2. By correspondence dated November 4, 2013, the applicant has requested that the Board direct the responding party to produce to the Union, no later than 5:00 p.m. on November 11, 2013, a copy of its payroll ledger, daily time sheets and pay stubs in respect of all work performed from August 23, 2013 to the present. For the reasons that follow, the Board finds that it is appropriate to make this direction.

3. This matter is the subject of three prior decisions of the Board. By decision dated October 9, 2013, the Board advised the parties that the registrar had been unable to deliver a copy of the Confirmation of Filing in this matter to the responding party at the address provided by the applicant (1370 Argyle Road) and directed the applicant to provide an address to which it could be delivered. By correspondence dated October 10, 2013, the applicant advised the Board that it had successfully delivered materials to the employer at that address in the past, and provided representations in support of its position that the responding party may simply be refusing service. By decision dated October 15, 2013, the Board advised that it would require oral evidence that the address provided was in fact the responding party’s place of business before reaching any conclusions. A hearing was held on October 16, 2013. The responding party did not attend. At that time the applicant provided the Board with a Corporation Profile Report for the responding party, identifying 550 Hanley Crescent as its registered business address. By decision dated October 16, 2016, the Board directed that the Confirmation of Filing be sent to the responding party at its registered corporate address, and held that if the responding party did not have procedures in place to accept deliveries at this address or otherwise ignored or rejected the delivery, this would not prevent the matter from proceeding.

4. The Board’s Confirmation of Filing was sent to the 550 Hanley Crescent address by Purolator courier, which has confirmed that the package was successfully delivered on October 18, 2013. Notwithstanding delivery of the confirmation to the responding party’s registered address, the responding party has still not filed a Request for Hearing and Notice of Intent to Defend/Participate (Form A-87), or any other materials with the Board. Rule 35.1 of the Board’s Rules of Procedure provides that if a responding party wishes to participate in the case, it must file the Form A-87 not later than five (5) days after the date of the Confirmation of Filing sent by the Board.

5. The substance of the grievance before the Board is an allegation that since August 23, 2013, the date the applicant was certified, the responding party has failed to comply with the terms of the applicant’s provincial ICI Collective Agreement, and its Residential Collective Agreement between the IBEW and the IBEW CCO and Windsor Electrical Contractors’ Association. Upon certification, the responding party became bound by both agreements by virtue of the Board’s certificates and, in the residential sector, accreditation order, copies of which were included with the application, and sections 138 and 161 of the Act. The applicant seeks, among other things, damages arising from the responding party’s failure to employ members of the applicant to perform bargaining unit work, and to pay its employees in accordance with the terms of the collective agreements. The documents sought, essentially payroll records, are at the very least arguably relevant to the alleged breaches of these agreements, and the direction sought is therefore appropriate. The hearing in this matter is scheduled for November 22, 2013. The applicant has requested that the documents be produced by 5:00 p.m. on November 11, 2013. Given the date of this decision, the Board finds that November 14, 2013 is reasonable timeframe for production, as it provides both the responding party time to produce the documents, and the applicant time prior to the scheduled hearing to either review the documents, or pursue whatever course it deems appropriate in the event the documents are not produced.

6. The Board therefore directs the responding party to produce to the applicant a copy of its payroll ledger, daily time sheets and pay stubs in respect of all work performed from August 23, 2013 to the date on which the documents are produced. These documents are to be produced to the applicant no later than 5:00 p.m. on November 14, 2013.

7. I am not seized. “Eli A. Gedalof” for the Board