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December 21, 2001

Directed to: McLennan Ross - David J.R. Ross, Q.C./Vicki Giles/Hugh McPhail, J. V. Driver Installations Ltd. - Bill Elkington, Blair Chahley Seveny - J. Robert Blair/Yvon Seveny/Yessy Byl, United Brotherhood of Carpenters and Joiners of America, Local 1325 - Vince Burton, Blakely & Dushenski - Micah J. Field , Ackroyd Piasta Roth and Day - Sean Day, Burnet Duckworth & Palmer - Daniel J. McDonald, Q.C., International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local Lodge No. 146 - Ian Murphy, Christian Labour Association of Canada - Rod Schenk, International Association of Bridge, Structural, Ornamental & Reinforcing Iron Workers, Local 720 - George Papineau, HJB Fabricators - Andy Robertson, Vertex - Andy Robertson, Kondro Electric 1980 Ltd. - Willard Kondro, Skyway Canada Ltd. - Brian Delman, Ledcor Fabricators Inc./Ledcor Industrial Ltd./Ledcor Industrial Maintenance/Ledcor Industries Ltd.Ledcor Industries (AB) Inc./North American Pipelines Inc./North American Construction (1993)/Midwest General Contractors/Midwest Projects Ltd. - David J.R. Ross, Q.C./Vicki Giles, Stuart Olson Construction - Al Stowkowy, Tercon Contractors Ltd., Canem Systems Ltd., Monad Contractors - Warner Uhl, Cana Services Employees Association - Andre Kerkovius, MSI Energy Services Inc. - Garry McIvor, Quinn Contracting - Hugh McPhail, Cana Services Ltd. - Robert Hanf, International Union of Operating Engineers Local Union No. 955 - J. Robert Blair/IGL Canada (Western) Ltd. - Larry Semeniuk, Pyramid Corporation/Westbrook Electrical Services Limited - Daryl Wilson, Penn-Co Construction Canada - Judson Virtue

RE: Applications for certification as bargaining agent brought by the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local Union No. 720, Edmonton, Alberta affecting J. V. Driver Installations Ltd., Edmonton, Alberta – Board File Nos. CR-02857, CR-02860

RE: Applications for certification as bargaining agent brought by the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union No. 488, Edmonton, Alberta affecting J.V. Driver Installations Ltd., Edmonton, Alberta. Board File No. CR-02876

RE: An application for certification as bargaining agent brought by the United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325 affecting J. V. Driver Installations Ltd., Edmonton, Alberta – Board File No. CR-02866

RE: An application for certification as bargaining agent brought by the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local Lodge No. 146 affecting J. V. Driver Installations Ltd., Edmonton, Alberta – Board File No. CR-02899

[1] This letter confirms that the hearings will proceed as scheduled on the dates and times set out below (originally set out in the Board’s letter of August 1, 2001). Further to the Board’s decision of December 19,2001 on the reconsideration applications, this letter also sets out some further case management directives in preparation for the hearings. Unless altered by this letter, the case management directives given in the August 1,2001 letter remain intact.

Hearings

[2] The hearings will convene on the objections on timeliness and section 181 matters (which will continue to proceed concurrently) on:

(Please note the changes in bold)

Tuesday, January 15 - Submissions on any Applications for Intervenor Status

- Review of number of days of hearing required and scheduling additional days if required (please bring your calendars up to June 30, 2002)

- Opening Statements begin

Wed/Thurs, January 16, 17, 2002 - Opening Statements continue as needed

- Evidence begins as soon as opening statements conclude
Friday, January 18, 2002 Evidence continues
Monday, January 21, through to Friday, January 25, 2002 Evidence continues
Monday, January 28, 2002 Evidence continues
Wednesday, January 30, 2002 through to Friday, February 1, 2002 Argument

The hearings will run from 9:00 a.m. to 5:30 p.m. each day with one hour for lunch.

These dates are set peremptorily. Please inform your clients and witnesses that they must arrange their affairs to be present during these times or the hearings will proceed in their absence.

Therefore, the Board will expect the parties to arrange their presentations of evidence and argument to complete the hearings in the time set, unless the panel extends the time on application by any of the parties.

Intervenor Applications

[3] Further to the Board’s decision of December 19, 2001 on the reconsideration applications, any of the other employers and trade unions who were provided notice in July, 2001 must file their application for intervenor status with the Board (copied to all other parties) by January 4, 2002. The applicant must include with its application:

  • submissions on the proposed nature and degree of its involvement in the hearing
  • the number and names of witnesses it would propose to call if granted status in the evidentiary portion of the hearing, along with a description of the nature of the evidence the witness would give and the anticipated length of the witness’ testimony (including direct, cross-examination and redirect)
  • the nature of any argument it would intend to advance.

The parties will have the opportunity to make submissions on whether a particular employer or union should be granted intervenor status and on the nature and degree of any involvement. The panel will then rule on whether intervenor status will be granted and determine the degree of the involvement in the hearing including whether any employers or unions granted intervenor status will be permitted to participate in the evidentiary portion of the hearing.

In order to avoid any potential delay to the hearings, any intervenor must be prepared to proceed with the hearing as scheduled if they are granted intervenor status.

Order of Presentation

[4] The order of presentation will remain the same as identified in the August 1.2001 letter. In the event any of the additional parties apply for intervenor status and are granted that status, they will present in the order previously identified.

If the parties agree among themselves to alter this order of presentation, they should advise the Board and all other parties in writing by January 9, 2002.

Opening Statements

[5] On January 15, 16, 17 (as needed), the Board directs that all parties give an opening statement. This will give the Board and all other parties an understanding of the position of each of the parties and a framework within which to assess the evidence. Respondents will be allowed to amend their opening statements at the beginning of their respective cases.

Evidence

[6] In order to enable the Board to assess whether the time scheduled is sufficient to complete the case, each party is directed to provide to the Board by Wednesday, January 9, 2002:

  • a list of the number of witnesses they anticipate calling,
  • the names of the witnesses and
  • the approximate length of time for the witness’ testimony (including direct, cross-examination and redirect).

Most of this information was previously shared between counsel but was not directed to be provided to the Board.

Argument

[7] The Board will continue with the time limits and order of argument set out in the August 1, 2001 letter unless amended by the panel at the hearing.

Disclosure before Hearing

[8] We remind the parties that they were to disclose to each other the following information and prepare the following documents. If there are any problems with implementing these directives, the parties are to notify the Board by January 7, 2002 to enable the Board to deal with the matter in advance of the hearing.

a.    By September 1, 2001 counsel representing the applicant unions, JV Driver and CLAC will forward to all new parties:

    1. copies of any documents they intend to introduce or rely on as evidence in the hearing,
    2. the names of any witnesses and summary of the evidence intended to be presented on the section 181 matter, and
    3. all cases they intend to rely on in argument.

b.  By October 1, 2001 all new parties will forward to all other parties:

    1. copies of any documents they intend to introduce or rely on as evidence in the hearing,
    2. the names of any witnesses and summary of the evidence intended to be presented on the section 181 matter, and
    3. all cases they intend to rely on in argument.

[9] The Board appreciates that a responding party may ultimately choose to call no evidence or to limit its evidence.

  1. Three business days before each party is to begin calling its evidence, it must inform all parties of the names of the witnesses that it will be calling. This will enable the other parties to bring the appropriate advisors to the hearing to deal with the evidence and cross-examination.
  2. By January 10, 2002 all parties are to prepare an agreed statement of facts and an agreed binder of exhibits, where possible. The Board asks the applicants to coordinate this activity.

Number of copies of documents for the hearing

Parties are to bring to the hearing:

  • four (4) copies of all exhibits, written arguments or submissions and cases for use by the Board, and
  • sufficient copies of all exhibits, written arguments or submissions and cases for use by the parties and any potential intervenors (based on the applications for intervenor status sent to the Board).

[10] Please contact the Board Officer, Brian Thomas (780-415-2714) if you have any questions on these matters.

Deborah M. Howes, Vice-Chair