IATSE, Local 262 (the “Union”) v. Laval Colossus Cinema and Ste-Foy Cineplex, Famous Players Limited Partnership (the “Employer”) (May 30, 2015)

In the course of interest arbitration between the parties, the Union requested information from the Employer, including “the hours worked by employees in the Colossus Cinema and Ste-Foy Cinema bargaining units in the course of 2013 and 2014 and hours worked between 1 a.m. and 8 a.m. in 2014.”

The Union argued that the information requested would support the monetary evidence that intended on producing with the assistance of an expert later in the proceeding.

The Employer argued that the Union was engaged in a “fishing expedition” and that the information requested should be subject to a confidentiality and non disclosure order in light of the confidentiality of the information and the detrimental impact that disclosure of could have on its economic interests.

In this interim award, the board of arbitration determined whether the information requested by the Union should be subject to confidentiality and non-disclosure orders.

The Quebec Labour Code requires that interest arbitrators proceed with all dispatch with the inquiry into disputes and in accordance with such procedure as it deems appropriate. Pursuant to this, the board of arbitration ordered that the Employer send counsel for the Union the information requested and that counsel for the Union only forward the information to the Union’s expert. Furthermore, counsel for the Union must obtain from the expert an agreement not to share the terms of its analysis with anyone other than counsel for the Union. Finally, the expert must advise counsel for the Union of the names of the employees that he or she consulted in order to execute its mandate.

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English (Canada)