Is it premature to order production of material from an employer to support a union's claim of discrimination?
Ontario, Canada
The following excerpt is from Toronto (City) v Canadian Union of Public Employees, Local 79, 2009 CanLII 91244 (ON LA):
33. Similar to the conclusion drawn in Bell Canada v. Communications Workers of Canada (1980) 25 L.A.C. (2d) 200 (Picher, P.), I am otherwise satisfied that, at best, it would be premature to order production of the material identified in paragraph 26, sub-paragraphs (c), (d), and (e) above. This material is arguably relevant to the claim of discrimination. However, the union has not particularized its allegations in that regard and the request at this stage more resembles an attempt to determine whether it has a case. While the reasons for any denial of a posting are within the employer’s knowledge, the onus remains on the union. Certain of this information is available in some form to the union through the exercise of its own investigative activities.
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