[1982] OLRB Rep. January 55
1740-81-R Local Union 2228, International Brotherhood of Electrical Workers, Applicant, v. Filtran Limited, Respondent, v. Group of Employees, Objectors.
BEFORE: R. D. Howe, Vice-Chairman, and Board Members W. H. Wightman and S. Cooke.
APPEARANCES: L. A. Rome, P. Jollymore, J. Huston and G. Myers for the applicant; Lynn H. Harden, Russell Zinn, Philip W. White, Milan Oppelt and Ian Bolt for the respondent; Garry Roberge, Garry O'Bomsawin, Margaritte Crawford and Helen Coughlar for the objectors.
DECISION OF THE BOARD; January 6, 1982
This is an application for certification in which the applicant sought to be certified without a representation vote pursuant to section 8 of the Labour Relations Act as a result of a number of alleged contraventions of the Act by the respondent. The applicant also sought relief under section 89 of the Act.
This application came on for hearing before the Board in Ottawa on December 15 and 16, 1981, along with a related section 89 complaint. During the second day of hearing, the proceedings were recessed to afford the parties an opportunity to engage in settlement discussions. Prior to the continuation of hearing scheduled in this matter, the parties filed with the Board Minutes of Settlement with respect to this application. The terms of the Minutes of Settlement are as follows:
"The parties to the above-noted proceedings hereby agree to the following terms of settlement:
The Respondent acknowledges that the Applicant is a trade union within the meaning of the Labour Relations Act.
The Respondent agrees to provide reasonable access by the officials of the Applicant to the grounds surrounding the Respondent's plant for the purpose of conducting legal organizational activities, such access to continue until forty-eight (48) hours preceding a representation vote ordered by the Ontario Labour Relations Board.
The Respondent agrees to permit access to its plant at 229 Colonnade Road, Nepean by two representatives of the Applicant, with reasonable notice beforehand, for the purpose of conducting three (3) separate meeting with the employees of the Respondent out of the presence of any members of management. The meetings will take place during the regular working hours of the employees working on the day shift and will be open to employees of the Respondent working on the evening and night shifts. Attendance at the meetings will be without loss of pay on the part of the employees. The initial meeting will be forty-five (45) minutes in duration and the two subsequent meetings will be thirty (30) minutes in duration.
The Respondent will make available to the firm of Blaney, Pasternak a list of its non-managerial employees in the bargaining unit including their current address as indicated on the Respondent's personnel files and will keep the said list up to date until March 21, 1982. The firm of Blaney, Pasternak will, if directed by the Applicant, mail literature to each employee at his or her personal residence. Such literature shall include a tear sheet indicating that the employee may advise that he or she will not authorize release of his or her address to the Applicant. The tear sheet must be returned to the firm of Blaney, Pasternak within fifteen (15) days of the date of the mailing of the literature in order to prevent release of the employee's address. A copy of the tear sheet which is sent to the employees will be forwarded to the Respondent.
The Employees Association of Filtran Limited will be disbanded. Respresentative of the Association will be entitled to send a notice to employees of the Respondent within fifteen (15) days of the Board's decision herein indicating the reasons for their decision to disband the Association after agreement by the Applicant and Respondent to the wording thereof.
The parties consent to the issuance by the Ontario Labour Relations Board of a direction that a representation vote be conducted among the employees of the Respondent as set out in the description of the bargaining unit proposed by the Applicant. The vote will be conducted in accordance with the normal practices of the Board and will occur on March 31, 1982 or April 7, 1982 or such other time as the Board directs after March 31, 1982. Those eligible to vote will be the employees of the Respondent as of March 21, 1982 who are covered by the description of the bargaining unit referred to above save and except those who voluntarily terminate their employment or who are discharged for cause between March 21, 1982 and the date of the vote.
The parties consent to the issuance by the Ontario Labour Relations Board of a direction that the Respondent post a notice in the form attached hereto as Appendix 'A' on all bulletin boards in its plant for a period of sixty (60) working days following the receipt by if of the Board's decision herein.
The parties agree that the bargaining unit is that set out in the Application for Certification filed by the Applicant.
"Philip White" "G. Myers"
for FILTRAN LIMITED for LOCAL UNION 2228
"Gary Roberge"
for Employees' Association"
"APPENDIX 'A'
NOTICE TO EMPLOYEES
Posted pursuant to the provisions of the Labour Relations Act of Ontario:
We have issued this notice following a hearing before the Ontario Labour Relations Board and as a result of an agreement between ourselves and Local 2228, International Brotherhood of Electrical Workers. We wish to inform all employees of the following rights under the Act:
To organize themselves;
To form, Join or Help Unions;
To Bargain as a Group, through a Representative of their own choice;
To act together for collective bargaining;
To refuse to do any and all of the above things;
We assure our employees that:
We will not take any action against employees because of their support for Local 2228, International Brotherhood of Electrical Workers.
If Local 2228, International Brotherhood of Electrical Workers is certified by the Ontario Labour Relations Board following a vote of the employees, we will bargain in good faith with the Union and make every reasonable attempt to make a Collective Agreement.
We would also inform you that the complaint which was filed by Gail Catherine Wegman following the termination of her employment has been settled to the satisifaction of Mrs. Wegman and the company on terms on terms which include the payment of compensation to Mrs. Wegman.
The Union will have three (3) opportunities to speak to the employees during working hours fuller details of which will be posted on the bulletin board.
Representatives of the Union shall have reasonable access to the company's grounds surrounding the plant for the purpose of disseminating information.
FILTRAN LIMITED
This is an official notice of the Board and must not be removed or defaced."
Having regard to the agreement of the parties and the evidence adduced before us in this matter, the Board finds that the applicant is a trade union within the meaning of section l(I)(p) of the Labour Relations Act.
Having further regard to the agreement of the parties, the Board finds that all employees of the respondent at Ottawa, Ontario, save and except foremen, persons above the rank of foreman, office and sales staff, persons regularly employed for not more than twenty-four hours per week and students employed during the school vacation period, constitute a unit of employees of the respondent appropriate for collective bargaining.
Having regard to the agreement of the parties, the Board directs that a representation vote be taken of the employees of the respondent in the bargaining unit. The vote is to be taken on March31, 1982, April 7, 1982, or on such other date after March 30, 1982 as may be determined by the Registrar pursuant to Rule 43 of the Board's Rules of Procedure. All employees of the respondent in the bargaining unit on March 21, 1982, who do not voluntarily terminate their employment or who are not discharged for cause between March 21, 1982 and the date the vote is taken will be eligible to vote. Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the respondent.
Having further regard to the agreement of the parties, the Board directs the respondent to comply with the terms of the Minutes of Settlement set forth above, including the posting of the attached notice marked "Appendix". The Board directs that the respondent post copies of that notice, after being duly signed by the respondent's representative, on all bulletin boards in its plant and that the respondent keep the notices posted for sixty consecutive working days. Reasonable steps shall be taken by the respondent to ensure that the said notices are not altered, defaced or covered by any other material. Reasonable physical access to the premises shall be given by the respondent to a representative of the complainant so that the complainant can satisfy itself that this posting requirement is being complied with.
This matter is referred to the Registrar.
Appendix
The Labour Relations Act
NOTICE TO EMPLOYEES
Posted by Order of the Ontario Labour Relations Board
WE HAVE ISSUED THIS NOTICE FOLLOWING A HEARING BEFORE THE ONTARIO LABOUR RELATIONS BOARD AND AS A RESULT OF AN AGREEMENT BETWEEN OURSELVES AND LOCAL 2228. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS. WE WISH TO INFORM ALL EMPLOYEES OF THE FOLLOWING RIGHTS UNDER THE ACT:
To ORGANIZE THEMSELVES.
To FORM, JOIN OR HELP UNIONS.
To BARGAIN AS A GROUP, THROUGH A REPRESENTATIVE OF THEIR OWN CHOICE.
To ACT TOGETHER FOR COLLECTIVE BARGAINING,
To REFUSE TO DO ANY AND ALL OF THE ABOVE THINGS,
WE ASSURE OUR EMPLOYEES THAT:
WE WILL NOT TAKE ANY ACTION AGAINST EMPLOYEES BECAUSE OF THEIR SUPPORT FOR LOCAL 2228. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS.
IF LOCAL 2228, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS IS CERTIFIED BY THE ONTARIO LABOUR RELATIONS BOARD FOLLOWING A VOTE OF THE EMPLOYEES, WE WILL BARGAIN IN GOOD FAITH WITH THE UNION AND MAKE EVERY REASONABLE ATTEMPT TO MAKE A COLLECTIVE AGREEMENT,
WE WOULD ALSO INFORM YOU THAT THE COMPLAINT WHICH WAS FILED BY GAIL CATHERINE WEGMAN FOLLOWING THE TERMINATION OF HER EMPLOYMENT HAS BEEN SETTLED TO THE SATISFACTION OF MRS. WEGMAN AND THE COMPANY ON TERMS WHICH INCLUDE THE PAYMENT OF COMPENSATION TO MRS. NEGMAN,
THE UNION WILL HAVE THREE (3) OPPORTUNITIES TO SPEAK TO THE EMPLOYEES DURING WORKING HOURS FULLER DETAILS OF WHICH WILL BE POSTED ON THE BULLETIN BOARD.
REPRESENTATIVES OF THE UNION SHALL HAVE REASONABLE ACCESS TO THE COMPANY'S GROUNDS SURROUNDING THE PLANT FOR THE PURPOSE OF DISSEMINATING INFORMATION.
FILTRAN LIMITED
PER: (AUTHORIZED REPRESENTATIVE)
This is an official notice of the Board and must not be removed or defaced.
This notice must remain pasted for 60 consecutive working days.
DATED this 6TH day of JANUARY . 1982.