Ontario Labour Relations Board
[1993] OLRB Rep. July 587
1119-93-M United Food and Commercial Workers Union, Local 175/633, Applicant v. 988421 Ontario Inc. c.o.b. as East Side Mario's, Responding Party.
BEFORE: Brain Herlich, Vice-Chair, and Board Members F. B. Reaume and H. Kobryn.
DECISION OF THE BOARD; July 5, 1993
1The Board hereby directs that 988421 Ontario Inc. c.o.b. as East Side Mario's forthwith reinstate Eric Desbiens and Albert Francoeur, on an interim basis, pending the final disposition of their unfair labour practice discharge complaint Board File 1120-93-U. We do not think that it is appropriate and we decline to grant any order regarding compensation to the grievors.
2The Board further directs 988421 Ontario Inc. c.o.b. as East Side Mario's to post the notice attached as Appendix "A" in prominent places in the workplace, where it is most likely to be seen by employees interested in these proceedings.
3Reasons for this decision and direction will follow in a subsequent decision.
Appendix
The Labour Relations Act
NOTICE TO EMPLOYEES
Posted by Order of the Ontario Labour Relations Board
WE HAVE POSTED THIS NOTICE IN COMPLIANCE WITH A DIRECTION OF THE ROARS. ISSUED AFTER A HEARING IN WHICH BOTH THE COMPANY AND THE UNION HAD THE OPPORTUNITY TO MAKE SUBMISSIONS.
THE BOARD HAS ORDERED 910421 ONTARIO INC. C.O.B. AS EAST SIDE MARIOS TO REINSTATE ERIC DESBIENS AND ALBERT FRANCOEUR OR AN INTERIM BASIS UNTIL THE BOARD CONSIDERS THE REASON FOR THEIR DISCHARGE. A HEARING BEPORE THE BOARD IS SCHEDULED TO BEGIN ON JULY 15, 1993. THE PURPOSE OF THAT NEARING IS TO DETERMINE WHY ERIC DESBIENS AND ALBERT FRANCOEUR WERE DISCHARGED.
IF THE BOARD ULTIMATELY DETERMINES THAT ERIC DESBIENS AND ALBERT PRANCOEUR WERE DISCHARGED FOR MISCONDUCT AND THEIR SUPPORT FOR THE UNION HAD NOTHING TO DO WITH IT. THE TEMPORARY REINSTATEMENT ORDER WILL BE REVOKED. AND THE COMPANY WILL NO LONGER BE REQUIRED TO EMPLOY THEM.
IF THE BOARD ULTIMATELY FINDS THAT THEIR DISCHARGE OC(~URRED BECAUSE THEY WERE UNION SUPPORTERS. EXERCISING THEIR RIGHTS UNDER THE LAROUR RELATIONS ACT. THE BOARD MAY CONFIRM THEIR REINSTATEMENT. AND DIRECT THAT THEY BE COMPEHSATED FOR ALL EARNINGS AND BENEFITS LOST AS A RESULT OP THEIR DISCHARSE.
EMPLOYEES IN ONTARIO HAVE THESE RIGHT.S WHICH ARE PROTECTED BY LAWS
AN EMPLOYEE HAS THE RIGHT TO JOIN A TRADE UNION OF HIS OR HER OWN CHOICE AND TO
PARTICIPATE IN ITS LAWFUL ACTIVITIES.
AN EMPLOYEE HAS THE RIGHT TO OPPOSE A TRADE UNION. OR SUBJECT TO THE UNION SECURITY CLAUSE IN THE COLLECTIVE AGREEMENT WITH HIS OR HER EMPLOYER. REFUSE TO
JOIN A TRADE UNION.
AN EMPLOYEE HAS THE RIGHT TO CAST A SECRET BALLOT IN FAVOUR OF, OR IN OPPOSITION TO. A TRADE UNION IF THE ONTARIO LABOUR RELATIONS BOARD DIRECTS A REPRESENTATION VOTE.
AN EMPLOYEE HAS THE RIGHT NOT TO BE DISCRIMINATED AGAINST OR PENALIZED BY AN EMPLOYER OR BY A TRADE UNION BECAUSE HE OR SHE IS EXERCISING RIGHTS UNDER THE LABOUR RELATIONS ACT.
AN EMPLOYEE HAS THE RIGHT NOT TO BE PENALIZED BECAUSE HE OR SHE PARTICIPATED IN
A PROCEEDING UNDER THE LABOUR RELATIONS ACT.
AN EMPLOYEE HAS THE RIGHT TO REMAIN NEUTRAL. TO REFUSE TO SIGN DOCUMENTS
OPPOSING THE UNION OR TO REPUSE TO SIGN A UNION MEMBERSHIP CARD.
IT IS UNLAWFUL FOR EMPLOYEES TO BE FIRED OR IN ANY WAY PENALIZED FOR THE EXERCISE OF THESE RIGHTS. IF THIS HAPPENS. A COMPLAINT MAY BE FILED WITH THI ONTARIO LABOUR RELATIONS BOARD.
IT IS UNLAWFUL FOR ANYONE TO USE INTIMIOATION TO COMPEL SOMEONE ELSE TO BECOME OR REFRAIN FROM BECOMING A MEMBER OF A TRADE UNION. OR TO COMPBL SOMEONE TO REPRAIN PROM EXERCISING RIGHTS UNDER THE LABOUR RE LAT IONS ACT
988421 ONTARIO INC. COB.
AS EAST SIDE MARIO'S
PER,
(AUTHORIZED REPRESENTATIVE)
This is an official notice of the Board and must not be removed or defaced.
This notice must remain posted for 60 consecutive working days.
DATED this 5th day of July, 1993.