3364-99-R International Brotherhood of Electrical Workers, Local 353, Applicant v. Brothers & Wright Electrical Services Inc. and/or Data Connect Systems Group Inc., Responding Parties.
3422-99-R International Brotherhood of Electrical Workers, Local 353, Applicant v. Brothers & Wright Electrical Services Inc. and/or Data Connect Systems Group Inc., Responding Parties.
3531-99-U International Brotherhood of Electrical Workers, Local 353, Applicant v. Brothers & Wright Electrical Services Inc. and/or Data Connect Systems Group Inc., Responding Parties.
BEFORE: John Morgan Lewis, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; April 18, 2000
1Board File No. 3364-99-R is an application for certification, which was filed on February 16, 2000. Board File No. 3422-99-R is an application under section 69 and subsection 1(4) of the Labour Relations Act, 1995 (the “Act”) which was filed by the applicant on February 21, 2000. The applicant also filed an application under section 96 of the Act on March 1, 2000, which was assigned Board File No. 3531-99-U.
2The parties have entered into Minutes of Settlement, which disposes of all three matters. The Minutes of Settlement provide as follows:
OLRB File Nos. 3364-99-R
3531-99-U 3422-99-R
Between:
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 353
Applicant
- and –
BROTHERS & WRIGHT ELECTRICAL SERVICES INC. and/or DATA CONNECT SYSTEMS GROUP INC.
Responding Parties
MINUTES OF SETTLEMENT AND CONSENT ORDER
WHEREAS the Applicant filed an application for certification on February 16, 2000 (Board File No. 3364-99-R);
AND WHEREAS the Applicant filed an application under Section 1(4) of the Labour Relations Act 1995 (the “Act”) on February 21, 2000 (Board File No. 3422-99-R);
AND WHEREAS the Applicant filed an Application under Section 96 of the Act on March 1, 2000 (Board File No. 3531-99-U);
AND WHEREAS the Applicant and the Responding Parties have met and, with the assistance of a Labour Relations Officer, have reached an agreement as to all outstanding issues with respect to the three above-listed applications;
NOW THEREFORE the Applicant and the Responding Parties each agree with the others, as follows:
The Parties agree to all facts as set out in the Certification Worksheet dated March 31, 2000.
The Parties request that the Board count the ballots cast by the employees who are agreed are eligible to vote, and make its determination of the application for certification based on the results of the vote.
The Parties agree to request that, in the event that the Applicant is certified by the Board, as bargaining agent, the Board issue a declaration under section 1(4) that the Responding Parties are related employers under common direction and control.
The Responding Parties agree that in the event that the Applicant is certified by the Board, the Responding Parties shall become bound to the Principal Agreement between the Electrical Trade Bargaining Agency of the Electrical Contractors’ Association of Ontario and the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario (the “Principal Agreement”).
The Parties agree that the Responding Parties shall not be required to implement the provisions of the Principal Agreement prior to July 10, 2000, but on July 10, 2000 the Responding Parties shall implement the Principal Agreement in its entirety.
In the event that the Applicant is certified, the Applicant agrees to grant the Responding Parties a Stabilization Fund Subsidy of $130,000.00 for the Creditstone Distribution Centre Project in the event that the Responding Parties are successful in obtaining the Creditstone Distribution Centre contract.
In the event that the Applicant is certified, the Applicant agrees that it will grant to the Responding Parties, the Stabilization Fund Subsidy established by the Applicant for the Spintex Yams job in Scarborough in the event that the Responding Parties are awarded this contract. This subsidy will not be less than $10.00 per hour.
In the event that the Applicant is certified, the Applicant agrees to accept as members the employees of the Responding Parties as at February 24, 2000.
The applicant withdraws its application under section 96 of the Act without prejudice or precedent to any future proceedings between the parties, except as noted in this agreement.
The parties agree that nothing in these Minutes shall be construed as any admission of liability on the part of the Responding Parties, and such liability is expressly denied. The Applicant agrees that it shall not rely upon any of its allegations of material fact filed in its application pursuant to s.96 (3531-99-U) in support of any other proceeding.
The parties agree that these Minutes are full and final settlement of all disputes or claims between them arising up and until the date of these Minutes.
The Parties agree that these Minutes of Settlement are enforceable either through the grievance and arbitration provisions of the Principal Agreement (and Section 133 of the Labour Relations Act) or pursuant to Section 96(7) of the Act.
Dated at Toronto this 31^st^ day of March, 2000.
Larry Venning
“Larry Venning” . “Robert N. Smith” .
International Brotherhood Brothers & Wright Electrical Of Electrical Workers, Services Inc. Local 353 Robert N. Smith
“Robert N. Smith” .
Data Connect Systems Group Inc. Robert N. Smith
3In accordance with paragraph 2 of the Minutes of Settlement, the ballot box was opened and a Labour Relations Officer counted the ballots cast in the representation vote held on February 24, 2000.
4No statement of desire to make representations has been filed with the Board within the time fixed under Rule 62 of the Board's Rules of Procedure following the taking of the representation vote pursuant to the Board's direction of February 22, 2000.
5In its decision of February 22, 2000, the Board found the following bargaining unit to be appropriate for collective bargaining:
all electricians and electricians’ apprentices in the employ of Brothers & Wright Electrical Services Inc. and/or Data Connect Systems Group Inc. in the