3974-99-R National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Applicant v. Sexual Assault Crisis Centre (Kingston) Inc., Responding Party v. Service Employees International Union, Local 663, Intervenor.
1225-00-U Service Employees International Union, Local 663, Applicant v. Sexual Assault Crisis Centre (Kingston) Inc. and National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Responding Parties.
BEFORE: Bram Herlich, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; August 10, 2000
- On the day scheduled for hearing in Board File 3974-99-R, an application for certification, the parties executed the following Minutes of Settlement:
Minutes of Settlement
National Automobile, Aerospace, Transportation and General Workers’ Union of Canada
(C.A.W.-Canada)
and
Sexual Assault Crisis Centre Kingston Inc.
(“employer” or “SACCK”)
and
S.E.I.U. Local 663 and its successors or assigns
Minutes of Settlement
Whereas the C.A.W.-Canada has made an application for certification given OLRB File No. 3974-99-R.
Whereas the SEIU Local 663 has intervened in the said application and has filed an unfair labour practice complaint as against the CAW Canada which has not yet been assigned a Board File. No. [Board File 1225-00-U].
Whereas the parties wish to resolve their differences in a productive and practical way which benefits the affected employees
It is agreed as follows, and the parties agree and request that this agreement be incorporated into a decision of the O.L.R.B.:
The parties agree that a collective agreement made effective February 15, 2000 with an expiry date of March 31, 2001 subsists as between S.E.I.U. Local 663 and the employer and that the said agreement consists of the collective agreement filed with the OLRB in Board File No. 3974-99-R by the intervenor SEIU Local 663. A representative of the employer shall sign the agreement forthwith.
The employer and SEIU Local 663 agree to implement the agreement retroactively that is, effective from February 15, 2000, and inter alia the employer will provide forthwith all outstanding benefits, improvements, compensation, etc. called for by the agreement to the affected employees.
Notwithstanding paragraph 2 above, union dues deduction, pursuant to article 202(a) will commence only after the date of this document indicated below. Therefore article 202(a) of the agreement will only operate after the date specified below.
The SEIU Local 663 and the employer recognize they have a dispute as to the application, interpretation and or administration of the second paragraph of article 1.01 of the collective agreement. This dispute shall be referred to the grievance procedure as a policy grievance under article 7.04, and each party signs this agreement without prejudice to their respective position regarding this dispute.
The SEIU Local 663 and its successors or assigns, including SEIU Local 204 agree that it/they will not oppose in any way, any application for certification made by the CAW-Canada in the next statutory open period in connection with the bargaining unit defined in the collective agreement referred to in paragraph 1 above, or any other appropriate bargaining unit of the employer.
The SEIU Local 663 and its successors or assigns, including SEIU Local 204 shall withdraw the unfair labour practice complaint filed in connection with the CAW – Canada and SACCK dated July 25, 2000 and further shall withdraw the allegations of misconduct made against the CAW – Canada and Ms. Warner in correspondence from its counsel to the OLRB dated July 25, 2000 in OLRB File No. 3974-99-R. The SEIU Local 663 and or its successors or assigns shall not rely on the allegations found in the undated unfair labour practice or correspondence referred to above in any further proceedings.
The CAW Canada agrees to withdraw its application for certification in OLRB File No 3974-99-R and any allegations contained therein including the particulars set out in its correspondence of July 21, 2000. The CAW Canada agrees not to rely on the allegations found in the application and particulars referred to above in any further proceedings, before the Labour Relations Board with respect to Mr. Thayer and the SEIU, in relation to section 74 of the OLRA. The parties agree that without restricting the generality of paragraph five herein, no request for a bar to any further application for certification by the CAW-Canada during the statutory open period shall be made by the employer or the SEIU Local 663 or its successors and/or assigns. The SEIU Local 663 and its successors or assigns and SACCK agree to the withdrawal of the application for certification and do not seek a dismissal of same.
This settlement is made without any admission of liability on the part of any party to this agreement and further is made without prejudice or precedent to any other outstanding proceedings as between the CAW-Canada and is Local Unions and the SEIU and its Local Unions.
Dated at Toronto this 3rd day of August 2000
“Lewis Gottheil”
Counsel
For the CAW Canada
“Garry Thayer”
For the SEIU Local 663
And its successors or assigns
“Maureen Addie
For the employer
SACCK
- Having regard to the agreement of the parties, the application for certification in Board File 3974-99-R and the complaint under section 96 (File
1225-00-U) are each hereby withdrawn by leave of the Board.
“Bram Herlich”
for the Board