0529-00-U Domtar Inc., Applicant v. Local 2995 I.W.A. Canada, Local 1-2995, I.W.A. Canada, Damien Roy, Roland Laurin, Lucien Boucher, Desmond Larocque, Tony Matuissi and Maurice Demers, Responding Parties.
BEFORE: Caroline Rowan, Vice‑Chair.
APPEARANCES: Michael Hines for the applicant; James Fyshe for the responding parties.
DECISION OF THE BOARD; May 18, 2000
This is an application under section 100 of the Labour Relations Act, 1995 (the “Act”) filed by Domtar Inc. (the “employer”) regarding an alleged unlawful strike at its Timmins facility. In its application, the employer contends that employees and union officials from the employer’s Chapleau facility, where there is an ongoing lawful strike, commenced picketing at its Timmins facility, thereby causing an unlawful strike at the Timmins facility. The employer seeks a declaration that this strike and picketing activity are unlawful, as well as a direction prohibiting that unlawful conduct.
The responding parties contests the application. They have, however, requested an adjournment of this proceeding. Having regard to the agreement of the parties dated May 18, 2000, the adjournment is hereby granted on the following terms:
the matter shall be adjourned and re-scheduled on a date established after consultation with counsel;
there shall be no picketing by any member of Local 2995 of any Domtar Mill in Ontario that could be construed as being in relation to the labour dispute at the Chapleau Mill (except for at the Chapleau Mill itself) until the completion of the hearing of this application and the rendering of a decision by the Board;
the individual respondents undertake not to counsel, procure, support or encourage any picketing of the kind referred to in paragraph 2, above, for the period of time mentioned therein;
this Order on Consent is without prejudice to the position of any of the parties on the merits of this application or the legality of any picketing at the Chapleau Mill;
the union consents to the communication of this decision by the company to its members.
This matter is referred to the Registrar.
“Caroline Rowan”
for the Board