0277-00-FC Teamsters Local Union 938, Applicant v. Burnham Canada Limited, Responding Party.
0256-00-R Errol Smith, Applicant v. Teamsters Local Union 938, Responding Party v. Burnham (Canada) Ltd., Intervenor.
0316-00-U Teamsters Local Union 938, Applicant v. Burnham Canada Ltd., and Errol Smith, Responding Parties.
0498-00-U Burnham (Canada) Ltd., Applicant v. Teamsters Local Union 938, Responding Party.
BEFORE: Brian McLean, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; May 16, 2000
This is an application for first contract arbitration (File 0277-00-FC), an application for termination of bargaining rights (File 0256-00-R) and two unfair labour practice complaints (Files 0316-00-U and 0498-00-U).
The parties have entered into Minutes of Settlement in resolution of all of these disputes as follows:
ONTARIO LABOUR RELATIONS BOARD
File Nos. 0277-00-FC 1
0256-00-R 2
0316-00-U 3
0498-00-U 4
Between:
Errol Smith
Applicant 2
- and -
Teamsters Local Union 938
Applicant 1, 3
Respondent 4, 2
- and -
Burnham (Canada) Ltd.
Applicant 4
Respondent 1, 3
Intervenor 2
Minutes of Settlement
The parties hereto have resolved these matters and the full and final settlement is as follows:
This is on no admission of liability of any parties, without prejudice or precedent basis.
There will be a Board ordered and Board supervised vote as per the attached Vote Arrangements and Voters List and as per the Board’s normal procedures and policies and as per “Special Ballot”.
The parties recognize that the employees may receive official short notice and thus agree that the attached “Pre Vote Notice” be posted in the workplace (typed by Borden Ladner Gervais LLP on non letterheaded) on Tuesday May 16.00 (copies to LRO & other parties).
a) If the Vote Results (as per para. (1) above) are such that the majority of the ballots cast vote “No”, the union’s bargaining rights are terminated as per the termination application (0256-00-R) and all other matters (0277-00-FC; 0316-00-U; 0498-00-U) are withdrawn.
b) Otherwise (the vote results in a tie or the majority of the ballots cast vote “Yes”), the union retains bargaining rights and the parties agree that the first contract is to be arbitrated as per the application for first contract arb. (0277-00-FC) and all other matters (0316-00-U, 0498‑00‑U, 0277-00-FC) are withdrawn and the termination application (0256-00-R) is dismissed.
The parties request the Board make the necessary declarations and orders as per above.
This is enforceable under the Labour Relations Act.
Based on the above, the Hearings scheduled in this matter
for May 16, 17, 18, 2000 are hereby cancelled.
Dated at Toronto this 15th day of May, 2000.
“Errol Smith”
Errol Smith
“Robert McAulay”
Teamsters Local Union 938
Robert (Bud) McAulay
“Dave Campbell”
Burnham (Canada) Ltd.
Dave Campbell
ONTARIO LABOUR RELATIONS BOARD
PRE VOTE NOTICE
This is to notify the employees of Burnham (Canada) Ltd. that there will be a vote on Thursday May 18, 2000 in the Lunchroom at 6625 Millcreek Drive, Mississauga. The polls will be opened 6:00 am – 7:30 am and 5:30 pm – 6:30 pm. The official notice will be posted as soon as possible.
Employees will be asked to vote on the following question:
In your employment relations with your employer do you wish to be represented by the union?
If you vote yes, a neutral third party, (an Arbitrator) will be deciding your first contract.
If you vote no, you do not wish to be represented by the union.
Authorized Posting by Ontario Labour Relations Board
Not to be removed for 10 days or defaced
“Errol Smith” 5/15/00
“Bud McAulay” 5/15/00
“Helen Amanatidis” 5/15/00
[Copy of special ballot is attached.]
Having regard to the agreement of the parties and in the unique circumstances of this application, the Board hereby makes those orders necessary to give effect to the agreement of the parties.
For greater certainty, the Board hereby directs that a representation vote be taken of the individuals whose names are set out on the voters’ list which is attached to this decision.
The vote will be held on May 18, 2000. Other vote arrangements, except as agreed to by the parties in their Settlement, will be determined by the Registrar.
Voters will be asked to indicate whether or not they wish to be represented by Teamsters Local Union 938 in their employment relations with the employer. The ballot will also state, in accordance with the agreement of the parties: “If you vote Yes, a neutral third party (an Arbitrator) will be deciding your first contract. If you vote No, you do not wish to be represented by the union”.
The employer is directed to post copies of this decision in a place where they will come to the attention of the employees. The decision must remain posted for 30 days.
“Brian McLean”
for the Board
NOTICE TO EMPLOYEES
Posted by order of the Ontario Labour Relations Board
THIS IS TO NOTIFY THE EMPLOYEES OF BURNHAM (CANADA) LTD. THAT THERE WILL BE A VOTE ON THURSDAY, MAY 18, 2000 IN THE LUNCHROOM AT 6625 MILLCREEK DRIVE, MISSISSAUGA. THE POLLS WILL BE OPENED 6:00 AM –7:30 AM AND 5:30 PM – 6:30 PM.
EMPLOYEES WILL BE ASKED TO VOTE ON THE FOLLOWING QUESTION:
IN YOUR EMPLOYMENT RELATIONS WITH YOUR EMPLOYER DO YOU WISH TO BE REPRESENTED BY THE UNION?
IF YOU VOTE YES, A NEUTRAL THIRD PARTY (AN ARBITRATOR) WILL BE DECIDING YOUR FIRST CONTRACT.
IF YOU VOTE NO, YOU DO NOT WISH TO BE REPRESENTED BY THE UNION.