1884-99-R Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Cortina Kitchens Inc., Responding Party.
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; June 6, 2000
This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the “Act”).
Prior to the scheduled hearing on May 29, 2000 the parties met and entered into Minutes of Settlement. Those settlement read as follows:
Minutes of Settlement
Between:
Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America
(the “Union”)
and
Cortina Kitchens Inc.
(the “Company”)
In the matter of an application for certification and unfair labour practice allegations filed by the Union against the Company as contained in Ontario Labour Relations Board File No. 1884-99-R (the “Application and Complaint”);
Without admission of liability on the part of either the Union or the Company, the Union and the Company agree to settle the Application and Complaint on the following bases;
The parties agree to a new Ontario Labour Relations Board (the “Board”) supervised secret ballot representation vote to be held in accordance with the Board’s usual practice.
The Company and the Union agree that the following individuals will be eligible to vote in the new representation vote as aforesaid, and will be the only individuals so eligible:
(1) Bob Barnes
(2) Toma Bassam
(3) Luis Gonzales
(4) Ishak Nashwan
(5) Francis Sekyere
(6) Peter Skoulos
(7) Larry Bogaert
(8) Mikhail Polyvka
(9) Mike Mefsud
(10)Lorran Wells
(11)Swinton Clarke
(12)Jim De Melo
(13)John Muthaliff
(subject to spelling confirmation)
- If the majority of the ballots cast in the said new representation vote are in favour of the Unin, the parties agree that the Union will be certified for a bargaining unit described as follows:
“All carpenters and carpenters’ apprentices in the employ of Cortina Kitchens Inc. in all sectors of the construction industry in the Province of Ontario, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.”
If the majority of the ballots cast in the said new representation vote are opposed to the Union, or if the number of ballots cast in the said new representation vote that are in favour of the Union equals the number of ballots cast that are opposed to the Union, the Company and the Union agree that this Application and Complaint will be dismissed, with the Board’s usual rules with respect to limitations on future applications for certification applicable.
The parties agree that the new representation vote will be held on June 22, 2000, between the hours of 6:30 a.m. and 8:00 a.m. at the Company’s premises at 70 Regina Road, Woodbridge in the front of the Showroom area. The rules with respect to the secret ballot, scrutineers, and question on the ballot will be as set out in the Notice of Vote and of Meeting dated October 5, 1999 in Board File 1884-99-R.
The Company agrees that it will direct all of its present active employees to attend a mandatory meeting with Union representatives at 7:30 p.m. on Tuesday, June 20, 2000 at the Union’s hall at 64 Signet Drive, Toronto, Ontario, and will direct them to remain at this meeting for a minimum of one hour, the present active employees being Gonzales, Bogaert, Polyvka, Mefsuo, Wells, Clarke, Bassam, Nashwan and Sekyere.
The Company agrees to forward to the Union, by fax care of its Solicitors, fax # 416-226-0910, and to Attention of Butch Biso at #416-749-5466, the home phone number it has on file for any of the eligible voters set out in paragraph 2 hereof, on or before close of business, Wednesday, May 31, 2000.
The Company agrees that it will pay to the Union the sum of $3,000.00 dollars as damages less deductions (if any) required by law, forthwith, and in any event on or before 5:00 o’clock p.m. June 9, 2000. It is specifically understood and agreed that this payment is made entirely without prejudice and without admission of liability on the part of the Company.
The parties agree that the ballots cast in the representation vote held on October 7, 1999 will not be counted and will be destroyed.
The Union agrees that all unfair labour practice and section 11 allegations made with respect to the Company’s conduct on or before the date hereof are withdrawn, and will not be referred to or in any way relied on in any future case or proceeding of any kind, except in connection with the enforcement of this settlement.
The parties agree that the foregoing terms are in full and complete settlement of the Application and Complaint and acknowledge that they have been approved by the Board.
Dated at Toronto this 29th day of May, 2000
For the Union For the Company
(“John P. DeLuca”) (“Illegible Signature”)
Having regard to the parties’ Minutes of Settlement set out above, the Board hereby:
directs the ballots cast in the representation vote held October 7, 1999 will be destroyed without counting the ballots;
orders a second representation vote to be conducted as agreed to by the parties. This vote will be held on June 22, 2000, between the hours of 6:30 a.m. and 8:00 a.m. at the company’s premises at 70 Regina Road, Woodbridge in the front of the showroom area;
directs the company to pay to the applicant the sum of $3,000.00 as damages less deductions (if any) on or before June 9,2000;
declares pursuant to the parties’ agreement and section 128(1) of the Act the following constitutes a unit of employees of the responding party appropriate for collective bargaining: “all carpenters and carpenters’ apprentices in the employ of Cortina Kitchens Inc. in all sectors of the construction industry in the Province of Ontario, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman”;
declares the persons listed in paragraph 2 of the minutes of settlement will be eligible to vote in the above voting constituency;
directs the responding party to comply with paragraphs six and seven of the minutes of settlement;
declares the unfair labour practice and section 11 allegations are hereby withdrawn;
The responding party is directed to post copies of this decision next to the application for certification and Notice to Employees of Application and of Vote.
The eligible voters listed in paragraph 2 of the minutes of settlement will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
This matter is referred to the Registrar for the conduct of the vote.
“Inge M. Stamp”
for the Board