Natrel Inc. v. Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local 647, 2000 CanLII 12675

Natrel Inc. v. Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local 647

Board File No.: 0346-00-U Date: May 5, 2000 Ontario Labour Relations Board

Before: Christopher J. Albertyn, Vice-Chair

Appearances: John Mastoras, Sebastian Calvo, Michael Horvat and Doug Little for the applicant Mike McCreary, Gerry Cadeau, Angie Torti, Aldo Ascoine, Robert Cowie and Peter Doidge for the responding parties

DECISION OF THE BOARD

1. This is an application pursuant to the provisions of section 100 of the Labour Relations Act, 1995, S.O. 1995, c.1 ("the Act") in which the applicant claims that the responding parties are engaged in an unlawful strike.

2. The parties have concluded a Memorandum of Settlement in the following terms:

Board File No. 0346-00-U

MEMORANDUM OF SETTLEMENT

Between:

Natrel Inc.

("Natrel")

• and -

Milk and Bread Drivers, Dairy Employees, Caterers

and Allied Employees, Local 647, affiliated with

the International Brotherhood of Teamsters

• and -

Art Morley, Gerry Cadeau, Angie Torti, Martin Cerqua,

Aldo Ascione, Robert Cowie and Peter Doidge

(the "Responding Parties")

WHEREAS on March 2, 2000 [sic], Natrel filed an application to the Ontario Labour Relations Board (the "Board") pursuant to Section 100 of the Ontario Labour Relations Act 1995 (the "Act") against the Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local 647, affiliated with the International Brotherhood of Teamsters (the "Union") and against the Union's President, Gerry Cadeau, Business Representative, Art Morley, Secretary Treasurer, Angie Torti, various Union officials from the Don Mills plant, namely, Aldo Ascione, Robert Cowie and Peter Doidge and from the London plant, namely, Martin Cerqua;

AND WHEREAS Natrel alleged in the Application an unlawful strike at its Don Mills plant;

AND WHEREAS Natrel and the Responding Parties (the "Parties") are desirous of fully and finally resolving the Application;

NOW THEREFORE it is agreed as follows:

1. Any work refusal or slowdown or other concerted activity contrary to the Act is recognized as unlawful.

2. If there is a work refusal or slowdown or other activity contrary to the Act, the union and representatives of the union with proper authority, including stewards, will take immediate steps to attempt to bring such activity to an end.

3. The proceedings pertaining to the application are terminated. However, should Natrel have any further allegations of unlawful strike activity the responding parties hereby consent to such allegations being heard by the Board upon 24 hours' notice of particulars to counsel for the responding parties, Jesin, Watson & McCreary, and to the Board.

4. The responding parties will not prevent access to and from the Don Mills Facility during the London lockout such that it results in any unlawful strike or other unlawful picket line activity.

5. Natrel will not file or pursue any grievance arising from the activities of May 2, 2000 at the Don Mills facility.

DATED at Toronto this 3rd day of May, 2000.

("Sebastian Calvo")

("Doug Little")

Natrel Inc.

("G. Cadeau")

Milk and Bread Drivers, Dairy

Employees, Caterers and Allied

Employees, Local 647, affiliated with

the International Brotherhood of Teamsters

("G. Cadeau for A. Morley") ("G. Cadeau")

Art Morley Gerry Cadeau

("A. Torti") ("Martin Cerqua")

Angie Torti Martin Cerqua

("Aldo Ascione") ("Robert Cowie")

Aldo Ascione Robert Cowie

("Peter Doidge")

Peter Doidge

3. By consent, the proceedings are terminated.

"Christopher J. Albertyn"

for the Board