2746-96-ES The CAW and its Locals 303 and 252 (on behalf of a number of retiree-claimants), Applicant v. General Motors of Canada Ltd. and Ministry of Labour, Responding Parties.
BEFORE: R. O. MacDowell, Adjudicator/Referee.
DECISION: February 7, 2000
This is an application for review of the decision of an Employment Standards Officer, who concluded that certain employees, displaced by a plant closure, were not entitled to additional severance/termination pay. The application is brought by the CAW on behalf of certain members (or former members) who worked at that plant.
The details of the case need not be set out here. It suffices to say that the union asserts that these members (or some of them) are entitled to additional monies, and General Motors has contested that claim. General Motors asserts that there are a number of reasons why the individuals were properly paid – including offers of alternative work and various agreements with the union itself – and that no further monies are owing.
Certain preliminary matters were addressed in a decision dated August 24, 1998, subsequently reviewed by the Divisional Court. However, the matter was not scheduled for further hearing because counsel advised that the “institutional parties” were pursuing settlement discussions. By letter dated December 6, 1999, counsel for the CAW wrote as follows:
Dear Mr. Parker:
A memorandum of settlement has been made by the employer and the union on behalf of the claimants with respect to the above captioned matter. The settlement contemplates that upon the performance of certain events, the union will seek leave to withdraw its [Employment Standards Act] appeal. The O.L.R.B should not take any steps to schedule a hearing. We believe that the process of resolving this matter will unfold in conformity with our settlement, and we will be in contact shortly.
Yours truly,
“Lewis Gottheil”
LEWIS GOTTHEIL
Counsel, CAW-Canada
- By letter dated January 10, 2000, counsel for the applicant/claimants advised the Board that the parties had indeed resolved the matters in dispute between them. He wrote as follows:
Dear Sir:
I am counsel to the applicants/claimants in this matter. Further to our recent correspondence to your office in this matter, I write to respectfully request leave of the Ontario Labour Relations Board, and the adjudicator, to withdraw my client’s application for a Review of an order of an ESO, in this matter.
I trust this is satisfactory, and remain available to respond to any supplementary questions with respect to the above.
Thank you for your assistance throughout.
Yours truly,
“Lewis Gottheil”
LEWIS GOTTHEIL
Counsel, CAW-Canada
- Having regard to the foregoing, this proceeding is terminated.
“R. O. MacDowell”
Adjudicator/Referee