Ontario Labour Relations Board
File No.: 2499-99-U Date: February 28, 2000
Between: Local 2693, Industrial Wood and Allied Workers of Canada, Applicant v. Industrial Hardwood Products (1996) Ltd., Responding Party.
Before: Anthony Brown, Vice-Chair.
Decision of the Board
1This is an application pursuant to section 96 of the Labour Relations Act, 1995, alleging violation of sections 17, 70 and 73.
2The parties seek a consent order. Therefore, in accordance with the parties’ agreement dated February 24, 2000, filed, the Board makes the following declarations and orders:
(a) The Board declares that the responding party has violated sections 17, 70 and 73(1) of the Labour Relations Act, 1995 (“the Act”) by bargaining directly with employees in the bargaining unit, including by entering into written contracts of employment with certain employees, and by interfering with the applicant’s representation of employees in the bargaining unit.
(b) The Board orders that the responding party cease and desist from bargaining or attempting to bargain with individual employees in the bargaining unit and meet forthwith with the applicant to negotiate a new collective agreement in good faith.
(c) The Board orders that any written contracts of employment entered into between the responding party and any of its employees in the bargaining unit are invalid and shall be set aside and given no lawful effect subject to any lawful rights which the employees may exercise under section 80 of the Act.
(d) The Board orders that the responding party cease and desist from interfering or attempting to interfere in any way with the applicant’s representation of employees in the bargaining unit.
(e) The Board orders that the responding party post copies of this decision in conspicuous places at its plant for a 60 day period (immediately upon receiving a copy of this decision from the Board).
"Anthony Brown"
for the Board