2336-98-R United Food and Commercial Workers International Union, Local 175, Applicant v. Delmoro Funeral Home Ltd., Responding Party.
BEFORE: Brian McLean, Vice-Chair.
DECISION OF THE BOARD; January 28, 2000
This is an application for certification.
The parties have entered into Minutes of Settlement which resolve all matters in dispute arising out of the application. The Minutes of Settlement are as follows:
In the Matter of an Application for
Certification pursuant to the
Labour Relations Act, 1995
Before the Ontario Labour Relations Board
Between:
The United Food and Commercial Workers
International Union, Local 175
(the "Union")
- and -
Delmoro Funeral Home (North York) Ltd.
Delmoro Funeral Home (Woodbridge) Ltd.
(the "Employer")
MINUTES OF SETTLEMENT
WHEREAS the Union filed an application for certification, dated October 8, 1998 (the "Application") Board File No. 2336-98-R.
AND WHEREAS the Employer and the Union entered into a status dispute regarding a number of employees.
AND WHEREAS the parties wish to resolve these matters in a conclusive manner.
NOW THEREFORE the parties hereto agree as follows:
The Union hereby withdraws Board File No. 2336-98-R.
The Employer shall pay to the Union the sum of $40,000(C) on or before February 11, 2000 by certified cheque or bank draft, for costs incurred in the advancement of the application.
The Employer shall deliver the payment detailed in para. 2 above to the Union's provincial headquarters located at 2200 Argentia Road, Mississauga, L5N 2K7.
The parties agree that the Board shall order a certification bar against the Union effective for one year from the date of these Minutes.
These Minutes constitute full and final settlement of all matters arising out of Board File No. 2336-98-R.
Dated this 28th day of January, 2000 at Toronto, Ontario.
"Malcolm MacKillop" "Kelvin Kucey"
For the Employer For the Union
- Having regard to the Minutes of Settlement, the Board:
a) grants leave of the applicant to withdraw this application. The Board will not consider another application for certification by the applicant as the bargaining agent of the employees in the bargaining unit until one year elapses from the date of the Minutes of Settlement;
b) orders the employer to pay to the union the sum of $40,000 for costs incurred in the advancement of the application.
Such payment is to be made, by certified cheque, at the applicant's provincial headquarters located at 2200 Argentia Road, Mississauga, on or before February 11, 2000.
- The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from any of the parties before the expiration of such 30-day period.
"Brian McLean"
for the Board