Parties
1887-98-U University of Western Ontario Staff Association, Applicant v. University of Western Ontario, Ivey Management Services (“IMS”), Richard Ivey School of Business Foundation (“RISBF”), Dolce International (London) Inc., Spencer Hall Foundation, Responding Parties.
1888-98-R University of Western Ontario Staff Association, Applicant v. University of Western Ontario, Ivey Management Services (“IMS”), Richard Ivey School of Business Foundation (“RISBF”), Dolce International (London) Inc., Spencer Hall Foundation, Foundation Western (“Foundation Western”), The University of Western Foundation Inc. (“UWO Foundation”), The University of Western Ontario Research and Development Park, Windermere Manor Ltd., The Siebens-Drake Research Institute, London Museum of Archaeology, London and Middlesex Heritage Museum, Lawson-Jury Heritage Foundation, Platt’s Lane Estates Inc., and The John P. Robarts Research Institute, Responding Parties.
BEFORE: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD; February 2, 2000
Decision
- Board File No. 1887-98-U is an application under section 96 of the Labour Relations Act, 1995 (the “Act”). Board File No. 1888-98-R is an application under sections 69 and 1(4) of the Act. Prior to the hearing of these matters, the parties entered a Memorandum of Agreement as follows:
MEMORANDUM OF AGREEMENT
OLRB File No. 1888-98-R
BETWEEN:
University Of Western Ontario Staff Association
Applicant
- and –
The University Of Western Ontario (“the UWO”), Ivey Management Services Incorporated, Richard Ivey School Of Business Foundation Inc., Dolce International (London) Inc., Spencer Hall Foundation Inc., Foundation Western Incorporated, The University Of Western Ontario Foundation Inc., The University Of Western Ontario Research And Development Park Incorporated, Windermere Manor Ltd., Siebens Drake Research Institute Inc., London Museum Of Archaeology Incorporated, London And Middlesex Heritage Museum Inc., Lawson-Jury Heritage Foundation, Platt’s Lane Estates Inc., and The John Robarts Research Institute Inc.
Respondents
AND
OLRB File No.: 1887-98-U
BETWEEN:
The University Of Western Ontario, Ivey Management Services Incorporated, Richard Ivey School Of Business Foundation Inc., Dolce International (London) Inc., Spencer Hall Foundation Inc.
Respondents
WHEREAS the University of Western Ontario Staff Association (“UWOSA”) has filed applications 1887-98-R and 1888-98-R before the Ontario Labour Relations Board (“the OLRB”);
AND WHEREAS UWOSA and the Respondents to those applications wish to enter into this settlement rather than proceed to the litigation of the above applications at this time;
NOW THEREFORE UWOSA and the Respondents HEREBY AGREE AS FOLLOWS:
OLRB applications 1887-98-U and 1888-98-R (“the applications”) are hereby adjourned for the term of the current collective agreement between UWOSA and the UWO, including any period that this collective agreement may remain in effect due to the terms of the Labour Relations Act, at which point they will be deemed to be withdrawn on a without prejudice basis.
If during the period during which the applications are adjourned pursuant to paragraph 1, the UWO transfers work normally performed by current employees in the UWOSA bargaining unit to any of the other Responding Parties which directly results in the layoff of any such employee, then UWOSA may notify the OLRB and the applications will then be heard by that Board but only as regards the UWO and the Responding Party or Parties who are the recipients of the transferred work.
In the next round of UWOSA-UWO collective bargaining, the UWO agrees in accordance with section 17 of the Labour Relations Act to bargain in good faith with a view to reaching an agreement on the issue of transferring work out of the bargaining unit. The UWO and UWOSA agree that this is a proper issue for collective bargaining.
With regard to paragraph 2, the UWO agrees to notify UWOSA in the event it intends to transfer work to any of the Respondents, during the term of the current collective agreement, including any period that collective agreement remains in effect due to the terms of the Labour Relations Act.
The Respondents shall pay the UWOSA $10,000 on account of its legal fees in this matter.
a. The Responding Party, Ivey Management Services, affirms that its employees as of the date of the signing of these Minutes of Settlement are those as listed in Appendix “A”, which list shall set out their names and position.
b. The Responding Party, Dolce International (London) Inc., affirms that the positions utilized within its organizations as of the date of the signing of these Minutes of Settlement are those a listed in Appendix “B”, which list shall set out the positions and number of employees in those positions.
- Nothing in this agreement shall be deemed to limit UWOSA’s right to file another section 1(4)/69 application responding the Respondents, after the period of time set out in paragraph one (1) expires. Further it is agreed that the delay caused by this adjournment of the applications is without prejudice to the UWOSA or any of the Responding Parties.
DATED AT TORONTO, ONTARIO THIS 18th DAY OF JANUARY, 2000.
“Susan Desmond” “Peter Mercer”
UWOSA UWO
“Chris White” “Chris White”
Ivey Management Services Richard Ivey School of
Of counsel Business Foundation Of
Counsel
“L. DaSilva” “David Brown”
Dolce International Windermere Manor Ltd.
(London) Inc.
“David Brown” “D.R. Atkinson”
University of Western The John Robarts Research
Ontario Research Park Inc. Institute
“Lorraine Por” “A. Little”
Foundation Western London Museum of
Incorporated Archaeology
“A. Little” “A. Little”
London and Middlesex Spencer Hall Foundation
Heritage Museum Inc.
“APPENDIX A”
Whyte, Wendy Executive Director
Brooks, Stephanie Marketing Manager
Kennedy, Kara Admin. Assist.
Morgado, Alison Program Manager
Okojie, Ann-Marie Program Manager
Kapoor, Tenaz Program Manager
Leong-Sit, Gloria Client Relations Manager
Wright, Andrew Client Relations Manager
Wilson, Elizabeth Program Manager
MacAdam, Andrew Accts. Pay Clerk
Hennessy, Jennifer Accts. Rec. Clerk
Gallant, Lynn Accts. Rec. Clerk
Kearney, Frank Director
Bidner, Joan Course Matls. Coord.
Girden, C. Kathy Course Matls. Coord.
Koenig, Shirley Customer Service Coord.
Brown Kelly Product Admin. Coord.
Saunders, Peggy Ann Case Conversion Tech.
Kusyk, Sophia Inside Sales Represent.
Lam, Jason Sales Representative
Pokropek, Barb Mgr. Executive Programs
Gregson, Sheryl Manager
Note: This list does not include employees outside London, Ontario (e.g. Toronto, Hong Kong etc.)
APPENDIX “B”
General Manager 1
Controller 1
Sales Manager 1
Conference Managers 2
Night Audit 3
Night Porter 1
Accounting 2
Technology Services 2
Front Desk Supervisor 1
Front Desk Staff 5
Conference Services Supervisor 1
Conference Services Rep. 4
Human Resources Mgr. 1
Bar Servers 2
Assistant Conference Supervisor 1
The Board hereby makes the consent orders requested in the above Memorandum of Agreement.
These applications are hereby adjourned according to the terms of paragraph 1 of the Memorandum of Agreement above.
“Laura Trachuk”
for the Board