0900-00-U; 1062-00-U International Brotherhood of Electrical Workers, Local 586, Applicant v. KW Electric, Klaus Willroider and Mark Carr, Responding Parties.
BEFORE: Brian McLean, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; August 11, 2000
[1]. These are applications under section 96 of the Labour Relations Act, 1995 (“the Act”). The style of cause is hereby amended to reflect the correct names of the responding parties: “KW Electric, Klaus Willroider and Mark Carr”.
[2]. The parties have entered into Minutes of Settlement of their differences as follows:
Board File Nos. 0900-00-U
1062-00-U
International Brotherhood of Electrical Workers,
Local 586
Applicant
- and -
KW Contracting, Klaus Willroiden & Mark Carr
Responding Parties
Whereas the applicant has filed an unfair labour practice and an application for consent to institute prosecution.
And whereas the proper names of the responding parties is KW Electric, Klaus Willroider and Mark Carr.
And whereas both the applicant and responding parties wish to resolve all differences between them and all matters raised or that could have been raised in the within proceedings.
Therefore the parties agree as follows:
KW Electric shall pay the sum of $1,600.00* within two weeks of today’s date, payable to John Bourke, and delivered to the offices of the union’s solicitors. (*Less applicable statutory deductions).
KW Electric shall post at its premises, and will include a copy of the notice with the employees’ regular pay, for 30 days, of the Board’s form of notice to employees of employee rights under the Act. KW Electric shall provide access, once in the 30 days of the posting, upon 24 hours notice, to an IBEW representative to confirm the posting in compliance with the settlement. The 30 days runs from the first day of posting.
The within matters are to be adjourned sine die, and following the payment in paragraph 1 in compliance with the 30-day posting period, the applicant shall seek leave of the Board to withdraw the within applications.
This settlement is made in accordance with and pursuant to 96(7) of the Act.
Dated at Ottawa, August 1, 2000.08.11
“Klaus Willroider” “Klaus Willroider”
For the Employer K. Willroider
K.W. Electric
“Mark Carr”
Mark Carr
“Andre Kingsley”
For the Applicant
[3]. Having regard to the agreement of the parties, these matters are adjourned sine die.
[4]. The Board directs K.W. Electric to post at its premises for 30 days, and to include with the employees’ regular pay, a copy of the attached “Notice to Employees”.
[5]. The Board makes such of the directions and orders as are necessary to give full effect to the settlement between the parties.
“Brian McLean”
for the Board
The Labour Relations Act, 1995
NOTICE TO EMPLOYEES
Posted by order of the Ontario Labour Relations Board
Employees in Ontario have these rights which are protected by law:
An employee has the right to join a trade union of his or her own choice and to participate in its lawful activities.
An employee has the right to oppose a trade union, or subject to the union security clause in the collective agreement with his or her employer, refuse to join a trade union.
An employee has the right to cast a secret ballot in favour of, or in opposition to, a trade union if the Ontario Labour Relations Board directs a representation vote.
An employee has the right not to be discriminated against or penalized by an employer or by a trade union because he or she is exercising rights under the Labour Relations Act, 1995.
An employee has the right not to be penalized because he or she participated in a proceeding under the Labour Relations Act, 1995.
An employee has the right to remain neutral, to refuse to sign documents opposing the union or to refuse to sign a union membership card.
It is unlawful for employees to be fired or in any way penalized for the exercise of these rights. If this happens, a complaint may be filed with the Ontario Labour Relations Board.
It is unlawful for anyone to use intimidation to compel someone else to become or refrain from becoming a member of a trade union, or to compel someone to refrain from exercising rights under the Labour Relations Act, 1995.