Ontario Labour Relations Board
File No.: 0479-00-U Date: November 29, 2000
Between:
Lucie E. Arcand, Louise Boyd, Brenda Cavanaugh, Teresa Cloutier, Michael Cecile, Jocelyne des Rivieres, Elizabeth Ford Robicheau, Carole Fortier, Anne Gauthier, Richard Kierans, Renee Leger, Heather MacKinnon, Ed Marinoff, Paule Mercier, Ginette Piffard, Shelley Robinson-Foley, Lloyd Stanford, Janet van den Heuvel, Raja Wysocki, Applicants
v.
Canadian Union of Public Employees (CUPE) Local 503, Responding Party
v.
The Regional Municipality of Ottawa-Carleton, Intervenor.
Before: Bram Herlich, Vice-Chair
Appearances: Ed J. Holmes, Tim Hannigan, Janet van den Heuvel, Reneé Léger, Heather MacKinnon, Shelley Robinson-Foley and Raja Wysocki appeared on behalf of the applicants; David Jewitt and Lorne Carter appeared on behalf of the responding party; David White and Elizabeth Blunden appeared on behalf of the intervenor.
DECISION OF THE BOARD
1This is an application filed pursuant to section 96 of the Labour Relations Act, 1995 (the "Act") alleging that the responding party (the "union") has violated section 74 of the Act.
2During the course of the day scheduled for a consultation in this matter, the parties engaged in efforts to resolve the matter. When the consultation convened later in the day, I was advised that the applicants and the union had agreed to the following terms:
Minutes of Settlement
Whereas the Complainants have complained under section 74 of the Act that their past seniority as Provincial Government employees has not been properly recognized with their new employer, the Regional Municipality of Ottawa-Carleton ("RMOC") (the new City of Ottawa) under Regulation 10/99 passed in February 1999;
And Whereas an agreement providing for certain seniority entitlements for the complainants was entered into between the Respondent CUPE Local 503 and the Regional Municipality of Ottawa-Carleton on or about July 13, 1998 and subsequently amended in Jan. 18, 2000;
And Whereas questions have arisen as to whether Regulation 10/99 has application in these circumstances and to what degree;
The parties hereby agree to resolve the Complainants' concerns with respect to their seniority in CUPE Local 503 as follows:
An arbitration will be held prior to May 1st, 2000 to answer the following stated questions based upon a statement of Agreed Facts & Documents:
(a) Does Regulation 10/99 govern the determination of seniority for all or some of the Complainants and if so how?
The Complainants former bargaining agent OPSEU will be granted intervenor status at the above noted arbitration in order to make submissions regarding the application of Regulation 10/99 in the Complainants' circumstances.
The Board will remain seized if there is any difficulty in implementing these Minutes of Settlement.
This resolution is without prejudice to any other matter before the Board.
The Arbitration Board or Arbitrator will be requested by the parties to render a decision within 30 days of the conclusion of the arbitration.
3As a result of that agreement, the applicants and the union requested that I direct them to comply with the terms of their agreement.
4Counsel for the intervenor employer advised that, while it was not a party to the agreement, it had no objection to its terms and would not object to the Board directing the parties to comply with its terms.
5Having regard to the agreement of the applicants and the responding party, and to the position of the employer, the Board hereby directs the parties to comply with the terms of the agreement set out above.
6Further, and in accordance with those terms, the Board will remain seized of this matter.
"Bram Herlich" for the Board