Ontario Labour Relations Board
0350-00-G International Union of Operating Engineers, Local 793, Applicant v. Con-Drain Company (1983) Ltd., Responding Party.
0750-00-G International Union of Operating Engineers, Local 793, Applicant v. Con-Drain Company (1983) Ltd., Responding Party.
BEFORE: John Morgan Lewis, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
APPEARANCES: Ben Barnes, Ken Lew, John Monti and Joe Parisi for the applicant; Rebecca Saturley, Darrin Husack, Roberto Morocco, Adriano Sgrignoli and Sam Tedesco for the responding party.
DECISION OF THE BOARD; June 19, 2000
1The applicant has referred two grievances concerning the interpretation, application, administration or alleged violation of a collective agreement to the Board for final and binding determination.
2During the course of the hearing in these matters the parties entered into the following memorandum of agreement:
MEMORANDUM OF AGREEMENT
BETWEEN:
International Union of Operating Engineers, Local 793
(the “Union”)
‑ and ‑
Con-Drain Company (1983) Ltd.
(the “Employer”)
‑ and ‑
Joe Parisi
(the “Grievor”)
WHEREAS the Union filed an application under s.133 of the Act pertaining to an alleged unjust discharge of the grievor by the Employer (Board File No. 0350-00-G);
AND WHEREAS the Union filed a second application under s.133 of the Act pertaining to an alleged violation of the collective agreement pertaining to an alleged refusal to hire the Grievor (Board File No. 0750-00-G);
AND WHEREAS the Union, the Employer and the Grievor wish to resolve all matters arising out of the two-above noted grievance referrals on an amicable basis and without the need for further litigation;
NOW THEREFORE, the parties agree with each other as follows in full and final resolution of these matters and request the Board to issue a consent order incorporating the following:
The Employer agrees to pay the Union $10,500.00 in trust on or before June 30, 2000.
The Grievor agrees to indemnify and save harmless the Union and the Employer from any claims Canada Customs and Revenue Agency (formerly Revenue Canada) or any other statutory authority may have as a result of the implementation of this settlement and the payment of the amount referred to in paragraph 1.
The Employer agrees to allow the Union to post up to six (6) [up to 8.5” x 14” in size] notices on Employer’s premises in the format agreed to by the parties and attached hereto as Schedule “A”.
The Employer agrees that the notices shall remain posted for a period of thirty (30) days and that if defaced or removed that the Employer shall forthwith replace the missing or damaged notice to the best of its ability.
In witness where of the parties have executed this Memorandum of Agreement on this 13th day of July, 2000.
“Ken Lew” .
Local 793
As per Ken Lew
“Darrin Husack” .
Con-Drain Company (1983) Ltd.
As per Darrin Husack
“Joe Parisi” .
Joe Parisi
3Having regard to the memorandum of agreement, to the representations before it and pursuant to section 133 of the Labour Relations Act, 1995, the Board makes the following determination:
orders the Con-Drain Company (1983) Ltd. (“Con-Drain”) to pay the International Union of Operating Engineers, Local 793 (the “union”) the amount of $10,500.00 in trust on or before June 30, 2000;
directs Joe Parisi to indemnify and save harmless the union and Con-Drain from any claims Canada Customs and Revenue Agency (formerly Revenue Canada) or any other statutory authority may have as a result of the implementation of this settlement;
directs Con-Drain to post up to six (6) copies of the attached Schedule “A” for a period of thirty (30) days and if defaced or removed, Con-Drain shall forthwith replace the missing or damaged notice to the best of its ability.
"John Morgan Lewis"
for the Board
Schedule “A”
The Labour Relations Act, 1995
NOTICE TO EMPLOYEES
Posted by order of the Ontario Labour Relations Board
Con-Drain (1983) Ltd. wishes all employees to know that:
Con-Drain (1983) Ltd. recognizes the right of the International Union of Operating Engineers, Local 793 to appoint union stewards.
Article 15.2 of the collective agreement states:
The Employers agree to recognize such reasonable number of Stewards as may from time to time be appointed by the Union, but shall not be obliged to recognize such stewards until they have been informed in writing of the names of all Stewards as they are appointed.
Con-Drain recognizes that International Union of Operating Engineers, Local 793’s Stewards have the right to apply and seek the employer’s compliance with the collective agreement.
Con-Drain agrees that it will not discriminate against any union Steward because of his or her status as a union Steward.
Section 70 of the Labour Relations Act, 1995 states:
- No employer or employers' organization and no person acting on behalf of an employer or an employers' organization shall participate in or interfere with the formation, selection or administration of a trade union or the representation of employees by a trade union or contribute financial or other support to a trade union, but nothing in this section shall be deemed to deprive an employer of the employer's freedom to express views so long as the employer does not use coercion, intimidation, threats, promises or undue influence.