International Brotherhood of Electrical Workers, Local 353 v. Cablecom International Network Cabling, Division of the State Group Limited, 2000 CanLII 4698

2487-99-G International Brotherhood of Electrical Workers, Local 353, Applicant v. Cablecom International Network Cabling, Division of the State Group Limited, Responding Party.

2775-99-G International Brotherhood of Electrical Workers, Local 353, Applicant v. Cablecom International Network Cabling, Division of the State Group Limited, Responding Party.

BEFORE: John Morgan Lewis, Vice-Chair, and Board Members J. G. Knight and

G. McMenemy.

DECISION OF THE BOARD; March 27, 2000

1. The applicant has referred a grievance concerning the interpretation, application, administration or alleged violation of a collective agreement to the Board for final and binding determination.

2. Prior to the hearing in this matter the parties entered into the following Minutes of Partial Settlement:

File No. 2487-99-G

International Brotherhood of Electrical Workers Local 353

• the Applicant,

‑ and ‑

Cablecom International Network Cabling, a Division of the State Group

• the Responding Party.

Minutes of Partial Settlement

Whereas the parties agreed to proceed to hearing with those parts of the grievance dated Oct. 19, 1999, which relate to Lance McAnaul & Vince Vetro ;

And whereas Vince Vetro was aware of the hearing & did not appear;

And whereas the parties have negotiated a resolution of all issues with respect to Lance McAnaul ;

Therefore, the parties agree as follows & request that the Board incorporate these Minutes into a decision of the Board:

1. The Responding Party shall pay a penalty under Section 905 of the Provincial Agreement to Lance McAnaul in the amount of $802.22, such payment to be made, by regular mail, mailed by no later than March 28, 2000, & mailed to R.R. #1 North Cobalt, Ont. P0J 1R0.

2. By signing these Minutes of Partial Settlement, Lance McAnaul accepts the terms contained herein in full & final resolution of all matters between himself & the Responding Party arising from his employment with the Responding Party &/or his severance therefrom.

3. The Applicant hereby advises the Responding Party that it shall not proceed to arbitration with respect to any issues already grieved on behalf of Vince Vetro and hereby withdraws all claims made on his behalf from the Board.

4. Lance McAnaul executes these Minutes of Partial Settlement without any admission of wrongdoing on his behalf.

5. The Union & the Responding Party agree that these Minutes of Partial Settlement resolve all issues in dispute between them with respect to Vince Vetro & Lance McAnaul , & are entered into without admission of any wrongdoing by either party.

6. These Minutes are without prejudice or precedent to any other matter unrelated to Lance McAnaul & Vince Vetro & the issues resolved herein.

7. The parties request that the Board schedule a further hearing in this grievance referral on April 25, 2000.

Dated at Toronto this 21st day of March, 2000.

“Robert Gullins” . “John Sedge” .

for the Applicant for the Responding Party

Robert Gullins John Sedge

“Lance McAnaul” .

Lance McAnaul

3. Having 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:

4. declares that the responding party is to pay a penalty under Section 905 of the Provincial Agreement to Lance McAnaul in the amount of $802.22; such payment to be made, by regular mail, mailed by no later than March 28, 2000, & mailed to R.R. #1 North Cobalt, Ont. P0J 1R0;

5. declares that Lance McAnaul, by signing the Minutes of Partical Settlement, accepts the terms and conditions therein in full and final resolution of all matters between himself and the responding party arising from his employment with the responding party and/or his severance thereof.

6. declares that the applicant will not proceed to arbitration with respect to any issues already grieved on behalf of Vince Vetro and hereby withdraws all claims made on his behalf from the Board;

7. declares that the applicant and the responding party agree that these Minutes of Partial Settlement resolve all issues in dispute between them with respect to Vince Vetro & Lance McAnaul , & are entered into without admission of any wrongdoing by either party;

8. declares that these Minutes are without prejudice or precedent to any other matter unrelated to Lance McAnaul & Vince Vetro & the issues resolved herein.

9. A hearing dealing with the remaining issues in dispute in Board File Nos. 2487-99-G and 2775-99-G is hereby scheduled for April 25, 2000.

"John Morgan Lewis"

for the Board