0471-00-R Hospitality & Service Trades Union, Local 261, Applicant v. 3517616 Canada Inc., 1252115 Ontario Ltd. and Cotton Valley Enterprises Inc., Responding Parties.
BEFORE: Stephen Raymond, Vice-Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; August 22, 2000
1. The parties to this matter have settled the application in the following terms and conditions:
ONTARIO LABOUR RELATIONS BOARD
File No. 0471-00-R
Between:
Hospitality & Services Trades Union, Local 261
Applicant
- and –
3517616 Canada Inc.,
1252115 Ontario Ltd. and
Cotton Valley Enterprises Inc.
Responding Parties
Minutes of Settlement
The parties hereto have resolved this matter and the full and final settlement is as follows: the parties request the Board make the necessary declarations and orders:
- As Board File 1030-99-R is an application under section 69 of the Labour Relations Act against 1252115 Ontario Ltd. this application does not apply to this numbered company only and is withdrawn on a without prejudice without precedent basis against 1252115 Ontario Ltd. only.
2 (a) Cotton Valley Enterprises Inc. (CV) recognizes its obligations to the applicant as pleaded in this application and specifically confirms that in the future it will not sublease the restaurant to a company who has not signed a collective agreement with the applicant in advance.
2(b) CV confirms that it has notified and UC confirms they were told of the union obligations.
3517616 Canada Inc. (operated under “Uptown Charlies”) (UC) agrees and understands that the conditions have been met and that the Board order. That it is a “successor” employer as of March 1, 2000 (and not prior) under the Labour Relations Act.
(UC) is bound to the Applicant as per the successor employer provisions of the Labour Relations Act. The terms and conditions of the present collective agreement (expired Oct. 31/99) shall continue in full force effective until October 31, 2000.
(UC) shall pay to the applicant the sum of one thousand dollars ($1,000) as per the rules set out below as full and final payment of this application.
5(a) $200.00 on or before June 23, 00 ) to be paid
$200.00 on or before July 7, 00 ) by postdated
$200.00 on or before July 21, 00 ) cheques
$200.00 on or before Aug. 04,00 ) delivered
$200.00 on or before Aug. 18,00 ) before June 23, 00
5(b) If any payment is late or a cheque n.s.f., the full balance amount is due + $500.00 penalty immediately.
- Based on the above a hearing in this matter is not required and the parties request the Board make the aforementioned declarations and orders.
Dated at Ottawa, this 15^th^ day of June, 2000.
“Dan Delorme”
For the applicant
“Jim McDonald”
Consultant
For the Applicant
“Sid Tachenoutte”
3517616 Canada Inc.
“Sean Kassam”
Cotton Valley Enterprises
2. The Board makes all orders and declarations as set out in the Minutes of Settlement.
“Stephen Raymond”
for the Board