1365-00-R Teamsters Local Union No. 879, Applicant v. Evenflo Canada Inc., Responding Party.
2012-00-U Teamsters Local Union No. 879, Applicant v. Evenflo Canada Inc., Responding Party.
BEFORE: Caroline Rowan, Vice‑Chair.
DECISION OF THE BOARD; December 18, 2000
The style of cause is hereby amended to reflect the correct name of the responding party: “Evenflo Canada Inc.”.
Board File No. 1365-00-R is an application for certification. Board File No. 2012-00-U is an application under section 96 of the Labour Relations Act, 1995 (the “Act”).
Prior to the hearing in these matters, the parties entered into the following Minutes of Settlement:
MINUTES OF SETTLEMENT
These Minutes of Settlement are made as of the 13^th^ day of October, 2000.
BETWEEN
Teamsters Local Union No. 879
(the “Applicant”)
- and -
Evenflo Canada, Inc.
(the “Responding Party”).
WHEREAS the Applicant filed an Application for Certification before the Ontario Labor Relations Board (the “Board”) to be certified to represent the employees of the Responding Party, incorrectly named Evenflo Inc., Board File No. 1365-00-R (the “Application for Certification”);
AND WHEREAS the Applicant also filed an Application under Section 96 of the Labour Relations Act, 1995 alleging that the Responding Party had terminated the employment of Jim Russell and Joe Russell contrary to the Labour Relations Act, 1995 (the “Act”), Board File No. 2012-00-U (the “Complaint”);
AND WHEREAS the parties have agreed to a complete and final settlement of all matters;
NOW THEREFORE, in consideration of the following covenants and agreements, the parties agree as follows:
The Applicant shall withdraw the Application for Certification and the Complaint;
The Applicant agrees that the Board shall not consider another application for certification by the Applicant as the bargaining agent of the employees of the Responding Party until one year has elapsed after the Application for Certification is withdrawn.
The Responding Party shall pay to each of Jim Russell and Joe Russell the sum of $2,700.00, less applicable statutory deductions.
Each of Jim Russell and Joe Russell shall execute the Releases attached hereto as Appendix “A” and Appendix “B” respectively, in favour of the Responding Party.
The parties agree to submit these Minutes of Settlement when executed to the Board requesting that the Board incorporate the Minutes of Settlement in an Order giving effect to the parties’ agreement.
These Minutes of Settlement are made without admission of liability.
ALL OF WHICH is agreed to as of the date first written above.
TEAMSTERS LOCAL UNION NO. 879 EVENFLO CANADA INC.
Per: Per:
“J. McLean” . “David Scicluna” .
Name: J. McLean . Name: D. Scicluna .
Print Print
Per:
“Ken Dean” .
Name: Ken Dean .
Appendix “A”
R E L E A S E
I, Jim Russell, in consideration of the sum of $2,700.00, less applicable statutory deductions, and other good and valuable considerations, the receipt of which is pay, hereby release, remise and forever discharge Evenflo Canada, Inc., its directors, officers, principals, employees, agents and all other related or subsidiary companies of Evenflo Canada, Inc. (collectively referred to as “Evenflo”), of an from any and all amounts owing, actions, causes of action, obligations, liabilities, claims, complaints, and demands of every nature or kind which I ever had, now have, or hereafter may have in respect of any cause, matter or thing existing up to the date hereof, and without limiting the generality of the foregoing, in respect of any and all claims or statutory rights or remedies arising out of or in any way connected with my employment with Evenflo or arising out of the termination of such employment including any statutory entitlements arising under the Ontario Employment Standards Act, and any and all claims under the Ontario Human Rights Code and the Ontario Labour Relations Act, 1995 including those claims which are the subject matter of the Application under Section 96 of the Act (Unfair Labour Practice) Board File No. 2012-00-U.
I FURTHER AGREE not to make any claim or take any proceeding against any person or corporation who might claim, pursuant to the provisions of any applicable statute or otherwise, contribution or indemnity from Evenflo.
I EXPRESSLY ACKNOWLEDGE that I will not file any further complaint or claim against Evenflo with any statutory agency in respect of my employment with, or the termination of my employment by Evenflo, and that any such complaint or claim if filed, will have been filed in bad faith.
I UNDERSTAND that the foregoing consideration is made without admission of liability on the part of Evenflo.
I ACKNOWLEDGE that I have had the opportunity to seek independent legal advise with respect to the terms of this Release and I fully understand them. I confirm that I am executing this Release freely, voluntarily and without duress.
THE PROVISIONS hereof shall be binding upon my heirs, executors, administrators and other legal representatives or assigns and enure [sic] to the benefit of and be binding upon the successors and assigns of Evenflo.
IN WITNESS WHEREOF I have hereunto executed these presents this 27 day of October, 2000.
“illegible signature” . “Jim Russell” .
Witness Jim Russell
Appendix “B”
R E L E A S E
I, Joe Russell, in consideration of the sum of $2,700.00, less applicable statutory deductions, and other good and valuable considerations, the receipt of which is pay, hereby release, remise and forever discharge Evenflo Canada, Inc., its directors, officers, principals, employees, agents and all other related or subsidiary companies of Evenflo Canada, Inc. (collectively referred to as “Evenflo”), of an from any and all amounts owing, actions, causes of action, obligations, liabilities, claims, complaints, and demands of every nature or kind which I ever had, now have, or hereafter may have in respect of any cause, matter or thing existing up to the date hereof, and without limiting the generality of the foregoing, in respect of any and all claims or statutory rights or remedies arising out of or in any way connected with my employment with Evenflo or arising out of the termination of such employment including any statutory entitlements arising under the Ontario Employment Standards Act, and any and all claims under the Ontario Human Rights Code and the Ontario Labour Relations Act, 1995 including those claims which are the subject matter of the Application under Section 96 of the Act (Unfair Labour Practice) Board File No. 2012-00-U.
I FURTHER AGREE not to make any claim or take any proceeding against any person or corporation who might claim, pursuant to the provisions of any applicable statute or otherwise, contribution or indemnity from Evenflo.
I EXPRESSLY ACKNOWLEDGE that I will not file any further complaint or claim against Evenflo with any statutory agency in respect of my employment with, or the termination of my employment by Evenflo, and that any such complaint or claim if filed, will have been filed in bad faith.
I UNDERSTAND that the foregoing consideration is made without admission of liability on the part of Evenflo.
I ACKNOWLEDGE that I have had the opportunity to seek independent legal advise with respect to the terms of this Release and I fully understand them. I confirm that I am executing this Release freely, voluntarily and without duress.
THE PROVISIONS hereof shall be binding upon my heirs, executors, administrators and other legal representatives or assigns and enure [sic] to the benefit of and be binding upon the successors and assigns of Evenflo.
IN WITNESS WHEREOF I have hereunto executed these presents this 27 day of October, 2000.
“illegible signature” . “Joe Russell” .
Witness Joe Russell
- Having regard to the Minutes of Settlement and pursuant to section 96 of the Act:
the Board directs the Responding Party to pay to each of Jim Russell and Joe Russell the sum of $2,700.00, less applicable deductions;
the Board directs Jim Russell and Joe Russell to execute the Releases attached to the Minutes of Settlement as Appendix “A” and Appendix “B”, respectively;
the Board notes that the Applicant’s agreement that the Board shall not consider another application for certification by the Applicant as the bargaining agent of the employees of the Responding Party until one year has elapsed after the Application for Certification is withdrawn.
- Having regard to the Minutes of Settlement, these applications are hereby withdrawn by leave of the Board.
“Caroline Rowan”
for the Board