3705-98-HS International Brotherhood of Electrical Workers, Local 353, Applicant v. Ellis-Don Construction Ltd. and Ministry of Labour, Responding Parties.
3248-99-JD Labourers’ International Union of North America, Local 506, Applicant v. International Brotherhood of Electrical Workers, Local 353 and Ellis-Don Construction Ltd., Responding Parties.
BEFORE: John Morgan Lewis, Vice‑Chair.
APPEARANCES: Richard Blair and Mike Oram for IBEW Local 353; John Moszynski and Armando Camara for LIUNA Local 506; Peter Hubrecht for Ellis-Don Construction Ltd.; Victoria Rondo for the Ministry of Labour.
DECISION OF THE BOARD; November 22, 2000
Board File No. 3705-98-HS is an application under the Occupational Health & Safety Act, R.S.O. 1990, ch. 0.1 (“OHSA”). Board File No. 3248-99-JD is a jurisdictional dispute filed under the Labour Relations Act, 1995 (the “Act”).
During the course of the hearing in this matter the parties entered into the following Memorandum of Settlement:
MEMORANDUM OF SETTLEMENT
IN THE MATTER OF:
International Brotherhood of Electrical Workers, Local 353, v. Ellis-Don Construction Ltd., Ministry of Labour, and Inspector Vic Direnzo, OLRB File #3705-98-HS
and
Labourers’ International Union of North America, Local 506 v. International Brotherhood of Electrical Workers, Local 353 and Ellis-Don Construction Ltd. OLRB File #3248-99-JD,
Whereas the IBEW Local 353 filed an appeal in OLRB File #3705-98-HS regarding the decision of Inspector Vic Direnzo of the Ministry of Labour dated January 8, 1998
And whereas the Labourers’ International Union, Local 506 filed a jurisdictional dispute in OLRB File #3248-99-JD on February 3, 1999;
Now therefore the parties agree as follows to fully and finally resolve the above noted matters without prejudice to the positions of any of them in these matters or in other matters in the future:
The Labourers’ International Union, Local 506 withdraws its judisdictional dispute dated February 3, 2000 (OLRB File #3248-99-JD) without prejudice to the positions of any of the parties in this or any future matter.
The appeal of the Inspector’s decision dated January 8, 1998, in OLRB File #3705-98-HS is fully and finally settled, on the basis set out in paragraph 3 below, without prejudice to the positions of the parties in any other matter.
Ellis-Don Construction Ltd., the International Brotherhood of Electrical Workers, Local 353 and the Labourers’ International Union Local 506 agree that on all future Ellis-Don Construction projects non-conductive material will be used for the hanging and support of strings of temporary lighting and that workers performing the installation shall be instructed in the safe installation of temporary lighting strings. Ellis-Don Construction Ltd. agrees to so advise its employees within 14 days of the signing of this memorandum.
The parties agree that this settlement shall be issued in a decision of the Ontario Labour Relations Board.
Dated this 20th day of November, 2000.
“Michael J. Oram” “Armando Camara”
For the IBEW 353 For Labourers L. 506
Michael J. Oram
“V. DiRenzo” “Peter Hubrecht”
V. DiRenzo For Ellis-Don Construction Ltd.
“V. Rondo”
For the Ministry of Labour
- Having regard to the agreement of the parties, Board File No. 3248-99-JD is hereby withdrawn with leave of the Board and Board File No. 3705-98-HS is hereby terminated.
“John Morgan Lewis”
for the Board