Ontario Labour Relations Board
0661-00-U Scepter Corporation, Applicant v. Christian Labour Association of Canada as well as Chris Bosch, Keith Moonsammy, Rasiah Nathakumar, and Anthony Aseervatham, in their individual capacity as well as their capacity as officers, officials and agents of the Christian Labour Association of Canada, Responding Party.
BEFORE: Marilyn Silverman, Vice‑Chair.
APPEARANCES: Scott G. Thompson for the applicant; Daniel Condon, Chris Bosch, Ron Rupke, Keith Moonsammy and Rasiah Nathakumar for the responding party.
DECISION OF THE BOARD; June 2, 2000
1This is an application under section 100 of the Labour Relations Act, 1995 (the “Act”) that was filed with the Board on May 31, 2000.
2At the date and time scheduled for hearing the parties reached agreement and requested that the Board issue a consent order in the form as contained in Schedule “A” attached hereto.
3Having regard to that agreement, the Board hereby makes the declarations and directions as contained in the attached Schedule “A”.
“Marilyn Silverman”
for the Board
Schedule “A”
ORDER OF THE ONTARIO LABOUR RELATIONS BOARD
The Ontario Labour Relations Board (the "Board") in this order makes the following declarations and remedial directions:
DECLARATIONS
a. The Board declares that the employees of Scepter who failed to attend work as scheduled on Saturday May 20, 2000, Saturday May 27, 2000 and Sunday, May 28, 2000, and the employees who refused to work on Thursday, June 1, 2000 which refusal is continuing on June 2, 2000 are engaged in an unlawful strike.
b. The Board declares that Keith Moonsammy and Chris Bosch in their individual capacity and in their capacity as officers, officials or agents of CLAC called or authorized or threatened to call or authorize an unlawful strike contrary to sections 81 and 100 of the Labour Relations Act.
c. The Board declares that Keith Moonsammy and Chris Bosch in their individual capacity and in their capacity as officers, officials or agents of CLAC counselled, procured, supported and encouraged an unlawful strike and or have threatened the unlawful strike contrary to sections 81 and 100 of the Labour Relations Act.
d. The Board declares that both CLAC, as well as Keith Moonsammy and Chris Bosch in their individual capacity and in their capacity as officers, officials or agents of CLAC, committed acts that they knew or ought to have known that, as a probable and reasonable cause of those acts, employees would engage in an unlawful strike contrary to sections 83(1) and 100 of the Labour Relations Act.
DIRECTIONS
e. The Board directs the employees of Scepter to cease and desist from participating in an unlawful strike.
f. The Board directs CLAC, as well as Keith Moonsammy and Chris Bosch in their individual capacity and in their capacity as officers, officials or agents of CLAC, to cease and desist from calling or authorizing, directly or indirectly, an unlawful strike or threatening an unlawful strike.
g. The Board directs CLAC, as well as Keith Moonsammy and Chris Bosch in their individual capacity and in their capacity as officers, officials or agents of CLAC, to cease and desist from counselling, procuring, supporting and encouraging, either directly or indirectly an unlawful strike or threatening an unlawful strike.
h. The Board directs CLAC, as well as Keith Moonsammy, and Chris Bosch in their individual capacity and in their capacity as officers, officials or agents of CLAC, to cease and desist from committing acts, either directly or indirectly, that they knew or ought to know that, as a probable and reasonable cause of those acts employees will engage in an unlawful strike.
i. The Board directs CLAC, as well as Keith Moonsammy and Chris Bosch in their individual capacity and in their capacity as officers, officials or agents of CLAC, to direct the employees not to participate in an unlawful strike.
j. The Board directs anyone who has knowledge of the order to cease and desist from:
i. participating in an unlawful strike;
ii. from calling or authorizing, either directly or indirectly, an unlawful strike;
iii. from counselling, procuring, supporting and encouraging, either directly or indirectly an unlawful strike; or
iv. from committing acts, either directly or indirectly, that they know or ought to know that, as a reasonable and probable cause of those acts, employees will engage in an unlawful strike.
k. The Board directs that the order of the Board in this matter be posted at Scepter's plant at 170 Midwest Road and that the Board's order and any decision be delivered to the employees in CLAC's bargaining unit.