2560-00-M Loeb Canada Inc., c.o.b. as Loeb St. Laurent, Employer v. United Food & Commercial Workers Union, Local 175, Trade Union.
BEFORE: Patrick Kelly, Vice-Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; December 21, 2000
1This is an application brought jointly by the employer and the trade union under section 58(3) of the Labour Relations Act, 1995, S.O. 1995, c.1 ('the Act') for early termination of a collective agreement.
2In support of the application, the parties explain that they agreed to "reopen" the collective agreement between them, which is effective from October 1, 1997 until September 29, 2001. The application indicates that a copy of the memorandum of agreement reached between the parties, and ratified by the members of the trade union, is enclosed with the application. The Board has no record of the memorandum of agreement in its file.
3Before the Board considers this application further, the parties are directed to provide the Board with a copy of the memorandum of agreement. That copy is to be provided on or before December 28, 2000.
4As an aside, the Board notes section 58(5) of the Act, which provides as follows:
58(5) Nothing in this section prevents the revision by mutual consent of the parties at any time of any provision of a collective agreement other than a provision relating to its term of operation.
5If the parties have merely agreed to revise certain provisions of their existing collective agreement, other than a provision relating to the term of operation, the application for early termination of the collective agreement is unnecessary, and, indeed would be dismissed.
6We remain seized to deal with the material herein directed to be provided to the Board.
"Patrick Kelly"
for the Board