Ontario Labour Relations Board
2888-99-OH; 2895-99-U Ontario Public Service Employees Union, Applicant v. The Crown in Right of Ontario (Management Board of Cabinet and Ministry of Correctional Services), Responding Party.
BEFORE: Christopher J. Albertyn, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; July 21, 2000
Board File No. 2895-99-U is an unfair labour practice complaint brought pursuant to section 96 of the Labour Relations Act, 1995, S.O. 1995, c.1. Board File No. 2888-99-OH is a complaint under section 50 of the Occupational Health and Safety Act.
The parties have concluded Minutes of Settlement which resolve all matters in these applications. The Minutes read:
OLRB #2895-99-U
OLRB #2888-99-OH
Labour Relations Act, 1995
Occupational Health and Safety Act
Application Under Section 96 of the LRA
(Unfair Labour Practice)
- and -
Application Under Section 50 of the OHSA
Between:
Ontario Public Service Employees Union
Applicant,
The Crown in Right of Ontario (Management Board of
Cabinet and the Ministry of Correctional Services)
Responding Party,
Minutes of Settlement
The Responding Party will cease and desist from proceeding further with the contracting out process for offender transportation services as announced in the letter to all staff from Assistant Deputy Minister John Rubeau and Morris Zbar dated November 19, 1999 and the letter to all staff dated November 25, 1999 from Minister of Correctional Services Sampson.
The Employer agrees that offender transportation services will continue to be performed by public servants who are members of the OPSEU bargaining unit correctional category in accordance with the Orders of the Adjudicator in Decisions Nos. 98-05 and 98-05A, as implemented through the agreement of the parties through the mediation/arbitration process set out in Decision #98-05A.
This agreement constitutes a settlement of the Applicant’s proceedings in OLRB File Nos. 2895-99-U and 2888-99-OH and may be enforced by a hearing before the Board to be held within 21 days of a request for a hearing by either party.
The Responding Party will cease and desist from proceeding further with the contracting out process for offender transportation services initiated in November, 1999 for a period of two years from the signing of this settlement. Should the Responding Party decide to proceed further with the contracting out process after the expiry of this period, the parties agree that this agreement shall not be construed as an agreement by the Applicant that the Responding Party may pursue contracting out and the Applicant retains the right [sic] take any legal proceedings it deems necessary to oppose the Responding Party’s decision.
As a consequence of this settlement, the Applicant requests leave of the Board to withdraw the applications in Board File Nos. 2895-99-U and 2888-99-OH and the Responding Party consents to the Applicant’s request.
The parties request these minutes be incorporated into an Order of the Board.
Dated at Toronto, this 18th day of July, 2000.
(“Barry Scanlon”) (“Malcolm A. Smeaton”)
Barry Scanlon Malcolm A. Smeaton
For the Applicant For the Responding Party
(“Ronald Davis”)
Ron Davis of counsel for the
Applicant Koskie Minsky
- By consent, the applications are withdrawn by leave of the Board.
“Christopher J. Albertyn”
for the Board