International Brotherhood of Electrical Workers Local 586 v. Donald Servant Electric Limited, 2000 CanLII 9971

2359-00-G International Brotherhood of Electrical Workers Local 586, Applicant v. Donald Servant Electric Limited, Responding Party.

BEFORE: Inge M. Stamp, Vice-Chair, and Board Members G. Pickell and A. Haward.

DECISION OF THE BOARD; November 28, 2000

1. The name of the responding party in the title of proceedings is amended to read: “Donald Servant Electric Limited”.

2. This is a referral of grievance to arbitration (construction industry) filed pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”). This matter was scheduled to come on for hearing before the Board on November 24, 2000; however, prior to the scheduled hearing the parties were able to settle the matters in dispute between them. That settlement was reduced to writing and reads as follows:

Board File Nos. 2359-00-G

LABOUR RELATIONS ACT

BETWEEN:

International Brotherhood of Electrical Workers,

Local 586

(Hereinafter referred to as “the Union”)

• And -

Donald Servant Electric Limited

(Hereinafter referred to as “the Employer”)

MINUTES OF SETTLEMENT

WHEREAS the Union filed a grievance with the Employer dated November 9, 2000;

AND WHEREAS the Union and the Employer are bound to the Collective Agreement entered into between the Electrical Trade Bargaining Agency of the Electrical Contractors’ Association of Ontario et al. and the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario, and to any renewals thereof (the Principal Agreement), in addition to being bound to the Collective Agreement entered into between Local 586 and the Electrical Contractors’ Association of Ottawa applicable to the residential sector of the construction industry and which agreements are hereinafter collectively referred to as “Collective Agreement”;

AND WHEREAS the Employer agrees that it hired as an employee Henri Tremblay, who is not a member of the applicant, contrary to the Collective Agreement;

AND WHEREAS the Union referred a grievance to the Ontario Labour elations Board in the above Board File and the Employer has filed a Request for Hearing and Notice of Intent to Defend;

AND WHEREAS the proper name of the responding party is Donald Servant Electric Limited and the parties agree to amend the referral accordingly;

AND WHEREAS the Union and the Employer wish to resolve all matters arising from the grievance;

THEREFORE the parties hereto agree as follows and jointly request that the Board issue directions and orders as follows:

1. The Employer acknowledges that it has violated the Collective Agreement as set out in the grievance filed by the Union and consents to an order that it cease and desist from violating the Collective Agreement;

The Employer is liable to the union for damages arising from the above violation and is ordered to pay damages to the union in the sum of $3,407.00 payable forthwith.

(“Donald Servant”) (“James Barry”)

For the Employer For the Union

Print Name: Print Name: Mr. James Barry

“I have authority to bind the corporation”

Dated at Ottawa this 22^nd day of November, 2000.

3. Having regard to the Minutes of Settlement, the Board hereby makes the consent orders, declarations and directions to which the parties have agreed.

“Inge M. Stamp”

for the Board