2876-00-R Pinkerton’s of Canada Limited and Burns International Security Services Limited, Applicant v. United Steelworkers of America, Responding Party.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; May 28, 2001
This is an application under section 69 of the Labour Relations Act, 1995 (the “Act”) in respect of an alleged sale of a business by Burns International Security Services Limited to Pinkerton’s of Canada Limited.
The parties have entered into the following Minutes of Settlement:
Board File No. 2876-00-R
LABOUR RELATIONS ACT, 1995
IN THE MATTER OF AN APPLICATION
UNDER SECTION 69 OF THE ACT
BEFORE THE ONTARIO LABOUR RELATIONS BOARD
BETWEEN:
PINKERTON’S OF CANADA LIMITED and
BURNS INTERNATIONAL SECURITY SERVICES LIMITED
Applicants
- and -
UNITED STEELWORKERS OF AMERICA
Responding Party.
MINUTES OF SETTLEMENT
WHEREAS the United Steelworkers of America (“the Union”) and Pinkerton’s of Canada Limited (“Pinkerton’s”) are parties to a collective agreement effective from June 26, 2000 to May 31, 2003 (“the Pinkerton’s Collective Agreement”); and
WHEREAS the Union and Burns International Security Services Limited (“Burns”) are parties to four collective agreements which are all effective from June 1, 1997 to May 31, 2001, which together cover all Burns employees in the Province of Ontario, subject to certain exclusions (“the Burns Collective Agreements”); and
WHEREAS the company formerly known as Pinkerton’s (now known as Securitas Canada Limited) was at all relevant times a wholly owned subsidiary of Securitas AB; and
WHEREAS on or about September 8, 2000, Securitas AB purchased Burns; and
WHEREAS on or about April 1, 2001 Pinkerton’s formally changed its corporate name to Securitas Canada Limited and on or about that date, pursuant to a share transfer, became the owner of Burns; and
WHEREAS Securitas Canada Limited has fully amalgamated Burns into Securitas Canada Limited; and
WHEREAS Securitas Canada Limited is a successor employer to Burns within the meaning of s. 69 of the Act and Securitas Canada Limited is therefore bound by the Burns Collective Agreements; and
WHEREAS Securitas Canada Limited has intermingled the employees and operations of Pinkerton’s and Burns; and
WHEREAS Pinkerton’s (now Securitas Canada Limited) and Burns filed the above captioned application seeking a declaration that the “successor business is no longer bound to” the Pinkerton’s Collective Agreement; and
WHEREAS the parties to the above captioned application are desirous of reaching a full and final settlement of all issues arising from the above captioned application.
NOW THEREFORE the Parties agree to the following terms on a without precedent basis:
The foregoing recitals form part of these Minutes of Settlement.
Employees in the bargaining unit covered by the Pinkerton’s Collective Agreement shall be included in the relevant bargaining unit covered by one of the Burns Collective Agreements, determined by the geographic location of the site at which a particular employee is assigned.
There shall be dovetailing of the seniority list pursuant to the Pinkerton’s Collective Agreement with the respective seniority lists pursuant to the Burns Collective Agreements. In the case of identical seniority dates, determination shall be made by the application of normal alphabetical order.
No employee in the bargaining unit covered by the Pinkerton’s Collective Agreement shall suffer any reduction in wage rate solely as a result of transfer pursuant to these Minutes of Settlement to a bargaining unit covered by one of the Burns Collective Agreements. For the purposes of clarity and Article 24.07 of the Burns Collective Agreements, the Burns Collective Agreements benefit contribution remittance amount will apply, such application to commence May 1, 2001.
The Parties shall request that the Board declare pursuant to section 69 of the Act that Securitas Canada Limited (formerly Pinkerton’s and Burns) is no longer bound by the Pinkerton’s Collective Agreement.
The parties shall request that the Board put these Minutes of Settlement into a Decision of the Board and that these Minutes of Settlement shall be enforceable as such. Pending issuance of these Minutes of Settlement as a Decision of the Board, the Parties agree to govern themselves in accordance with the terms set out herein commencing at the date of execution of these minutes.
FOR SECURITAS CANADA LIMITED (formerly Pinkerton’s of Canada Limited and Burns International Security Services Limited):
Signature: “Sandra Guttmann” .
Name: Sandra Guttmann .
Date: April 26, 2001 .
FOR THE UNITED STEELWORKERS OF AMERICA :
Signature: “Stuart Deans” .
Name : Stuart Deans.
Date : April 24, 2001 .
- Having regard to the Minutes of Settlement and pursuant to section 69 of the Act, the Board makes the following determinations:
a) that employees in the bargaining unit covered by the Pinkerton’s Collective Agreement shall be included in the relevant bargaining unit covered by one of the Burns Collective Agreements, determined by the geographic location of the site at which a particular employee is assigned;
b) that there shall be no dovetailing of the seniority list pursuant to the Pinkerton’s Collective Agreement with the respective seniority lists pursuant to the Burns Collective Agreements. In the case of identical seniority dates, determination shall be made by the application of normal alphabetical order;
c) that no employee in the bargaining unit covered by the Pinkerton’s Collective Agreement shall suffer any reduction in wage rate solely as a result of transfer pursuant to these Minutes of Settlement to a bargaining unit covered by one of the Burns Collective Agreements. For the purposes of clarity and Article 24.07 of the Burns Collective Agreements, the Burns Collective Agreements benefit contribution remittance amount will apply, such application to commence May 1, 2001;
d) Securitas Canada Limited (formerly Pinkerton’s and Burns) is no longer bound by the Pinkerton’s Collective Agreement.
“Caroline Rowan”
for the Board