International Brotherhood of Electrical Workers, Local 115 v. C.E. Fox Electric Limited, 2001 CanLII 10654

International Brotherhood of Electrical Workers, Local 115 v. C.E. Fox Electric Limited

0593-01-U International Brotherhood of Electrical Workers, Local 115, Applicant v. C.E. Fox Electric Limited, Charles Edward Fox, Responding Parties.

BEFORE: Anthony Brown, Vice-Chair.

DECISION OF THE BOARD; August 9, 2001

1This is an application pursuant to section 96 of the Labour Relations Act, 1995, alleging violation of sections 5, 70, 72, 76 and 87 of the Act.

2The parties have entered into a Memorandum of Agreement dated July 6, 2001 by which they resolve all differences arising from the applicant’s section 96 application and the responding parties’ violation of the Act. The applicant is hereafter referred to as “the union” and the responding parties are referred to as “the employer”.

3The Board makes the following declarations and orders upon the parties’ consent and joint request, and in accordance with their Agreement:

1. The Board declares that the employer has, by its refusal to consider Jeff Foot for employment because he is a member of the union, violated sections 72 and 76 of the Act;

2. The employer shall offer to Jeff Foot the next new position of full-time industrial journeyman electrician which becomes available, provided Mr. Foot has the ability to perform the duties of the position. (Any employee employed as of the date of the filing of the application (May 18, 2001) and who is laid off after that date shall be recalled prior to the offering of a new position to Mr. Foot.);

3. In the event that Jeff Foot declines the above-mentioned offer of employment, the employer shall offer that position of full-time industrial journeyman electrician to another member of the union, as selected by the union, who has the ability to perform the duties of the position;

4. The employer shall forthwith pay the union the amount of $10,500.00, which amount shall be paid as follows: one half on or before July 30, 2001, and one half on or before August 30, 2001;

5. The employer shall notify the union of all of its current and new job sites, the employer’s total contract value of which is $10,000.00 or more, for a one-year period following the date of this decision;

6. The employer shall provide the union with a list of its current employees together with their addresses, and the names and addresses of any employees hired within one year of the date of this decision;

7. The employer shall provide the union with the opportunity to meet with the employer’s current employees for thirty (30) minutes during working hours within one month of the date of this decision. The date, time and place of this meeting shall be mutually agreed upon by the employer and union, and the employer shall bear the cost, if any, for the rental of the meeting premises;

8. The employer shall provide copies of this decision as well as the attached Notice informing employees of their rights under the Labour Relations Act, 1995, to all of its current employees and to newly-hired employees for a one-year period following the date of this decision.

4The Memorandum of Agreement resolves all outstanding differences between the parties in respect of the application. The Board therefore deems the application to be terminated.

“Anthony Brown”

for the Board

NOTICE TO EMPLOYEES

The Labour Relations Act, 1995

Issued by the Ontario Labour Relations Board

Employees in Ontario have these rights which are protected by law:

An employee has the right to join a trade union of his or her own choice and to participate in its lawful activities.

An employee has the right to oppose a trade union, or subject to the union security clause in the collective agreement with his or her employer, refuse to join a trade union.

An employee has the right not to be discriminated against or penalized by an employer or by a trade union because he or she is exercising rights under the Labour Relations Act, 1995.

An employee has the right not to be penalized because he or she participated in a proceeding under the Labour Relations Act, 1995.

An employee has the right to remain neutral, to refuse to sign documents opposing the union or to refuse to sign a union membership card.

It is unlawful for employees to be fired or in any way penalized for the exercise of these rights. If this happens, a complaint may be filed with the Ontario Labour Relations Board.

It is unlawful for anyone to use intimidation to compel someone else to become or refrain from becoming a member of a trade union, or to compel someone to refrain from exercising rights under the Labour Relations Act, 1995.