1188-01-U; International Union of Operating Engineers, Local 793, Applicant v. Superior Propane Inc., Responding Party
1218-01-R International Union of Operating Engineers, Local 793, Applicant v. Superior Propane Inc. and ICG Propane, a division of Superior Propane Inc., Responding Parties.
BEFORE: Timothy W. Sargeant, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; August 23, 2001
1Board File No.1218-01-R is an application made to the Ontario Labour Relations Board under subsection 1(4) of the Labour Relations Act, 1995, (the "Act") and under section 69 of the Act.
2Board File No. 1188-01-U is an application brought pursuant to section 96 of the Act that the responding party has breached sections 5, 56 and 70 of the Act.
3The parties reached a Memorandum of Settlement dated August 17, 2001 in both of these matters (the “Memorandum of Settlement”).
4Pursuant to the terms of the settlement the Board declares:
the Applicant continues to be the bargaining agent for certain employees of the Responding Parties employed at or out of the Responding Parties’ facilities in Marathon, Ontario and that the collective agreement between ICG and the Applicant continues to apply with necessary modifications to such employees as if Superior was a party thereto; and
that the Applicant is not the bargaining agent for any employees of the Responding Parties employed at or out of the Superior facilities in Dryden, Ontario and that the collective agreement between ICG and the Applicant has no application to those employees.
5Pursuant to the terms of the settlement the Board orders:
that a vote will be conducted among Thunder Bay employees of the Responding Parties to determine whether those employees desire to be represented or to continue to be represented by the Applicant;
that the Ontario Labour Relations Board oversee the conduct of the vote;
that the ballot used for the purposes of the vote will ask employees whether they wish to be represented by the Applicant, International Union of Operating Engineers, Local 793;
that the persons who are entitled to cast a ballot in the vote are those persons appearing on the voters’ list that was agreed to by the parties; and
that the vote should occur between the hours of 7:00 a.m. and 9:00 a.m. on August 30, 2001 at Superior’s offices at Highway 17 – 3014 West Arthur St., Thunder Bay, ON., P7B 6T8.
6Pursuant to the terms of the settlement:
in event that the Applicant is selected by a majority of employees as their bargaining agent in the representation vote, the parties agree that the Applicant will be the sole and exclusive bargaining agent for employees of Superior employed at or out of Thunder Bay, Ontario and that the collective agreement between ICG and the Applicant continues to apply with necessary modifications to such employees as if Superior was a party thereto. The parties agree that, should the Applicant win the vote, then the seniority of existing Superior employees in Thunder Bay and the seniority of ICG employees in Thunder Bay will be “dove-tailed” into a single seniority list.
7Further pursuant to the terms of the settlement:
in event that the Applicant is not selected by a majority of employees as their bargaining agent in the representation vote, the parties agree that the Applicant will not become the sole and exclusive bargaining agent for employees of the Responding Parties employed at or out of Thunder Bay, Ontario and that the collective agreement will have no application of those employees. The Applicant will then have no bargaining rights for the City of Thunder Bay.
8Pursuant to the terms of the settlement the Board hereby grants leave to the applicant to withdraw its application in Board File No. 1188-01-U.
9Pursuant to the terms of the settlement the Board declares that Board File No. 1218-01-R is fully and finally resolved by the means of the provisions of the Memorandum of Settlement.
10The responding parties in Board File No. 1218-01-R are directed to post copies of this decision and a “Notice of Vote”.
“Timothy W. Sargeant”
for the Board