Ontario Labour Relations Board

2432-01-G International Brotherhood of Electrical Workers, Local 586, Applicant v. 871480 Ontario Limited c.o.b. as Kanata Electric, Responding Party.

BEFORE: Christopher J. Albertyn, Vice‑Chair, and Board Members J. G. Knight and A. Haward.

DECISION OF THE BOARD; December 13, 2001

1. This is a construction grievance under section 133 of the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended (the "Act").

2. The parties have concluded Partial Minutes of Settlement, which read:

BOARD FILE NO. 2432-01-G

LABOUR RELATIONS ACT

BETWEEN

International Brotherhood of Electrical Workers,

Local 586

(Hereinafter referred to as "the Union")

and

871480 Ontario Limited c.o.b. as

Kanata Electric

(Hereinafter referred to as "the Employer")

PARTIAL MINUTES OF SETTLEMENT

WHEREAS the Union filed a grievance with the Employer dated November 28, 2001 and filed it with the Board November 29, 2001;

AND WHEREAS, the Employer wishes to settle the grievance with the Union;

THEREFORE THE PARTIES agrees as follows:

1. The Employer agrees it has violated Section 7, Subsection 700, Section 8, Subsection 806, Section 9, Subsections 900, 906, 907, Section 10, Subsection 1000, 1001, 1003 and Section 21 of the Local Appendix.

2. The Employer acknowledges that the practice of "banking" hours is a breach of the Principal Agreement and agrees to an order that it cease and desist from such a practice.

3. The Employer agrees that Luc Dugre worked and/or was subcontracted bargaining unit work while not a member of the Union.

4. The Employer shall provide, by Friday December 14^th, to the Union a copy of Mr. Dugre's T4 for fiscal 2000 and an accounting of all hours worked between January 2001 and May 31, 2001, to quantify the damages payable to the Union.

5. If the parties cannot agree on the quantification of damages, the Union may request the matter be re-listed for a hearing for the purposes of quantifying damages only.

6. The parties jointly request that the hearing scheduled for December 13, 2001 be adjourned sine die and further request that the declarations made in paragraphs 1 through 5 be made an Order of the Board.

7. The parties request that the Board accept a facsimile transmission of these Minutes.

Date: December 12, 2001.

Mr. "Blake Sinclair"

FOR THE EMPLOYER

Mr. "James Barry"

FOR THE UNION

3. By consent, the Board makes the following declarations and orders:

(1) the employer has violated sections 7(700), 8(806), 9(900), 9(906), 9(907), 10(1000), 10(1001), 10(1003) and 21 of the Local Appendix of the Principal Agreement binding on the parties;

(2) the employer shall cease and desist from the practice of "banking hours";

(3) the employer shall comply with its obligations in paragraph 4 of the Partial Minutes;

(4) the application is adjourned sine die for a period not exceeding one year. Unless within that time either party requests that the Board proceed with the matter, it will be deemed terminated without any further notice to the parties.

"Christopher J. Albertyn"

for the Board