3794-00-OH Industrial, Wood & Allied Workers of Canada, Local 2693, and Kerry MacNeil Applicants v. Marona Kitchens Mfg. Inc. and Norman Guenette, Responding Parties.
3818-00-U Industrial, Wood & Allied Workers of Canada, Local 2693, Applicant v. Marona Kitchens Mfg. Inc. and Norman Guenette, Responding Parties.
BEFORE: Mary Anne McKellar, Vice-Chair.
DECISION OF THE BOARD; November 1, 2001
These applications are made pursuant to section 96 of the Labour Relations Act, 1995, S.O. 1995 c.l, as amended (the “Act”) and section 50 of the Occupational Health and Safety Act (the “Act”).
Prior to the commencement of the scheduled hearing into these applications on October 23, 2001 the parties entered into the following Memorandum of Settlement.
O.L.R.B. File Nos: 3894-00-OH [sic]
3818-00-U
IN A MATTER BEFORE THE ONTARIO LABOUR
RELATIONS ACT [SIC] IN RESPECT OF THE LABOUR
RELATIONS ACT, 1995 and the OCCUPATIONAL
HEALTH & SAFETY ACT
BETWEEN:
INDUSTRIAL WOOD & ALLIED WORKERS OF CANADA, LOCAL 2693 (“the Union”) and KERRY MacNEIL (“jointly the Applicants”)
- and -
MARONA KITCHENS MFG. INC. and NORMAN GUENETTE (“the Employer”)
MEMORANDUM OF SETTLEMENT
WHEREAS the Union has brought an Application under Section 96 of the Labour Relations Act, 1995 in response to the layoff of 4 employees, namely, Normand Pilon, Dan Bray, Jeff Robillard and Chris Vaillancourt.
AND WHEREAS the Applicant have brought an Applications under s. 50 of the Occupational Health & Safety Act.
THEREFORE, the parties hereby agree to the full and final settlement, on a without prejudice or precedent basis, of all issues arising out of these applications as follows and request that the Border Order:
The Employer agrees to pay $1,440.00 in monetary damages to the Union in respect of O.L.R.B. File No. 3818-00-U and that the Board shall so declare.
The Parties agree that Chris Vaillancourt was an employee of La Cuisine immediately following the layoff and that Mr. Jeff Robillard went back to school and then recommenced work with Marona after the layoff and therefore have suffered no monetary loss and request that the Board so declare.
The Employer agrees that the statement made by Mr. Rick Potvin to the effect that if Mr. MacNeil persisted in his occupational health and safety complaints that “he would tell those guys next door where Mr. MacNeil lived” was inappropriate and requests that the Board so declare.
The Employer acknowledges that the Occupational Health and Safety Act provides important protections to employees and that it is in the interest of employees and employers that occupational health and safety concerns be raised freely without fear of reprisal.
The Employer acknowledges that s. 50 of the Occupational Health and Safety Act provides protections to employees against such reprisal for raising occupational health and safety concerns.
- The Employer agrees to post a declaration on the Employer’s letterhead to the effect of the statements made in paragraph 4 to remain in the workplace for 30 days in a conspicuous spot and request that the Board shall so declare.
The Employer further agrees to file with the Board and the Union a confirmation of posting, and requests that the Board so declare.
The Employer agrees to pay damages of $100.00 in respect of O.L.R..B. File No. 3894-00-OH [sic] to Mr. Kerry MacNeil for pain and suffering and requests that the Board so declare.
The parties agree to resume negotiations toward the settlement of a collective agreement on October 24, 2001 at 10:00 a.m. or as soon after is [sic] practicable at the Ramada Inn in Sudbury, and request that the Board so declare.
The Employer agrees that the monetary damages set out in paragraphs 1 and 6 of the Memorandum of Settlement will be paid to the Union by no later than Friday, November 2, 2001 and request that the Board so declare.
In consideration of the payment of damages outlined in this Memorandum of Settlement the Applicants do release and discharge the Employer and Norm Guenette from all actions, causes of actions and all other liabilities of any kind existing now or which may arise in the future related to this Application and the payment outlined in the Memorandum of Settlement including any charges which may be levied by the Receiver General or the HRDC.
Upon implementation of these terms of the Memorandum of Settlement the Union and Mr. Kerry MacNeil agree to withdraw the Applications herein.
DATED at Sudbury, October 23, 2001.
“N. Guenette” “B. Poulin”
For the Employer For the Union
“N. Guenette” “B. Poulin”
For Mr. Norm Guenette For Mr. Kerry MacNeil
- Having regard to the Memorandum of Settlement and the applicants’ letter dated October 26, 2001 requesting that the Board issue the consent orders set out in the Memorandum of Settlement, the Board makes the following declarations, observations and orders:
That the responding parties pay to the Union $1440.00 in respect of the application in Board File No. 3818-00-U;
That Chris Vaillancourt and Jeff Robillard have suffered no monetary loss;
That Mr. Rick Potvin’s statement to the effect that if Mr. MacNeil persisted in his occupational health and safety complaints that “he would tell those guys next door where Mr. MacNeil lived” were inappropriate;
That the responding parties prepare the following statement on company letterhead, post it in a conspicuous spot in the workplace for 30 days, and provide the Board and the Union with a confirmation of such posting;
Marona Kitchens Mfg. Inc. and Norman Guenette acknowledge that the Occupational Health and Safety Act provides important protection to employees and that it is in the interest of employees and employers that occupational health and safety concerns be raised freely without fear of reprisal.
That the responding parties pay to Kerry MacNeil $100.00 for pain and suffering in respect of the application in Board File No. 3794-00-OH;
That the parties resume negotiations towards the settlement of a collective agreement on October 24, 2001 or as soon thereafter as is practicable;
That the amounts set out in paragraphs 1 and 6 of the Memorandum of Settlement be paid to the Union by no later than Friday, November 2, 2001.
“Mary Anne McKellar ”
for the Board