The Participating Nursing Homes (as listed in Schedule "A") v. The National Automobile, Aerospace, Transportation and General Workers of Canada (CAW-Canada), CAW, Local 302, David Eales and Jerry Dias
0005-01-U The Participating Nursing Homes (as listed in Schedule "A"), Applicant v. The National Automobile, Aerospace, Transportation and General Workers of Canada (CAW-Canada), CAW, Local 302, David Eales and Jerry Dias, Responding Parties.
BEFORE: Patrick Kelly, Vice-Chair.
APPEARANCES
Thomas A. Stefanik and Malcolm Winter appeared on behalf of the applicant; Anthony F. Dale, David A. Wright, David Eales and Jerry Dias appeared on behalf of the responding parties.
DECISION OF THE BOARD; April 9, 2001
1This is an application claiming an unlawful strike, contrary to section 100 of the Labour Relations Act, 1995, S.O. 1995, c.1 ("the Act") and section 11 of the Hospital Labour Disputes Arbitration Act, R.S.O., 1990, c.H. 14.
2On the day scheduled for the hearing of this matter, April 4, 2001, the parties entered into minutes of settlement. Those minutes of settlement are as follows:
OLRB File 0005-01-U
Between:
The Participating Homes (as listed in Schedule "A" to the Application)
Applicant
- and -
The National Automobile, Aerospace Transportation and General Workers of Canada (CAW-Canada), CAW Local 302, David Eales and Jerry Dias
Responding Parties
MINUTES OF SETTLEMENT
WHEREAS the Applicant has filed an application pursuant to s. 100 of the Labour Relations Act (the "Act") and s. 11 of the Hospital Labour Disputes Arbitration Act (HLDAA)
AND WHEREAS the workplaces listed in Schedule A to the Application are covered by HLDAA;
AND WHERAS strikes are prohibited in workplaces covered by HLDAA;
AND WHEREAS the Act prohibits unlawful strikes and the threats of unlawful strikes;
AND WHEREAS Eales and Dias believe that certain quotes attributed to them in the press alleging that they threatened unlawful strikes against the Applicant are inaccurate;
AND WHEREAS the Responding Parties intend to comply with the law;
AND WHEREAS the Parties are meeting in collective bargaining on April 5 and 6, 2001 and need to devote their time and energy to attempting to reach a collective agreement;
NOW THEREFORE THE PARTIES agree as follows
This application is adjourned sine die.
Should the Applicant wishes[sic] to bring the Application back before the Board service upon the solicitors for the Responding Parties shall constitute service upon the Responding Parties.
These Minutes shall be incorporated into a Board Order or Consent.
DATED AT TORONTO this 4th day of April, 2001.
"Malcolm Winter" "J. Dias"
for the Applicant for the Respondent CAW
(Jerry Dias)
"D. Eales"
for the Respondent CAW Local 302
(David Eales)
"J. Dias":
Jerry. Dias
"D. Eales"
David Eales
3Pursuant to the agreement of the parties, the Board directs that this application is adjourned sine die for a period of 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.
4I am not seized.
"Patrick Kelly"
for the Board