Christopher Jones v. CUPE Local 4400 and The Toronto District School Board
File No.: 3385-99-M Date: August 7, 2001
Before: Stephen Raymond, Vice-Chair
Decision of the Board
Having regard to the agreement of the parties, the Board makes the following orders:
This is an application for religious exemption pursuant to section 52 of the Labour Relations Act, 1995 (the "Act").
Prior to the commencement of the scheduled hearing, the parties advised the Board that they had signed Minutes of Settlement and have agreed to incorporate the settlement as an Order of the Board so that it can be enforced in the event of non-compliance. The parties have agreed:
(a) That the provisions of the collective agreement between the Responding Party, Trade Union ("Local 4400") and Responding Party, The Toronto District School Board ("the School Board") which require, as a condition of employment, membership in Local 4400, and provide for the payment of any dues, initiation fees and/or assessments, do not apply to the Applicant Christopher Jones, effective December 5, 2000 provided that the other provisions of these Minutes of Settlement are complied with;
(b) that the School Board shall deduct and remit an amount equal to any dues, initiation fees and/or other assessments from the earnings of Christopher Jones in every pay period and remit the same to the Benevolent Committee of Local 4400, for use by the Committee for any of the purposes described in Section 13(4) of the Bylaws of Local 4400 from December 5, 2000 and thereafter; and
(c) these Minutes of Settlement are entirely without prejudice or precedent to either parties' position in any other matter, and shall not be referred to in any other proceeding save and except in a proceeding to enforce these Minutes of Settlement.
- Having regard to the Minutes of Settlement, the Board orders that:
(a) the provisions of the collective agreement between the School Board and Local 4400 which require, as a condition of employment, membership in Local 4400 and the payment of any dues, initiation fees and/or assessments, do not apply to the Applicant, Christopher Jones, effective December 5, 2000 provided that the other provisions of these Minutes of Settlement are complied with;
(b) the School Board shall deduct and remit an amount equal to any dues, initiation fees and/or other assessments from the earnings of Christopher Jones in each pay period to the Benevolent Committee of Local 4400, for use by the Committee for any purposes described in Section 13(4) of the Bylaws of Local 4400 from December 5, 2000 and thereafter;
(c) paragraphs (a) and (b) are entirely without prejudice or precedent to any of the parties' positions in any other matter and shall not be referred to in any other proceeding, save and except for a proceeding to enforce these Minutes of Settlement.
"Stephen Raymond"
for the Board