CAW, Local 1688 v. Metro Taxi Ltd. c.o.b. as Capital Taxi
File No.: 2696-97-U Date: October 18, 2001
CAW, Local 1688, Applicant v. Metro Taxi Ltd. c.o.b. as Capital Taxi, Responding Party.
Before: Pamela A. Chapman, Vice-Chair.
DECISION OF THE BOARD
1The title of proceeding is hereby amended to reflect the correct name of the applicant union, which as a result of a successorship acknowledged by both parties is now: “CAW, Local 1688”.
2This is an application pursuant to section 96 of the Labour Relations Act, 1995 (“the Act”) alleging that the responding party has violated sections 70, 72, 76 and 96(2) of the Act.
3By decision dated April 7, 1999, the Board made a number of findings and issued certain orders. Following an application for judicial review, the Board issued a further decision, on April 25, 2000, amending one paragraph of the order.
4Since the release of these decisions the parties have engaged in numerous discussions in an effort to agree on the implementation of certain of the Board’s orders, and on any compensation payable to employees as a result. By correspondence dated October 5, 2001 the parties advise that they have now reached a settlement of all matters remaining in dispute, and ask that the Board issue a consent order to that effect.
5Having regard to the Memorandum of Agreement dated September 20, 2001, the Board hereby orders and/or acknowledges the parties’ agreements as follows:
i) The company shall pay to each driver in the bargaining unit working for the company at any point between November 1, 1997 and January 31, 1999 a reimbursement of all plate rental fees paid by them beyond the rate of $100.00 per month during the above noted fifteen month period.
ii) Without limiting the generality of the foregoing the company and the union shall attempt to identify the precise amount of reimbursement which is owed to each driver as per the formula set out in paragraph 1 above. The Ontario Labour Relations Board shall remain seized to resolve any outstanding disputes.
iii) The company agrees to pay to each driver a minimum of one-third of the lump sum owed individually to them on or before October 15, 2001, a minimum of one-third of the lump sum owed individually to them on or before November 15, 2001 and the balance on or before December 15, 2001.
iv) The parties agree that this Settlement represents a full and final settlement of all compensation issues arising from paragraphs 74 (b) and (c) of the Board’s April 7, 1999 decision in the file referenced in this Settlement. The parties also agree that as of the date of this Settlement, there were no other outstanding compensation issues arising from the Board’s decision.
v) This Memorandum of Settlement shall be governed by, and interpreted in accordance with, the laws of the Province of Ontario, as applicable as they exist on the Effective Date of this Memorandum of Settlement.
vi) Each of the parties covenants and agrees that the individual who has executed this Memorandum of Settlement on its behalf was duly authorized to do so and to legally bind that party and its successors.
vii) The parties agree that a copy of this Memorandum of Settlement shall be sent via registered mail to each of the affected drivers in the CAW bargaining unit at company expense, with a copy of the cover letter provided to the CAW, and the settlement shall be posted in a prominent place in the Company’s Vanier Office where it can come to the attention of the drivers. Also, drivers shall be advised of the settlement over the Company dispatch system in a form to be agreed upon by the parties, twice per day and night shift for a one week period. The Board shall remain seized to resolve any outstanding disputes.
“Pamela A. Chapman”
for the Board