0839-00-R; 0903-00-U United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 221, Applicant v. Prime Mechanical Inc., Responding Party.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; July 23, 2001
- This is an application for certification brought pursuant to the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995, ch. 1 (the “Act”). On July 17, 2001, the parties entered into Minutes of Settlement which provide as follows:
OLRB FILES NO. 0839-00-R, 0903-00-U
United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 221
the Applicant
and -
Prime Mechanical Inc.
- the Responding Party
MINUTES OF SETTLEMENT AND CONSENT ORDER
WHEREAS the Board has scheduled many days of hearing in this application for certification, application under ss. 11(1), and unfair labour practice complaint;
AND WHEREAS the parties have met with a Labour Relations Officer and have resolved the issues in dispute between them;
THEREFORE, the parties agree as follows and request that the Board issue a decision reproducing these Minutes of Settlement;
The Responding Party shall pay $5,000.00 to the Applicant by no later than July 30, 2001.
The Applicant is entitled to a second representation vote. The terms of that vote are as follows:
(i) At any time prior to or on September 22, 2001, the Applicant may request that the Board schedule a second representation vote under these Minutes. The date of the Applicant’s request to the Board shall be the date of the application. The Applicant shall forward a copy of its request to the Board to the Responding Party;
(ii) All of the Board’s normal rules and procedures shall apply to the new vote and the parties expect that the representation vote will be held five days after the Applicant has made its request;
(iii) The eligible voters in the second representation vote shall be those employees agreed to be properly on the list in OLRB File No. 0839‑00-R, i.e. the following employees:
Beentjes, Nick
Cumming, Daniel
Darling, Steve
Iacurci, Jim
Gervais, Francois
Kelsey, Cary
Lanouette, Denis
Lauzon, Harold
Longchamps, Michael
McWade, Robert
Woodland, Don, and
Paquette, Robert – but only if the Responding Party provides the Applicant with evidence that Mr. Paquette is a qualified plumber or apprentice plumber, as those terms are described in the Trades Qualifications Act, and which evidence establishes that Mr. Paquette was properly qualified on the original date of application, June 14, 2000;
(iv) Neither party shall raise any challenges or objections under s. 8.1 to the list agreed in (iii);
(v) The parties shall be bound by the results of that representation vote.
The Responding Party shall provide the Applicant with the last known addresses and phone numbers for the above-listed 12 employees by on or before July 26, 2001.
The Responding Party shall post the attached notice in conspicuous locations on its construction projects and in its office for a period of two weeks from the date of the Board decision. In addition, the Responding Party shall mail a copy of this notice to the last known address for all of the above-named employees who are no longer employed by the Responding Party within a week of the Board’s decision.
The Applicant is entitled to have a meeting with all of the employees on the list of eligible voters on company time and premises. The terms of that meeting are as follows:
a. the parties shall agree on a mutually convenient date for the meeting, such meeting to be held on or before September 8, 2001;
b. the meeting shall be held in the office of the Responding Party and shall be scheduled for the final hour of the employees’ regular workday;
c. the Responding Party shall pay regular wages for one hour for all employees on the list of eligible voters for their attendance at the meeting;
d. attendance at the meeting is mandatory for all of the employees on the list of eligible voters who are still employed on the date of the meeting and they shall be compensated for the necessary travel time to return to the office for the meeting;
e. the Responding Party shall leave the office premises during the Union’s meeting and no management shall return to the premises until 45 minutes after the meeting is scheduled to finish.
These Minutes of Settlement are entered into in full and final resolution of these Board proceedings and in resolution of all matters between the parties arising prior to the date hereof.
By signing these Minutes of Settlement, the individuals named in the complaint accept the terms hereof in full and final resolution of all issues between them and the Responding Party prior to the date hereof and acknowledge that they have been fairly represented by the Applicant.
DATED AT TORONTO THIS 17^TH^ DAY OF JULY, 2001.
“Brian Christie”
FOR THE APPLICANT
“Bernard Feinberg”
FOR THE RESPONDING PARTY
“C. Kelsey”
CARY KELSEY
“Michael Longchamps”
MICHAEL LONGCHAMPS
THE LABOUR RELATIONS ACT, 1995
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE ONTARIO LABOUR RELATIONS BOARD
In June 2000, the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 221 (“the Union”) applied to become the bargaining agent for employees of Prime Mechanical Inc. (“the Employer”). Since that time, the Union and the Employer have been involved in litigation before the Ontario Labour Relations Board. The Board had scheduled a hearing on several days beginning in July, 2001. At that time, the Union and the Employer met and resolved their differences in Minutes of Settlement that have been reproduced as a decision of the Board. This Notice to Employees is posted as part of the parties’ agreement.
It is important that all employees know their rights under the Labour Relations Act, 1995. The Act gives employees the following rights:
To join a trade union and to participate in its lawful activities
To cast a secret ballot in a representation vote, either in favour of or in opposition to, representation by a trade union in their relations with their employer
To act together for the purposes of collective bargaining
To refrain from doing any of these things
To be free from any discrimination in employment, and from intimidation or coercion in the exercise of any of these rights.
The Union and the Employer are aware of these rights and respect these rights for the employees of Prime Mechanical Inc.
Before October 1, 2001, the Board may hold another representation vote among the employees in the bargaining unit who were employed by the Employer on June 14, 2000. In addition, the Union will hold an information meeting for employees at the Employer’s offices on or before September 8, 2001, during regular working hours. Attendance at that meeting will be mandatory for those employees still employed by the Employer who are eligible to vote in the new representation vote and they shall be paid to attend. The parties will advise you of the date and time of the meeting with the Union. The Board will advise you of arrangements for the new representation vote.
This is an official notice of the Board and must not be removed or defaced for two weeks from the date hereof.
DATED AT TORONTO THIS DAY OF , 2001.
- In light of the agreement of the parties, the Board makes the orders and directions set out in the Minutes of Settlement.
“David A. McKee”
for the Board