1071-01-U Industrial Wood & Allied Workers of Canada Local 2693, Applicant v. Pineal Lake Lumber Company Limited and Ted Porter, Responding Parties.
1114-01-R I.W.A. Canada, Local 2693, Applicant v. Pineal Lake Lumber Company Limited, Responding Party.
BEFORE: Bram Herlich, Vice-Chair.
DECISION OF THE BOARD; November 8, 2001
- On the day scheduled for hearing in these matters, the parties executed and filed the following Memorandum of Settlement:
OLRB File Nos. 1071-01-U
1114-01-R
Industrial Wood & Allied Workers of Canada, Local 2693
(“Union”)
and
Pineal Lake Lumber Company Limited and Ted Porter
(“Respondents”)
MEMORANDUM OF SETTLEMENT
WHEREAS the union has filed an application under section 96 of the Labour Relations Act, 1995 (“Act”);
And
WHEREAS the union has also filed an application for certification and requested relief under section 11 of the Act in respect of the employees of the respondent;
THE PARTIES have met and wish to resolve all issues as set out below and request that the Board issue the appropriate orders and declarations:
The Parties agree that another representation vote will be held on November 19, 2001, in the Brake Out building lunchroom at Pineal Lake Lumber Company between the hours of 11 a.m. to 12 noon and request that the Board so order.
The Respondent Pineal and the Union agree that the appropriate bargaining unit in this application for certification is:
“all employees of Pineal Lake Lumber Company Limited located in the Township of Genier, save and except supervisors and persons above the rank of supervisor”. And request that the Board shall so declare.
- The parties agree that the voting constituency for the vote to be held pursuant to paragraph 1 is as follows and that there shall be no challenge to the eligibility of the following:
Lilliane Porter Nicole Venne
Don Foster Maria Hale
Thomas Jameus Alex Shawarda Sr.
Leonard Kenny Steven Golding
Bruce Hale Darrell Hanlon
Raymond Sicotte Patricia Sicotte
Brian Etter Kevin Linekar
Robert Court Philippe Gaudreau
Tina Lindsay Keith Jameus
Don Esquib Mike Desbiens
Kyle Jameus Yanick Boulay
Neil Reid Line Laurin
Kelvin Leggett Larry McKee
Mike Duguay Ulric Laroque
The parties further agree that Ted Porter, Walter Dupuis, Dorothy Legget and Kristy Jones are excluded on a without prejudice basis to any future proceedings or applications, and for the purpose of settlement only.
The Union acknowledges that supervisory personnel at the Respondent Pineal must perform bargaining unit work in order for the operation to properly function and the Union agrees that it will bargain a provision in a collective agreement which allows the performance of such work which is currently, or required, to be performed. The supervisory personnel and the work performed will be reserved for negotiations.
The Respondent Pineal agrees that any rehiring resulting from an increase in the workforce, vacancy, or new positions shall be in the order of Tina Lindsay, Mike Desbiens, Neil Reid, Line Laurin, Donald Esquib, Janick Boulay and Kyle Jameus subject to the following terms:
a) The person must report to work within 48 hours of contact per paragraph (b) below for the job opportunity arising;
b) The Respondent Pineal will contact the person at the last known telephone number or address provided by the individual, any change of address or telephone number to be given to Ted Porter in writing;
c) The person will be paid at the hourly rate being paid for the job at the time of reporting;
d) The person must be qualified, willing and able to perform the job offered.
It is understood and agreed that the above-named individuals are not employees for the purpose of the Employment Standards Act, 2000 of the Respondent Pineal for the period the rehire provision applies as set out below.
If the Union loses the vote set out in paragraph 1 above, then the above-named persons shall have no rehire entitlement and the Respondent Pineal has no obligation to rehire. However, if the Union is successful in the aforementioned vote and is certified by the Board then a recall provision will be negotiated at the collective agreement stage.
The parties agree that the Respondent Pineal and the Union can hold a meeting subject to the conditions of the Act for 1 hour during working hours of all persons entitled to vote in the Brake Out area. No excluded or other management person can attend the Union meeting. No Union official or representative can attend the Respondent Pineal meeting. The Union meeting will be held between the hours of 9 a.m. to 10 a.m. on the date of the vote, and employees currently working for Pineal will be paid by Pineal for that time.
The Union agrees that this constitutes a full and final settlement of the allegations in Board File No. 1071-01-U and the section 96 and section 11 applications are withdrawn. Further, the Union agrees that it will not rely upon any actions, or these allegations against, the Respondents, including Darrel Hanlon, which were the subject of these aforementioned applications, or which could have been raised in these applications in any future proceedings before the Board, save only the enforcement or implementation of this Memorandum of Settlement.
The terms of the Memorandum to be issued as a consent order of the Board.
Dated this 5th day of November, 2001 in Timmins.
“B. Poulin” ” “Robert Mason’’
IWA, Loc. 2693 Pineal Lake Lumber Company Limited
“Ted Porter”
Ted Porter
- Having regard to the agreement of the parties the Board hereby:
a) finds that
all employees of Pineal Lake Lumber Company Limited located in the Township of Genier, save and except supervisors and persons above the rank of supervisor,
constitute a unit of employees of the responding party appropriate for collective bargaining; and
(b) directs that a further representation vote be held in Board File No. 1114-01-R on Monday, November 19, 2001.
The Board notes that the parties have agreed on the list of employees eligible to cast ballots in the representation vote directed herein.
Voters will be asked to indicate whether or not they wish to be represented by the applicant trade union in their employment relations with the responding party employer in the certification application.
Other vote arrangements will be determined by the Registrar and set out in the attached “Notice of Vote”.
Having further regard to the agreement of the parties, the application in Board File No. 1071-01-U is hereby withdrawn by leave of the Board. The Board notes, as well, that the applicant has withdrawn its request for relief under section 11 of the Act in the certification application.
The responding party employer is directed to post copies of this decision and of the “Notice of Vote” in locations(s) where they are likely to come to the attention of all affected employees. These copies must remain posted for 30 days.
The matter is referred to the Registrar.
“Bram Herlich”
for the Board