Teamsters Local Union 91 v. Glopak Inc.
2633-00-R Teamsters Local Union 91, Applicant v. Glopak Inc., Responding Party v. Union of Employees of Glopak, Intervenor.
BEFORE: Bram Herlich, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; May 10, 2001
1This is an application for certification which was previously asserted to be untimely.
2The parties (including the intervenor “Union of Employees of Glopak” (“UEG”)) have now executed and filed the following Minutes of Settlement:
Board File No. 2633-00-R
Board File No. 2709-00-U
ONTARIO LABOUR RELATIONS BOARD
Between:
TEAMSTERS LOCAL UNION 91
Applicant
-and-
GLOPAK INC.
-and-
UNION OF EMPLOYEES OF GLOPAK
Responding Parties
MINUTES OF SETTLEMENT
WHEREAS Teamsters Local Union 91 (“Local 91”) filed an Application for Certification on December 1, 2000 which forms the subject matter of Ontario Labour Relations Board File No. 2633-00-R;
AND WHEREAS Glopak Inc. filed a Response to Application for Certification in which it alleged that there is in effect a collective agreement between Glopak Inc. and Union of Employees of Glopak (“UEG”) which acts as a bar to the Application for Certification filed by Local 91, and UEG filed a similar Response;
AND WHEREAS Local 91 filed an Application under Section 96 of the Act on December 7, 2000 alleging, inter alia, that the collective agreement between Glopak Inc. and UEG is not, pursuant to section 53 of the Labour Relations Act, 1995 (the “Act”), a collective agreement for the purposes of the Act and that UEG is not a trade union within the meaning of subsection 1(1) of the Act and that the certificate obtained by it was in violation of section 15 of the Act which forms the subject matter of Ontario Labour Relations Board File No. 2709-00-U;
AND WHEREAS Teamsters Local 91, Glopak Inc. and UEG wish to resolve all of the matters among them without litigation;
NOW THEREFORE Local 91, Glopak Inc. and UEG agree as follows and request that the Board incorporate these Minutes of Settlement in a decision as a consent order and make the appropriate declarations and orders;
Glopak Inc. and UEG hereby jointly request that the Board revoke the certificate issued to UEG by decision of the Board dated September 2, 1999 in Board File No. 1249-99-R.
Glopak Inc. and UEG hereby jointly request that the Board declare the collective agreement between Glopak Inc. and UEG not to be, pursuant to section 53 of the Act, a collective agreement for the purposes of the Act.
Glopak Inc. and UEG agree that a representation vote should be ordered in connection with the Local 91 Application for certification filed December 1, 2000 (Board File No. 2633-00-R).
UEG hereby withdraws its Response to the Application for Certification filed December 1, 2000 (Board File No. 2633-00-R).
Teamsters Local Union 91 hereby withdraws its Application under section 96 of the Act (Board File No. 2709-00-U).
The Board will remain seized in the event that any issues arise with respect to the implementation of these Minutes of Settlement.
The Parties agree that a facsimile transmission signature is acceptable and shall bind the Parties to this Agreement in the same manner as an original.
Dated this 3rd day of May, 2001
“Jacques Giroux” 04/May/2001
for Glopak Inc.
“illegible signature”
for Union of Employees of Glopak
“A. Papineau” 4th May 2001
for Teamsters Local Union 91
3Having regard to the agreement of the parties, the Board hereby revokes the certificate issued to UEG in Board File 1429-99-R and further declares that in view of section 53 of the Labour Relations Act, 1995, (the “Act”) the “collective agreement” between Glopak Inc. and UEG is not a collective agreement within the meaning of the Act.
4Having further regard to the agreement of the parties, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Glopak Inc. in Eastern Ontario (as defined in the Charter of Teamsters Local Union 91) save and except Supervisors, those above the rank of supervisor, office and clerical and sales staff.
5The vote will be held on May 15, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote".
6The Board notes that the parties have agreed on the list of eligible voters.
7Voters will be asked whether or not they wish to be represented by the applicant in their employment relations with the responding party.
8The responding party is directed to post copies of this decision and of the "Notice of Vote" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
9Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, including any matters relating to the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 4: Status Disputes in Certification Applications (Non-Construction).
10The hearing scheduled for May 14 and 15, 2001 in this matter is hereby cancelled.
11The matter is referred to the Registrar.
“Bram Herlich”
for the Board