Power Workers’ Union Canadian Union of Public Employees, Local 1000 v. Sault Ste. Marie Public Utilities Commission

2086-00-R Power Workers’ Union Canadian Union of Public Employees, Local 1000, Applicant v. Sault Ste. Marie Public Utilities Commission, PUC Inc., PUC Services Inc., PUC Distribution Inc., PUC Energies Inc. and PUC Telecom Inc., Responding Parties.

BEFORE: Mary Ellen Cummings, Alternate Chair.

DECISION OF THE BOARD; May 14, 2001

1. This is an application for a declaration that there has been a sale of business within the meaning of section 69 of the Labour Relations Act (the “Act”)..

2. The parties have entered into the following Minutes of Settlement, in which they ask the Board to make certain declarations:

Board File No. 2086-00-R

MINUTES OF SETTLEMENT

POWER WORKERS’ UNION

CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 1000

Applicant

• and -

SAULT STE. MARIE PUBLIC UTILITIES COMMISSION,

PUC INC., PUC SERVICES INC., PUC DISTRIBUTION INC.,

PUC ENERGIES INC. AND PUC TELECOM INC.

Responding Parties

WHEREAS the Applicant filed an Application under section 69 and section 1(4) of the Labour Relations Act (the “Act”).

AND WHEREAS all of the parties to this proceeding wish to settle the matters in dispute in this application:

NOW THEREFORE the parties hereto agree as follows:

1. The Responding Parties agree that PUC Inc., PUC Distribution Inc., PUC Services Inc., and PUC Energies Inc. are successor employers to the Sault Ste. Marie Public Utilities Commission for the purposes of the Act and within the meaning of section 69 of the Act.

2. The Responding Parties agree that Sault Ste. Marie Public Utilities Commission, PUC Inc., PUC Distribution Inc., PUC Services Inc. and PUC Energies Inc. are each party to and bound by the current collective agreement and all successor collective agreements thereto between the Power Workers’ Union, Canadian Union of Public Employees, Local 1000 and the Sault Ste. Marie Public Utilities Commission, or any of the Responding Parties, as if they were each an original signatory to those collective agreements.

3. The Union withdraws the application with respect to PUC Telecom Inc. and PUC Telecom Inc. is not a Responding Party for the purposes of paragraphs 2 and 4(2) herein.

4. The parties hereto request the Board to issue the following declarations and orders on consent of the parties:

(1) The Board declares that PUC Inc., PUC Distribution Inc., PUC Services Inc., and PUC Energies Inc. are successor employers to the Sault Ste. Marie Public Utilities Commission for the purposes of the Act and within the meaning of section 69 of the Act;

(2) The Board declares that Sault Ste. Marie Public Utilities Commission, PUC Inc., PUC Distribution Inc., PUC Services Inc. and PUC Energies Inc. are each party to and bound by the current collective agreement and all successor collective agreements thereto between the Power Workers’ Union, Canadian Union of Public Employees, Local 1000 and the Sault Ste. Marie Public Utilities Commission, or any of the Responding Parties, as if they were each an original signatory to those collective agreements; and

(3) The application with respect to PUC Telecom Inc. is withdrawn.

DATED at Sault Ste. Marie this 27 day of April 2001.

“Illegible” (“Clyde Healey”)

For Power Workers’ Union ____ For Sault Ste. Marie Public

_________ Utilities Commission

(“Clyde Healey”)

For PUC Inc.

(“Clyde Healey”)

For PUC Distribution Inc.

(“Clyde Healey”)

For PUC Services Inc.

(“Clyde Healey”)

For PUC Energies Inc.

(“Clyde Healey”)

For PUC Telecom Inc.

3. Having regard to the parties’ agreement, the Board makes the following declarations:

(1) that PUC Inc., PUC Distribution Inc., PUC Services Inc., and PUC Energies Inc. are successor employers to the Sault Ste. Marie Public Utilities Commission for purposes of the Act and within the meaning of section 69 of the Act; and

(2) that Sault Ste. Marie Public Utilities Commission, PUC Inc., PUC Distribution Inc., PUC Services Inc. and PUC Energies Inc. are each party to and bound by the current collective agreement and all successor collective agreements thereto between the Power Workers’ Union, Canadian Union of Public Employees, Local 1000 and the Sault Ste. Marie Public Utilities Commission, or any of the responding parties, as if they were each an original signatory to those collective agreements.

“Mary Ellen Cummings”

for the Board