1943-00-R International Brotherhood of Electrical Workers, Local 636, Applicant v. The Public Utility Commission of the City of Stratford, The Corporation of the City of Stratford, Responding Parties v. Canadian Union of Public Employees, Local 197, Canadian Union of Public Employees, Local 1385, Intervenors.

BEFORE: Brian McLean, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.

DECISION OF THE BOARD; April 20, 2001

1. This is an application under section 69 of the Labour Relations Act, 1995 (“the Act”).

2. The parties have settled this matter on the following basis:

O.L.R.B. File No. 1943-00-R

B E T W E E N:

INTERNATIONAL BROTHERHOOD OF

ELECTRICAL WORKERS, LOCAL 636

Applicant

• and -

THE PUBLIC UTILITY COMMISSION OF THE

CITY OF STRATFORD

THE CORPORATION OF THE CITY OF STRATFORD

Responding Parties

• and -

CANADIAN UNION OF PUBLIC EMPLOYEES,

LOCAL 197

CANADIAN UNION OF PUBLIC EMPLOYEES,

LOCAL 1385

Intervenors

MINUTES OF SETTLEMENT AND CONSENT ORDER

WHEREAS the Public Utilities Commission of the City of Stratford (“the PUC”) and the International Brotherhood of Electrical Workers, Local 636 (“I.B.E.W. Local 636”) are parties to two collective agreements with respect to full time and part time employees of the Transportation Department.

AND WHEREAS the Corporation of the City of Stratford (“Stratford”) is bound by collective agreements with the Canadian Union of Public Employees Local 197 (“CUPE Local 197”) and the Canadian Union of Public Employees Local 1385 (“CUPE Local 1385”).

AND WHEREAS by by-law effective October 1, 2000 the Transportation Department of the PUC was transferred to Stratford requiring a transfer of all assets including transit vehicles as well as employees of the Transportation Department from the PUC to Stratford.

AND WHEREAS Stratford operates the Transportation Department as a separate, stand alone department from all other employees of Stratford.

AND WHEREAS I.B.E.W. Local 636 has applied to the Ontario Labour Relations Board pursuant to section 69 of the Labour Relations Act, 1995 (“the Act”) for a declaration that Stratford is the successor employer with respect to employees represented by I.B.E.W. Local 636 in the Transportation Department.

NOW THEREFORE the Parties have agreed to settle their differences and request that the Ontario Labour Relations Board issue the following declarations and orders:

1. Stratford is the successor employer to the PUC with respect to employees of the Transportation Department and is bound by the following bargaining unit descriptions and collective agreements:

(a) All employees of the Corporation of the City of Stratford Transportation Department save and except foremen, persons above the rank of foreman, office and sales staff, persons regularly employed for not more than twenty-four (24) hours per week, students employed during the school vacation period and students employed in a co-operative training basis (Transportation Department Full-Time Bargaining Unit);

(b) I.B.E.W. Local 636 and Stratford are bound by the Collective Agreement between I.B.E.W. Local 636 and the PUC with respect to the bargaining unit described in paragraph (i) above effective until April 30, 2001;

(c) All employees of the Corporation of the City of Stratford Transportation Department regularly employed for not more than twenty-four (24) hours per week, save and except foremen, persons above the rank of foreman, office and sales staff, students employed during the school vacation period and students employed in a co-operative training basis (Transportation Department Part-Time Unit); and

(d) I.B.E.W. Local 636 and Stratford are bound by the Collective Agreement between the PUC and I.B.E.W. Local 636 with respect to the bargaining unit described in paragraph (iii) above effective until May 2, 2001.

2. For purposes of clarity:

The Transit Manager and the Transit Supervisor transferred from the PUC to the City of Stratford Transportation Department are excluded from the CUPE Local 197 and CUPE Local 1385 bargaining unit definitions in their respective collective agreements and are not covered by the existing collective agreements between the Corporation of the City of Stratford and CUPE Local 197 and CUPE Local 1385.

DATED AT TORONTO THIS 28^TH DAY OF FEBRUARY, 2001

INTERNATIONAL BROTHERHOOD

OF ELECTRICAL WORKERS, THE PUBLIC UTILITY COMMISSION

LOCAL 636 OF THE CITY OF STRATFORD

“Harold G. Vance” “P.G. Switzer”

CANADIAN UNION OF PUBLIC THE CORPORATION OF THE CITY

EMPLOYEES, LOCAL 197 OF STRATFORD

“Illegible Signature” “Illegible Signature”

CANADIAN UNION OF PUBLIC

EMPLOYEES, LOCAL 1385

“Illegible Signature”

3. Having regard to the agreement of the parties, the Board declares:

(1) Stratford is the successor employer to the PUC with respect to employees of the Transportation Department and is bound by the following bargaining unit descriptions and collective agreements:

(a) All employees of the Corporation of the City of Stratford Transportation Department save and except foremen, persons above the rank of foreman, office and sales staff, persons regularly employed for not more than twenty-four (24) hours per week, students employed during the school vacation period and students employed in a co-operative training basis (Transportation Department Full-Time Bargaining Unit);

(b) I.B.E.W. Local 636 and Stratford are bound by the Collective Agreement between I.B.E.W. Local 636 and the PUC with respect to the bargaining unit described in paragraph 3(1)(a) effective until April 30, 2001;

(c) All employees of the Corporation of the City of Stratford Transportation Department regularly employed for not more than twenty-four (24) hours per week, save and except foremen, persons above the rank of foreman, office and sales staff, students employed during the school vacation period and students employed in a co-operative training basis (Transportation Department Part-Time Unit); and

(d) I.B.E.W. Local 636 and Stratford are bound by the Collective Agreement between the PUC and I.B.E.W. Local 636 with respect to the bargaining unit described in paragraph 3(1)(c) effective until May 2, 2001.

(2) For purposes of clarity, the Board declares:

The Transit Manager and the Transit Supervisor transferred from the PUC to the City of Stratford Transportation Department are excluded from the CUPE Local 197 and CUPE Local 1385 bargaining unit definitions in their respective collective agreements and are not covered by the existing collective agreements between the Corporation of the City of Stratford and CUPE Local 197 and CUPE Local 1385.

“Brian McLean”

for the Board