Otis Canada Inc. v. International Union of Elevator Constructors, Local 50, 2001 CanLII 4109

Otis Canada Inc. v. International Union of Elevator Constructors, Local 50 and Rick Baxter

File No.: 0151-01-U Date: April 19, 2001

Otis Canada Inc., Applicant v. International Union of Elevator Constructors, Local 50 and Rick Baxter, Responding Parties.

BEFORE: D. L. Gee, Vice-Chair.

DECISION OF THE BOARD

1. This is an application under section 144 of the Labour Relations Act, 1995 that was filed with the Board on April 12, 2001. Prior to the hearing of this matter, the parties entered into a settlement agreement as follows:

Board File # 0151-01-U

Between:

Otis Canada Inc.

Applicant

and

International Union of Elevator Constructors Local 50

and

Rick Baxter

Responding Parties

As the applicant has filed an application under sec 144 of the Act regarding an unlawful strike and the parties wish to resolve the matter, they request the Board to make the following orders and declarations as a consent order:

(1) A declaration that the activity of IUEC Local 50 members acting in concert to refuse to perform stand by or call back or other scheduled work from 5:00 pm Thursday April 12, 2001, to 8:00 am Tuesday April 17, 2001 constituted an unlawful strike.

(2) A declaration that officials of Local 50 have breached sec 81 and sec 83 of the L.R.A. by counselling, supporting or encouraging employees of Otis not to perform work between 5 pm Thursday April 12, 2001 and Tuesday April 17, 2001.

(3) Local 50 acknowledges that sec 85 of the L.R.A. which reads:

85. No trade union shall suspend, expel or penalize in any way a member because the member has refused to engage in or to continue to engage in a strike that is unlawful under this Act,

prohibits a trade union from, suspending, expelling or penalizing in any way, members who refuse to engage in unlawful strikes.

(4) A direction that Local 50 post a copy of this decision in its union hall for a period of 90 days and bring this decision to the attention of its members.

(5) Otis agrees that it will not discipline employees who did not work in the period 5 pm April 12, 2001 to 8 am April 17, 2001.

(6) IUEC Local 50 shall pay to Otis Canada Inc the sum of $3,000.00 forthwith and Otis agrees that it will not make any other claims for damages or compensation against Local 50 and or its members in connection with the unlawful strike as described above.

Dated at Toronto this 18th day of April, 2001.

"Richard Baxter" "Barry Barnes"

IUOE Local 50 Otis

"Richard Baxter"

R. Baxter

2. Having regard to the terms of the settlement agreement, the Board makes the following orders, directions and declarations:

(i) the Board declares that the activity of IUEC Local 50 members acting in concert to refuse to perform stand by or call back or other scheduled work from 5:00 p.m. Thursday, April 12, 2001, to 8:00 a.m. Tuesday, April 17, 2001 constituted an unlawful strike.

(ii) the Board declares that officials of Local 50 have breached section 81 and section 83 of the Labour Relations Act, 1995 by counselling, supporting or encouraging employees of Otis not to perform work between 5:00 p.m. Thursday, April 12, 2001 and 8:00 p.m. Tuesday, April 17, 2001.

(iii) The Board directs that Local 50 post a copy of this decision in its union hall for a period of 90 days and bring this decision to the attention of its members.

(iv) The Board orders IUEC Local 50 to forthwith pay the sum of $3,000.00 to Otis Canada Inc.

3. The Board notes the agreement of Otis Canada Inc., which is binding upon it pursuant to section 96(7) of the Labour Relations Act, 1995, not to discipline employees who did not work in the period between 5:00 p.m. on April 12, 2001 and 8:00 a.m. on April 17, 2001, and not to make any other claims for damages or compensation against Local 50 and or its members in connection with the unlawful strike that forms the subject matter of this application.

"D. L. Gee"

for the Board