Ontario Labour Relations Board
File No.: 3179-00-ES Employment Practices Branch File No.: 34002176
Between: International Brotherhood of Electrical Workers, Local 353; International Brotherhood of Electrical Workers; Toronto Electrical Industry Benefit Administration Services Ltd.; International Brotherhood of Electrical Workers Construction Council of Ontario, Applicants v. Ministry of Labour, Responding Party.
Before: David A. McKee, Vice-Chair.
Decision of the Board: September 20, 2001
Decision
1This is an application for a review of an Order to Pay issued by an employment standards officer pursuant to section 68 of the *Employment Standards Act*, R.S.O. 1990 ch. E-14 ("the Act"). On the day scheduled for the hearing of this matter the parties entered into Minutes of Settlement which provide as follows:
OLRB File No. 3179-00-ES
Minutes of Settlement
BETWEEN:
International Brotherhood of Electrical Workers Local 353,
International Brotherhood of Electrical Workers,
Toronto Electrical Industry Benefit Administration
Services Ltd. and IBEW Construction Council of Ontario
(Applicants)
and
William Robinson, Steve Milne, David Hussey
(Responding Parties)
WHEREAS the Parties wish to resolve all issues arising in this matter;
THE PARTIES therefore agree as follows:
- International Brotherhood of Electrical Workers Local 353 (“IBEW, Local 353”) shall pay to each of the Responding Parties the sum of $10,000 severance pay as full and final settlement of all issues arising from their claim for severance pay. The parties agree that payment of the severance pay shall be made no later than Monday, September 24, 2001 as set out below:
a) paid directly to Steve Milne and to David Hussey with the minimum applicable withholding taxes required deducted; and
b) in the case of William Robinson directly to his Registered Retirement Savings Plan as set out in the letter attached as Schedule “A” to these Minutes of Settlement.
The Responding Parties consent to the rescinding of the order of the Employment Standards Officer (Order to Pay No. 57541).
The Parties agree that the funds paid to the director of Employment Practices in connection with this appeal, including the 10% administration fee, should be refunded to IBEW, Local 353.
The Parties agree to request that the terms of paragraph 1 of these Minutes of Settlement be made a consent order of the Board and agree that this application is hereby terminated.
Signed at Toronto this 20th day of September 2001.
[Rob Gibson]
International Brotherhood of Electrical Workers, Local 353
[Anne Cumming]
International Brotherhood of Electrical Workers
Ogilvy Renault [M. McFadden]
Toronto Electrical Industry Benefit Association Services Ltd.
John Pender
IBEW Construction Council of Ontario
John Pender
William Robinson
William Robinson
Steve Milne
Steve Milne
David Hussey
David Hussey
2In addition, the Ministry of Labour provided the Board with the following submission:
If the attached Minutes of Settlement are endorsed by the Ontario Labour Relations Board, the Ministry of Labour will return the funds paid into trust regarding the appeal including administration costs to IBEW Local 353 and will request the Officer to rescind the Order to Pay.
Sept. 20, 2001 Ministry of Labour
per:M. Klein counsel, Legal
Services Branch, without personal
liability of M. Klein
3Having regard to the Minutes of Settlement and the submissions of the Ministry, the Board makes the following order:
The Board orders International Brotherhood of Electrical Workers Local 353 (IBEW Local 353”) to pay to each of William Robinson, Steve Milner and David Hussey the sum of $10,000 severance pay as full and final settlement of all issues arising from their claim for severance pay no later than Monday, September 24, 2001 as follows:
(a) IBEW Local 353 shall pay the monies to David Hussey and Steve Milner, less the minimum withholding taxes required by law to them directly;
(b) IBEW Local 353 shall pay the monies owing to William Robinson directly to his Registered Retirement Savings Plan, in the manner set out in Schedule “A” to the Minutes of Settlement.
4Pursuant to section 69.1(5) these applications are terminated.
“David A. McKee”
for the Board