International Brotherhood of Electrical Workers, Local 636 v. Hamilton Hydro Inc.
0047-01-M International Brotherhood of Electrical Workers, Local 636, Applicant v. Hamilton Hydro Inc., Responding Party.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; June 1, 2001
1. The parties entered into a settlement dated May 15, 2001 as follows:
Board File # 0047-01-M
BETWEEN
IBEW Local 636
and
Hamilton Hydro Inc.
As a result of an application to the Ontario Labour Relations Board and a subsequent inquiry by the Board into the status of certain individuals, the following findings are hereby confirmed by the parties:
- The position(s) of engineering supervisor currently filled by Mike Yoshimoto and Kathy Larette are not employees for the purposes of the Act and are not in the bargaining unit.
2. The position of manager of Networks currently filled by Claudio Palazzo is not an employee for the purposes of the Act and is not in the bargaining unit.
3. The position of projects supervisor filled by Al Vance is not an employee for the purposes of the Act and is not in the bargaining unit.
4. The position of manager of rates and PBR currently filled by Dan Gapic is not an employee for the purposes of the Act and is not in the bargaining unit.
5. The manager of regulatory data is a vacant position and need not be decided or determined at this time.
6. The position of customer service supervisor currently filled by John Stevenson shall be renamed and restructured as head billing clerk and filled by John Stevenson. This position is in the bargaining unit and is considered an employee for the purposes of the Act. This finding is without prejudice to Hamilton Hydro Inc. posting a customer service supervisor position exercising managerial duties outside of the bargaining unit in the future and the union’s right to contest same.
7. The position of production supervisor currently filled by Peter Lilley shall be renamed and restructured as production co-ordinator and filled by Peter Lilley. This position is in the bargaining unit and is considered an employee for the purposes of the Act. This finding is without prejudice to Hamilton Hydro Inc. posting a production supervisor position exercising managerial duties outside of the bargaining unit in the future and the union’s rights to contest same.
8. The position of C.I.S. analyst filled by Cathy Livingstone is in the bargaining unit and is considered an employee for the purposes of the Act.
9. The issue of posting of the positions in 6, 7, 8, was raised and it was agreed that in order for these positions to be included in the bargaining unit no posting was necessary at this time.
- As a result of the above findings the parties request this document be reproduced in a decision of the Board and that this file will be withdrawn from further consideration by the Board.
DATED at Hamilton this 15^th^ day of May, 2001.
“E. T. O’Meira” “Murray Kwint”
IBEW E.T. O’Meara Hamilton Hydro
VP Amalgamation
Murray Kwint
- Having regard to the settlement, the Board makes the following findings and determinations:
(a) the position(s) of engineering supervisor currently filled by Mike Yoshimoto and Kathy Larette are not employees for the purposes of the Act and are not in the bargaining unit;
(b) the position of manager of Networks currently filled by Claudio Palazzo is not an employee for the purposes of the Act and is not in the bargaining unit;
(c) the position of projects supervisor filled by Al Vance is not an employee for the purposes of the Act and is not in the bargaining unit;
(d) the position of manager of rates and PBR currently filled by Dan Gapic is not an employee for the purposes of the Act and is not in the bargaining unit;
(e) the manager of regulatory data is a vacant position;
(f) the position of customer service supervisor currently filled by John Stevenson shall be renamed and restructured as head billing clerk and filled by John Stevenson. This position is in the bargaining unit and is considered an employee for the purposes of the Act. This finding is without prejudice to Hamilton Hydro Inc. posting a customer service supervisor position exercising managerial duties outside of the bargaining unit in the future and the union’s right to contest same;
(g) the position of production supervisor currently filled by Peter Lilley shall be renamed and restructured as production co-ordinator and filled by Peter Lilley. This position is in the bargaining unit and is considered an employee for the purposes of the Act. This finding is without prejudice to Hamilton Hydro Inc. posting a production supervisor position exercising managerial duties outside of the bargaining unit in the future and the union’s right to contest same;
(h) the position of C.I.S. analyst filled by Cathy Livingstone is in the bargaining unit and is considered an employee for the purposes of the Act;
(i) the issue of posting of the positions in 6, 7, 8, was raised and it was agreed that in order for these positions to be included in the bargaining unit no posting was necessary at this time;
- The application is hereby withdrawn with leave of the Board.
“Patrick Kelly”
for the Board