3771-00-G International Brotherhood of Electrical Workers Local 586, Applicant v. Crawford and Murray Electric Limited ("C & M Electric"), Responding Party.
BEFORE: David A. McKee, Vice-Chair, and Board Members G. Pickell and A. Haward.
APPEARANCES: James Barry, Robert Monti, John Harrison, Andrew Dunham, Richard Collins and Nelson Cybulski for the applicant; Wayne Crawford and Michael S. Ruddy for the responding party.
DECISION OF THE BOARD; April 25, 2001
- At the hearing of this matter, the parties advised the Board that they had entered into Minutes of Settlement covering most of the issues raised in the grievance referred to the Board. These Minutes were filed and provides as follows:
OLRB FILE NO. 3771-00-G
Between:
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
LOCAL 586 (IBEW)
- and -
Crawford and Murray Electric Limited
("C & M Electric")
MINUTES OF SETTLEMENT
WHEREAS, the IBEW filed a Referral of Grievance to Arbitration under Section 133 of the Labour Relations Act ("the Act") with the Ontario Labour Relations Board ("the Board") dated March 20, 2001;
AND WHEREAS C & M Electric filed a Response with the Board April 4, 2001, and the matter came on for hearing at the Board in Toronto on April 4, 2001, in accordance with the provisions of the Act.
AND WHEREAS the parties were able to negotiate and resolve the majority of the issues raised in the Referral of Grievance, prior to the calling of evidence;
Therefore the parties agree as follows:
C & M Electric agrees that all fixture chains are to be fabricated on site in accordance with Article 507 of the Principal Agreement, by members of the IBEW during regular working hours. This provision is subject to an IBEW employee on light and modified duties who shall be permitted to fabricate fixture chains at the shop of C & M Electric or as may be directed by C & M Electric, on notice to the IBEW.
C & M Electric admits it improperly paid foreman as alleged in the IBEW grievance referral and it agrees to pay the amounts set out in paragraphs 5 through 12 below to the IBEW for men named in the Notice of Grievance dated February 21, 2001 and to pay such damages as are specified below.
C & M Electric agrees that Andre LaSalle is a general foreman at the University of Ottawa site and that Phillipe Richard is the general foreman at the Carleton University site. They are entitled to be paid 20% above the journeyman rate.
C & M Electric agrees, without prejudice, that no work claimed by the IBEW as work of the trade will be performed by non-union labour while the matter is adjourned. Yves Blanchette and Gordon Kettles are not to work on the site during the term of the adjournment. The IBEW acknowledges that Gordon Kettles makes truck deliveries to the site which is exempt from this restriction. If the parties cannot agree as to what work is not work of the trade within one month, the matter will be returned to the Ontario Labour Relations Board.
Retroactive premium pay for Andre LaSalle is agreed to be $2,135.00.
Retroactive premium pay for Phillipe Richard is agreed to be $1,376.00.
Retroactive premium pay for Chris Crawford is agreed to be $3,700.00.
Retroactive premium pay for Andrew Winch is agreed to be $1,426.00.
Retroactive premium pay for Tom Moore is agreed to be $372.00.
Retroactive premium pay for Mark Snider is agreed to be $1,000.00.
Retroactive premium pay for Mark Graham is agreed to be $74.00.
Retroactive premium pay for Trevor Dougherty is agreed to be $582.00.
C & M Electric agrees to pay 10% vacation pay on the amounts specified in paragraphs 5 through 12. The IBEW agrees that C & M Electric shall withhold all proper statutory deductions. Individual cheques shall be provided to the IBEW.
These Minutes shall be in full and final settlement and complete satisfaction of all claims of the IBEW as set out in its Referral of Grievance dated March 20, 2001 and Notice of Grievance dated February 21, 2001, save and except non-bargaining unit issues (with the exception of the fixture chain prefabbing issue, which has been settled as set out above).
This Agreement is an agreement pursuant to 96(7) of the Act and the parties jointly request that these Minutes be made an Order of the Board.
Any remaining issues are adjourned sine die, on consent.
DATED AT TORONTO: APRIL 4, 2001
"James Barry"
FOR THE UNION:
Mr. JAMES BARRY
"K. Wayne Crawford"
FOR THE COMPANY:
MR. KENNETH WAYNE CRAWFORD
- The Board makes the Orders and Directions provided for in the Minutes of Settlement and adjourns the outstanding issues sine die for a period not exceeding one year. Unless within that time either party requests that the Board proceed with the matter, it will be deemed terminated without any further notice to the parties.
"David A. McKee"
for the Board