Teamsters Local Union No. 230 v. Lafarge Canada Inc., 2001 CanLII 6646

Teamsters Local Union No. 230, Affiliated with the International Brotherhood of Teamsters v. Lafarge Canada Inc.

0850-01-U Teamsters Local Union No. 230, Affiliated with the International Brotherhood of Teamsters, Applicant v. Lafarge Canada Inc., Responding Party.

BEFORE: Stephen Raymond, Vice-Chair, and Board Members J.A. Rundle and R.R. Montague.

DECISION OF THE BOARD; August 28, 2001

1This matter was scheduled for hearing on Monday, August 20, 2001. With the assistance of a Labour Relations Officer, the parties settled the matter and requested that the Memorandum of Settlement be reproduced as a decision of the Board.

2The settlement is as follows:

Bd. File No. 0850-01-U

MEMORANDUM OF SETTLEMENT

Between

Teamsters, Local 230 (the "Union")

-and-

Lafarge Canada Inc. (the "Employer")

WHEREAS the Union filed an Application bearing OLRB File No. 0850-01-U;

AND WHEREAS the Union has alleged that the Employer has violated the April 19, 2000 settlement between the Parties in OLRB File No. 1584-99-U;

AND WHEREAS the Parties wish to resolve the above noted disputes, having regard to recent changes to the Employment Standards Act;

THEREFORE the Parties agree as follows:

1. "Bearbrook Collective Agreement" means the collective agreement between the Parties which relates specifically to the Employer's facility at 1659 Bearbrook Road, Gloucester, Ontario.

2. The Employer agrees to pay, as a retiring allowance, the sums set out below (less all applicable statutory deductions) to the following individuals:

$16,570.40 Bryan Kelly

$16,570.40 Claude Villeneuve

$16,570.40 Gerry Daniels

The cheques shall be provided as soon as practicable.

3. In consideration for the payment specified in paragraph (2), supra, the Union agrees, on its own behalf and on behalf of those individuals listed in paragraph (2), supra, to Release the Employer, its Officers, Directors and Agents from all liability arising from the employment of those individuals by the Employer, including but not limited to the termination or cessation thereof.

4. The individuals listed in paragraph (2), supra, may make Application to the Employer to work at any existing or new Lafarge Ready-Mix facility in the Ottawa-Carleton region, and the Employer shall not discriminate against them in hiring because they received the severance payment outlined in paragraph (2), supra, and shall consider any such application in good faith.

5. If any of the individuals listed in paragraph (2), supra, are successful in a future application for employment at a Lafarge Ready-Mix facility in the Ottawa-Carleton region, they shall be deemed in all respects to be new employees to the Employer. They shall, however, be deemed to have successfully passed their probationary period.

6. The Parties agree to meet and bargain in accordance with their obligations under s.17 of the Ontario Labour Relations Act with a view to reaching a renewal Bearbrook Collective Agreement.

7. The Parties agree that should the Employer open a new ready-mix operation in the Ottawa-Carleton region and employ employees either at, or in and out of, that facility, the Parties shall meet to discuss any related issue raised by either party, including but limited to whether the Employer is prepared to recognize the Union as the exclusive bargaining agent of those employees without the necessity of an Application for Certification. This is not to be construed as a commitment on the part of the Employer to voluntarily recognize the Union. The Parties agree to reach a mutually agreeable date for such meeting should this clause be triggered.

8. This settlement is without prejudice or precedent, and without any admission of liability on the part of any Person or Party.

9. This settlement is a settlement enforceable pursuant to s.96(7) of the Ontario Labour Relations Act.

10. The Parties agree that this settlement constitutes full and final settlement of all issues in dispute between the Parties arising from OLRB Files 1584-99-U and 0850-01-U. The Union agrees that it may not rely on any allegation or alleged material fact giving rise to or raised in OLRB Files 1584-99-U and 0850-01-U, with the exception noted in paragraph (11), infra.

11. The Parties agree that the Union may rely on allegations of a violation of s.17 of the Ontario Labour Relations Act raised in OLRB File No. 0850-01-U only in the event it takes the position in a future application that the Employer has violated s.17 with regard to the renewal of the Bearbrook Collective agreement and seeks to rely upon a pattern of conduct. The Parties agree that the Employer has, to date, denied all such allegations, and reserves its rights to make all relevant arguments in relation thereto.

12. The Parties request that this settlement be made an Order of the OLRB.

Dated at Toronto, this 20th day of August, 2001.

("Rene Bissonnette") ("Anthony Johnson")

For the Union For the Employer

Rene Bissonnette Anthony Johnson

("John O'Brien")

For the Employer

John O'Brien

3The Board makes the orders as contemplated by the Memorandum of Settlement.

"Stephen Raymond"

for the Board