3564-00-R Metropolitan Toronto Condominium Corporation No. 734 (The Polo Club, 1055 Bay Street, Toronto, Ontario), Applicant v. Labourers’ International Union of North America, Local 183, Responding Party.
BEFORE: Marilyn Silverman, Vice-Chair, and Board Members J. Knight and G. McMenemy.
DECISION OF THE BOARD; October 9, 2001
1. This is an application filed by the applicant under section 65 of the Labour Relations Act, 1995 (the "Act") for the termination of bargaining rights of the responding party.
2. Prior to the hearing in this matter the parties entered into the following Consent Order:
In the Matter of Ontario Labour Relations Board File 3564-00-R
BETWEEN
Metropolitan Toronto Condominium Corporation No. 734
(The Polo Club, 1055 Bay Street, Toronto, Ontario),
("the Employer"),
- and -
Labourers’ International Union of North America, Local 183
("the Union")
Consent Order
The parties agree on a without precedent basis as follows and the Ontario Labour Realtions Board Orders as follows:
- The bargaining unit for which the Union has bargaining rights is described as follows:
"The Employer recognizes the Union as the sole collective bargaining agent for resident superintendents at 1055 Bay Street, Toronto, save and except Property Manager, those above the rank of Property Manager, office and clerical staff, security staff, cleaning staff, and students employed during the school vacation periods."
- There are no employees in the bargaining unit as of today’s date.
3. The Employer agrees to notify the Union if anyone is hired into a bargaining unit position at any time between today’s date and December 31, 2005.
4. The parties (Employer and Union) agree to the following Consent Order and the Ontario Labour Relations Board hereby orders as follows:
a) "The Employer and the Union agree that if the conditions outlined in paragraph 3 do not materialize and no employees are hired into the bargaining unit between today’s date and December 31, 2005, the bargaining rights of the Union as set out in paragraph 1 will be deemed abandoned by the Union.
b) The abandonment of the bargaining rights shall constitute satisfactory proof that the Union no longer represents employees in the bargaining unit and no decision or declaration of the Ontario Labour Relations Board and no Application to terminate bargaining rights shall be necessary to terminate those rights."
Dated at Toronto this 9th day of October, 2001.
For the Union For the Employer
"W. Ruszezak" "Dawn Flood"
W. Ruszezak Dawn Flood
- Having regard to the agreement of the parties, the Board makes the following orders:
a) if the conditions outlined in paragraph 3 of the Consent Order do not materialize and no employees are hired into the bargaining unit between October 9, 2001 and December 31, 2005, the bargaining rights of the Union as set out in paragraph 1 of the Consent Order will be deemed abandoned by the Union;
b) the abandonment of the bargaining rights will constitute satisfactory proof that the Union no longer represents employees in the bargaining unit and no decision or declaration of the Board and no application to terminate bargaining rights will be necessary to terminate those rights.
"Marilyn Silverman"
for the Board