3582-00-R Michael Stirpe, Applicant v. International Brotherhood of Electrical Workers Locals 105, 115, 120, 303, 353, 402, 530, 586, 773, 804, 894, 1687, 1739 and the International Brotherhood of Electrical Workers Construction Council of Ontario, Responding Parties.
3746-00-U; 3747-00-U; 3748-00-U Michael Stirpe, Jeff Giessler, Andy Chalifoux, Paul Hollingworth, Chris Clark, Yves Fontaine & Greg Phillips, Applicants v. International Brotherhood of Electrical Workers Locals 105, 115, 120, 303, 353, 402, 530, 586, 773, 804, 894, 1687, 1739, the International Brotherhood of Electrical Workers Construction Council of Ontario, and Rodney Hilton, Responding Parties.
0159-01-U International Brotherhood of Electrical Workers, Construction Council of Ontario, Applicant v. Fred Giessler Electrical Ltd., Responding Party.
0605-01-G International Brotherhood of Electrical Workers, Local 303, Applicant v. Fred Giessler Electrical Ltd., Responding Party.
BEFORE: David A. McKee, Vice‑Chair.
DECISION OF THE BOARD; June 26, 2001
1These various applications came on for hearing on June 18, 2001. Before the hearing commenced, the parties entered into Minutes of Settlement which provide as follows:
OLRB FILES NO. 3582-00-R, 3746-00-U, 3747-00-U, 3748-00-U, 0605-01-G,
0159-01-U
MICHAEL STIRPE, et al
("The Employees" )
- and -
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCALS 105, 115, 129, 303, 353, 402, 530, 586, 773, 804, 894, 1687, 1739, THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WOKERS, CONSTRUCTION COUNCIL OF ONTARIO and RODNEY HILTON
("The Union")
- and -
FRED GIESSLER ELECTRICAL LTD.
("The Employer")
MINUTES OF SETTLEMENT
Whereas the parties are involved in the above-described six legal proceedings which have been scheduled for hearing by the Ontario Labour Relations Board on today's date ("the Legal Proceedings");
And Whereas the parties have met with a Labour Relations Officer and have resolved the issues in dispute among them;
Therefore, the parties agree as follows:
- The list of eligible voters in OLRB File No. 3582-00-R is
(i) Michael Stirpe
(ii) Mark Breakspeare ("the Eligible Voters").
The parties hereby withdraw any and all further challenges.
The Labour Relations Officer shall count the ballots cast by the Eligible Voters in the representation vote and all parties shall be bound by the result of the count. The Board shall follow its normal procedure and shall issue a decision in the termination application (OLRB File No. 3582-00-R) based on the result of the count.
The Employer shall pay $27,000.00 by certified cheque payable to the IBEW Local 303 and deliver it to the IBEW Local 303 offices by on or before July 3rd, 2001.
The parties accept the terms of these Minutes of Settlement in full and final settlement of all of the Legal Proceedings and hereby withdraw the Legal Proceedings from any further processing by the Board, save as described herein.
In consideration for the payment described herein, the Union hereby releases the Employer from any violations of its collective agreements occurring prior to the date thereof. Further, until the Board releases its final decision in OLRB File No. 3582-00-R, the Union shall not file any grievances for violations of the sub‑contracting provisions of its collective agreements, or the employment or Union status of Andre Chalifoux, although it may grieve for the enforcement of the terms of the collective agreements for employees of the Employer until the Board releases that final decision, at which time the parties' rights will be determined by that decision.
DATED AT TORONTO THIS 18TH DAY OF JUNE, 2001
“Garry Sorley” “Fred Giessler”
FOR THE UNION FOR THE EMPLOYER
“Michael Stirpe”
FOR THE EMPLOYEES
2Having regard to the agreement of the parties, the applications in Board File Nos. 3746-00-U, 3747-00-U, 3748-00-U and 0159-01-U are withdrawn at the request of the applicants.
3In Board File No. 0605-01-G, the Board, pursuant to the settlement of the grievance filed by the International Brotherhood of Electrical Workers Local 303 against Fred Giessler Electrical Ltd., orders Fred Giessler Electrical Ltd. to pay to the International Brotherhood of Electrical Workers Local 303 the sum of $27,000.00 on or before July 3, 2001.
4In Board File No. 3582-00-R, the Board, pursuant to the agreement of the parties, counted the ballots cast in the representation vote cast by the persons agreed to be in the bargaining unit.
5On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party.
6The Board declares that the responding party no longer represents the employees of Fred Giessler Electrical Ltd., for whom it has heretofore been the bargaining agent in the following bargaining unit:
all electricians and electricians’ apprentices in the employ of Fred Giessler Electrical Ltd. in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all electricians and electricians’ apprentices in the employ of Fred Giessler Electrical Ltd. in all sectors of the construction industry in the Regional Municipality of Niagara and that portion of the Regional Municipality of Haldimand-Norfolk coming within the former County of Haldimand, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
7The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30-day period.
8The employer is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Hearing" posted previously. These copies must remain posted for a period of 30 days.
“David A. McKee”
for the Board```