Ontario Labour Relations Board
1377-01-R United Food and Commercial Workers International Union, Local 175, Applicant v. 1249030 Ontario Inc. c.o.b. as Ramada Inn Sudbury and Vista Sudbury Hotel Inc. c.o.b. as Ramada Inn Sudbury, Responding Parties.
BEFORE: Christopher J. Albertyn, Vice‑Chair.
DECISION OF THE BOARD; November 26, 2001
This is an application under sections 69 and 1(4) of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended ("the Act").
The parties have concluded Minutes of Settlement which read:
Board File No. 1377-01-R
In the mater of a successor employer
application brought by the Union pursuant to
s. 69 & ss. 1(4) of the Ontario Labour Relations Act, 1995;
BETWEEN:
UNITED FOOD AND COMMERCIAL WORKERS
INTERNATIONAL UNION, LOCAL 175,
The “Union”
‑ and ‑
1249030 ONTARIO INC. c.o.b. as
RAMADA INN SUDBURY,
The “Predecessor Employer”
‑ and ‑
VISTA SUDBURY HOTEL INC. c.o.b. as
RAMADA INN SUDBURY,
The “Successor Employer”
MINUTES OF SETTLEMENT
AS THE PARTIES ARE DESIROUS of concluding all matters in dispute arising from the filing of the above-noted successor employer application;
THE PARTIES, THEREFORE, AGREE as follows;
The Successor Employer, Vista Sudbury Hotel Inc., and the Applicant Union hereby request that the Board issue the following agreement as an Order of the Board on consent of the parties.
A sale of the business operated as the Ramada Inn Sudbury did occur in or around June, 2001. The Predecessor Employer,. 1249030 Ontario Inc., sold the business to the Successor Employer, Vista Sudbury Hotel Inc. as a result, a sale of the business as contemplated by the provisions of the Ontario Labour Relations Act, 1995 has occurred and, as a result, Vista Sudbury Hotel Inc. Is a successor employer to 1249030 Ontario Inc. as contemplated by the provisions of the Act.
As a result of the above-noted sale of the Ramada Inn Sudbury, the Applicant Union is the exclusive bargaining agent on behalf of employees of the Successor Employer, Vista Sudbury Hotel Inc., as described in the recognition clause of the collective agreement currently in effect between the Applicant Union and the Successor Employer, Vista Sudbury Hotel Inc.
The Successor Employer, Vista Sudbury Hotel, Inc. is bound by the provisions of the current collective agreement between the Applicant Union and the Successor Employer, Vista Sudbury Hotel Inc., The current collective agreement is effective from August 1, 2001 to July 31, 2004.
Dated at Mississauga, Ontario this 30th day of October, 2001.
“Georgina Watts” “Amin Visram”
Georgina Watts – for the Union Amin Visram – Chief Executive
Officer for the Successor Employer,
Vista Sudbury Hotel Inc.
- By consent, the Board makes the following declarations and orders::
(a) Vista Sudbury Hotel Inc. is a successor employer to 1249030 Ontario Inc. as contemplated under section 69 of the Act;
(b) the applicant is the exclusive bargaining agent of employees of Vista Sudbury Hotel Inc., as described in the recognition clause of the collective agreement currently in effect;
(c) Vista Sudbury Hotel Inc. is bound by the provisions of the current collective agreement. The current collective agreement is effective from August 1, 2001 to July 31, 2004.
“Christopher J. Albertyn”
for the Board