International Brotherhood of Electrical Workers, Local 353 v. Lancor Electric (1996) Ltd., 2001 CanLII 9823

3888-99-R; 0009-00-U; 0076-00-G International Brotherhood of Electrical Workers, Local 353, Applicant v. Lancor Electric (1996) Ltd., Responding Party.

BEFORE: Harry Freedman, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.

DECISION OF THE BOARD; July 31, 2001

1. These are three related applications; Board File No. 3888-99-R is an application for certification filed pursuant to the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995, c. 1, as am. (the “Act”), Board File No. 0009-00-U is an application under section 96 of the Act alleging contraventions of the Act seeking declaratory and other relief and Board File 0076-00-G is a referral of grievance to the Board for determination under section 133 of the Act. The parties have reached Minutes of Settlement in these matters which provide as follows:

OLRB File Nos. 0009-00-U; 0076-00-G and 3888-99-R

Between:

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 353

(The Applicant)

• and -

LANCOR ELECTRIC (1996) Ltd.

(The Responding Party)

MINUTES OF SETTLEMENT AND CONSENT ORDER

WHEREAS the Board has commenced hearing the above application for certification, and grievance referral (collectively “the Legal Proceedings”) and the parties have adjourned the hearings sine die pending the results of their settlement discussions;

AND WHEREAS the parties have met and resolved the issues in dispute;

THEREFORE, the parties agree as follows and request that the Board issue the directions, declarations and orders agreed to herein:

1. The parties agree that the employees lawfully at work in the Applicant’s bargaining unit under the Principal Agreement on the date of the application for certification in OLRB File No. 3888-99-R were:

(i) Barry Atkinson

(ii) Frederick Fox

(iii) John Giannadis

(iv) Fred Weinhold

(v) Paul Williams

(vi) Matteo Galleano

(vii) Louis Violo

(“the Seven Eligible Voters”).

2. The parties request that the Board process the application for certification and issue a decision based on the counting of the ballots cast by the Seven Eligible Voters.

3. The Responding Party admits that, prior to March 27, 2000, it had been bound to the Principal Agreement between the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and the International Brotherhood of Electrical Workers and the International Brotherhood of Electrical Workers Construction Council of Ontario effective until April 30, 2004 (“the Principal Agreement”), and had violated the Union Security Provisions, Section 5 of that agreement, by hiring employees who were not members of the Applicant to perform bargaining unit work.

4. The Responding Party shall pay damages of $5,300.00 to the Applicant in full and final resolution of all of the Legal Proceedings.

5. The parties request that the Board issue the following directions, declarations and orders:

(i) direct that the application for certification be processed and that the ballots of the Seven Eligible Voters be counted and a decision issued based on the results of the representation vote in OLRB File No. 3888-99-R;

(ii) declare that, at the date of the grievance in OLRB File No. 0006‑00-G [sic], the Responding Party was bound to the Principal Agreement;

(iii) declare that the Responding Party violated Section 5 of the Principal Agreement;

(iv) declare that the damages owing for that violation are $5,300.00;

(v) order that the Responding Party pay the damages of $5,300.00 to the Applicant forthwith.

6. Provided that the Board issues the directions, declarations and orders requested herein, and processes the application for certification as requested, the Applicant accepts the terms and conditions of these Minutes of Settlement and Consent Order in full and final resolution of all disputes existing with this Responding Party occurring prior to the date hereof.

DATED AT Toronto this 12^th day of July, 2001

“Illegible Signature”

INTERNATIONAL BROTHERHOOD OF

ELECTRICAL WORKERS, LOCAL 353

“Illegible Signature”

LANCOR ELECTRIC (1996) LTD.

2. Having regard to the Minutes of Settlement filed with the Board, the Board makes the following declarations and orders:

(a) The Board declares that, at the date of the grievance in OLRB File No. 0076-00-G (March 30, 2000) the responding party was bound to the Principal Agreement between the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and the International Brotherhood of Electrical Workers and the International Brotherhood of Electrical Workers Construction Council of Ontario effective until April 30, 2004 (“the Principal Agreement”),

(b) The Board declares that the responding party violated Section 5 of the Principal Agreement.

(c) The Board declares that the damages owing for that violation are $5,300.00.

(d) The Board directs the responding party to pay forthwith to the applicant the sum of $5,300.00.

3. The application for certification in Board File No. 3888-99-R is referred to the Manager of Field Services to arrange for the counting of the ballots cast by the seven eligible voters in the representation vote held on April 5, 2000 that was directed by the Board in its decision dated April 3, 2000. The Board notes that the parties have agreed in their Memorandum of Agreement to have the Board issue a decision in that certification application based on the counting of the ballots cast by the Seven Eligible Voters. The final disposition of the application for certification in Board File No. 3888-99-R will be a matter for the panel of the Board that is assigned to deal with it after the ballots are counted.

4. This panel of the Board is not seized with this matter.

“Harry Freedman”

for the Board