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Court File No. CV-14-0271
ONTARIO
SUPERIOR COURT OF JUSTICE
WEDNESDAY, THE
THE HONOURABLE
DAY OF JULY, 2014
JUSTICE P.J. FLYNN
EN:
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23RD
INC'
BOMBARDIER TRANSPORTATION CANADA
Plaintiff
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PASQUALINO,
AND ITS LOCAL 1075, RON FROST, DOMINIC
AND ALL MEMBERS
HN DOE, REPRESENTING THEMSEL VES
s
HAVING NOTICE
LOCAL 1075 AND ALL OTHER PERSONS
PROH IBITED BY ANY
OF THIS ACTION WHO ENGAGE IN ACTIVITIES
ORDER OF THE COURT
Defendants
ORDER
THlsMoTloN,madebythePlaintiffwasheardthisdayattheCourtHouse,l25Brodie
Street North, Thunder Bay, Ontario P7C
043'
of Authorities of the Plaintiff and
oN READING the Motion Record, Factum and Book
of the Defendants; and
the Motion Record, Factum and Book of Authorities
and the lawyers for the
oN HEARING the submissions of the lawyers for the Plaintiffs
Defendants;
l.THlsCOURToRDERsthatanyBombardieremployee,supervisor,managementpersonnel,
only
at Bombardier shall enter and exit the Premises
contractor or other person having business
through the
àain gate at Montreal Street.
Reference
to the premises includes the main front
-2known as 1001 Montreal
entrance for people to gain access to the Thunder Bay Plant, municipally
(the "Premises")'
Street, Thunder Bay, Ontario and the Neebing Avenue rail entrance
2.
Local 1075 (the
THIS COURT FURTHER ORDERS that Bombardier shall give UNIFOR
,ounion,,) notice seventy-two (72) hours prior to the use of the rail entrance and the Parties shall
Failing reaching an
meet to attempt to negotiate a protocol for the safe use of the rail entrance'
agreement, the Parties shall attend
in front of a Judge on short notice (36 hours) with informal
of the protocol for the safe
evidence to have the Court hear submissions in relation to the approval
use of the rail entrance.
3.
management
THIS COURT FURTHER ORDERS that no Bombardier employee, supervisor'
Premises shall be subject
personnel, contractor or other person or goods having business at the
of
a maximum period of twentyany cumulative delay arising from any strike-related activity beyond
road outside the Premises, no
frve (25) minutes upon entry to the Premises. For clarity, once on the
at the Premises by
strike-related activity shall delay such a person from arriving at their destination
more than a cumulative ormaximum period of twenty-five (25) minutes'
4.
(25)
THIS COURT FURTHER ORDERS that this cumulative or maximum twenty-five
such period at the front of the
minute period shall be inclusive of time at the front of any line-up and
as necessary solely for
line will be for a single, maximum period of not more than five (5) minutes
a person who arrives at the picket
the purpose of being communicated with by the Union. For clarity,
the line, etc.) shall not be
line directly (i.e. immediately to the front of the line, being the only car at
delayed for more than five (5) minutes.
5.
employee'
THIS COURT FURTHER ORDERS that while exiting from the Premises' no
supervisor, management personnel, contractor
or other person or
goods having business at
-3-
-
maximum
any strike-related activity beyond a
Bombardier shall be subject of any delay arising from
period of five (5) minutes.
6.THISCOURTFURTHERORDERSthatthebussesshallstoponMontrealStreetinthe
and enter the
westbound rane to allow peopre to get off the bus
plaintiff s Premises. Picket captains
exiting the bus at
space on either side to allow people
shall assist in creating a ten-foot-wide berth of
Montreal Street to enter the Premises'
sha[ not delay people arriving at or
THIS couRT FURTHER ORDERS that the union
i.
leavingtheKeeferTerminal,locatedonthepropertyoftheThunderBayPortAuthorityatl00Main
street,ThunderBay,ontario,beyondapproximatelythirty(30)secondspervehicletobeprovided
with information.
S.THISCOURTFURTHERORDERSthatnoBombardieremployeewhoisamemberofthe
Canadian offfice
&
wait for any
professional Employees Union, Local 81 ("COPE') shall be made to
prernises. However, such employees may be "leafleted"
length of time upon entry or egress from the
will
provided with a brief message' etc')' Bombardier
by the union (i.e. provided with written material,
stop busses to
reasonable expectations' The union can
communicate with its employees to ensure
determine that
copE
copE
employees are on board but
busses along Montrear Street. The union
wi[
not otherwise impede the movsment of the
will not inspect who is on busses designated for
management.
g.
sha' not set up any pickets at any of the
THIS couRT FURTHER ORDERS that the union
baseball fields and parking
entrances and exits at the Neebing Avenue
lot and will not encourage
baseball fields
entrances and exits at the Neebing Avenue
any of its members to picket at any of the
and parking lot.
-4-
10.
shall communicate to their respective
THIS couRT FURTHER oRDERs that the Parties
and/or members and explain the terms
employees, supervisors, management personnel, contractots,
and respectful conduct' The Parties agree
of this order and reiterate the requirement for professional
communication and that normal
that no one shall be compeiled to enter into a discussion or
courtesies are exPected
ofall.
the right to seek a remedy
THIS COURT FURTHER ORDERS that the Parties shall retain
11.
However, prior to seeking such remedy the
should this Order not be adhered to, in whole or in part.
(24)
parties shall attempt to resolve the alleged breach directly and failing resolution within twenty-four
remedy may be sought on thirty-six
hours of bringrng the issue to the other Party's attention, further
contempt and immediately in
(36) hours, notice with informal evidence for any remedy other than
situations where Section 102(8) would apply'
12.
July 28'2014 and on future
THIS COURT FURTHER ORDERS that the Parries shall meet on
dates as mutually agreed
to continue discussion on matters pertaining to conduct during the strike
which are not addressed in this Order'
13.
for a contempt order'
THIS COURT FURTHER ORDERS that prior to proceeding to court
the Parties shall first resort to the process set out in Paragraph
t4. THIS COURT FURTHER ORDERS
EHTRE
ñ¡surr
1
1, above'
that there shall be no costs for this Motion.
B@t(
REGtg:llAR..:,.,.,
,
ÐATE
Jtlp.
No.
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F5[,_44:
RCP-E 59A (JulY 1,2007)
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BOMBARDIER TRANSPORTATION CANADA INC
UNIFOR AND ITS LOCAL IO75,RON FROST'
DOMINIC PASQUALINO et al'
-and-
t
Defendants
Court File No. CV-14-0271
Plaintiff
ONTARIO
SUPERIOR COURT OF JUSTICE
PROCEEDING COMMENCED AT
THLTNDER BAY
ORDER
WEILER, MALONEY, NELSON
Barristers & Solicitors
Suite 201, 1001 William Street
Thunder BaY, Ontario
P7B 6MI
BRrAN A. BABCOCK (LSUC #2ts6sL)
Tel:
807-623-llll
Fax: 807-623-4947
Brian A. Babcock
Lawyers for the Plaintiff
RCP-E 4C (JulY 1, 2007)