3123-98-ES Canadian Linen and Uniform Service Company Ltd., Applicant v. Dale Cowell et al. and Ministry of Labour, Responding Parties.
3389-98-ES Richard Appleton, Applicant v. Canadian Linen Co. Ltd. and Ministry of Labour, Responding Parties.
3402-98-ES Brian Greene, Applicant v. Canadian Linen Co. Ltd. and Ministry of Labour, Responding Parties.
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; February 10, 2000
1These are two employee appeals and an employer appeal with respect to an Order to Pay issued on October 30, 1998 in the amount of $612,501.46, and an administrative fee of $61,250.15. While it is an over simplification of the issues, essentially, the Employment Standards Officer found that Canadian Linen and Uniform Service Company Ltd. (“Canadian Linen”) did not keep accurate records of the hours its drivers worked. Moreover, the Officer concluded that Canadian Linen failed to compensate drivers for overtime worked; failed to give an eating period and failed to pay proper wages for hours worked on public holidays. The Officer made an assessment with respect to 109 employees or former employees, in varying amounts.
2Canadian Linen has sought review of the Order to Pay on a number of basis. Two employees have also sought review, submitting that they should have been awarded more.
3A May 20, 1999 decision of the Board determined that these matters should be heard together. The Board has further concluded that the number of individual claims involved, and the potential for some preliminary issues, calls for a measure of “case management” or pre-hearing intervention. It is also hoped that after some “sorting”, the Board’s efforts at mediation through Labour Relations Officer Bob Wright can continue.
1. Claimants
4Due to the passage of time, some of the employees have moved. Mail that has been sent out by the Board has been returned. Both the Board and the Ministry of Labour have made efforts to find employees, but without complete success. The Board does not have current addresses for the following:
David Sweeney - formerly of Enola Drive, Mississauga;
Paul Counter - formerly of Paddock Crescent, Mississauga;
Randy Kennedy - formerly of Bexhill Court, Toronto;
Dave Knapp – formerly of Castlefrank Road, Kanata;
David King – forrmerly of Ash Crescent, Etobicoke;
Robert Lemanski – formerly of Sanagan Road, Rexdale;
Matt Middleton – formerly of Biggar Avenue, Toronto;
Allan Ripley – formerly of Maynard Road, Orono;
Tony Ponte – formerly of Quebec Avenue, Toronto;
Louis Russo – formerly of Lakeshore Blvd., Etobicoke; and
Anil Sirju – formerly of Bramalea Road, Brampton.
5If anyone knows how to contact any of those individuals, please advise the Registrar of the Board at the address on the covering letter of this decision.
6If you move before this proceeding is completed, you must advise the Registrar in writing at the address on the covering letter of this decision, quoting the file number. If you fail to notify the Board of a change of address, these proceedings will continue, without further notice to you.
7For the time being, the Board will not continue to send mail to those addresses we know are no longer current.
2. The Trade Union
8The Board understands that the employees of Canadian Linen are represented by the Canadian Linen Drivers and Industrial Workers Union, Teamsters Local 847 (“the union”). Although I am aware that the union has participated in meetings with the Labour Relations Officer, and represents some individual claimants, it would assist the Board and the parties, if the union’s participation could be formalized. To that end, the Board directs the union to advise the Board, and the other parties if it seeks to participate in its capacity as bargaining agent, and outline its position with respect to the issues and provide the list of individual claimants it represents. The union is directed to provide that information by March 15, 2000.
3. The Ministry of Labour/Employment Standards Branch
9Accompanying the Order to Pay, the Employment Standards Officer included a chart setting out the amount of wages (if any) it found owing to each claimant. But the Ministry has not provided its typical “worksheet” setting out the basis on which it determined that wages were owed. Consequently, from the information provided it is not possible to discern whether the wages are an account of overtime, regular hours, statutory holidays etc. Nor is it possible to figure out what hours and in what time period these wages pertain to. While the Board understands that the very nature of the Officer’s concern in this case, that is, a failure of Canadian Linen to keep records of hours worked, means that the Officer’s decision may not have been based on payroll or similar records, the Officer somehow came up with figures for each claimant.
10It seems to the Board that it will be difficult for the parties to proceed to hearing, much less engage in effective mediation efforts, without knowing the basis for the Officer’s calculations. It may be though, that the Employment Standards Branch can explain why that information cannot or should not be produced at this time. The Ministry of Labour must advise the Board and the other parties if it objects to that production, by no later than March 15, 2000.
11If the Ministry of Labour does not object to the production of this information it shall have until March 30, 2000 to provide the information with respect to all claimants to the Board, the union and Canadian Linen and information with respect to each individual claimants to the claimant or his representative.
4. Preliminary Issues
12If any party wishes to raise a preliminary issue, it must advise the Board in writing and any other affected party, by March 15, 2000. The Board needs to know about any preliminary issues in advance in order to organize the hearing efficiently.
13I anticipate that a hearing may be convened to decide any preliminary issues, with a further day or days scheduled later on. Employees or former employees for whom the Board has a current address will be notified of the date of any hearing.
“Mary Ellen Cummings”
for the Board