Ontario Labour Relations Board
1690-98-ES Daniel James Zettel, a director of Zettel Metalcraft Ltd., Applicant v. James Crowe, Tony D’Agrosa, Greg Sadler, Nck Kryiakoulias, Somphet Onekeo, Stephani Vanheeswyk, Shelley Acheson-Turgeon, Anne Arnold, Peter Curtis, David Langford, Vito Lozer, National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), CAW, Local 396, and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 41005629
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; January 3, 2000
1This is a director’s appeal of an order to pay.
2I issued a decision on September 15, 2000 in which, among other things, I directed the Ministry of Labour (“the Ministry”) to advise of any objection to produce documents concerning the Employment Standards Officer’s calculations underlying the Order to Pay, and in the absence of an objection, to produce the requested information. Counsel for the Ministry wrote to the Board on September 19, 2000, advising that there were none of the typical worksheets prepared by Employment Standards Officers because of the large number of claimants in this case, but that the Employment Standards Officer had prepared assessment sheets covering all the claimants. Those assessment sheets were apparently prepared based on various pieces of information before the Employment Standards Officer. Counsel for the Ministry went on to suggest that if counsel for the applicant wished to view the information, or meet with the Employment Standards Officer to discuss the method of calculation, he should contact counsel for the Ministry so that the appropriate arrangements could be made.
3By letter dated September 27, 2000, counsel for the applicant suggested it would not be difficult for the Ministry to prepare and deliver a document showing the Employment Standards Officer’s calculations of wages and vacation pay owing.
4Apparently, no further information has been exchanged between the applicant and the Ministry of Labour, other than correspondence dealing with the adjournment of the hearing of this matter. It appears that the applicant anticipates a further decision of the Board with respect to the production issue, although such a decision was not expressly requested. Hopefully this decision will clarify matters.
5The Board’s decision of September 15, 2000 was clear with regard to the production of documents. In the absence of an objection, the Ministry was directed to produce the information. Counsel for the Ministry did not object to producing the information, but rather than produce, he invited counsel for the applicant to contact him concerning the information. The existing information should be produced. Counsel for the applicant appears to want the Ministry to prepare new material summarizing the basis of the Employment Standards Officer’s calculations. The Board will not require the Ministry to prepare documentation of that kind. That being said, the Ministry must now provide to the applicant the existing documentation used by the Employment Standards Officer in arriving at his calculations.
6In order to avoid further delay, and perhaps to facilitate the settlement discussion scheduled for January 12, 2001, the Ministry is directed to provide copies of all documents within its possession or control relating to the basis upon which the Employment Standards Officer made his calculations regarding all the employees covered by the Order to Pay in respect of which this appeal is taken. Those copies are to be provided to the Board, the applicant and the Canadian Auto Workers (and, as well, to the individual responding parties, copies of documents with respect to their own calculations) on or before January 10, 2001.
7In keeping with the October 15, 2000 decision, following the receipt of the materials herein ordered, the applicant is to notify the parties and the Board of other challenges, if any, and the bases for those challenges, of the Employment Standard Officer’s determination of the amounts of wages and vacation pay owing. That notification is to be provided on or before January 24, 2001.
"Patrick Kelly"
for the Board