1690-98-ES Daniel James Zettel, a director of Zettel Metalcraft Ltd., Applicant v. James Crowe, Tony D’Agrosa; Greg Sadler; Nick Kryiakoulias; Somphet Onekeo; Stephani Vanheeswyk, Shelley Acheson-Tugeron, 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
1906-98-ES National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 396 on behalf of the employees named in Schedule “B”, Tabs 1, 2 and 3, Applicants, v. Zettel Metalcraft Ltd., Zettel Manufacturing Limited, 506165 Ontario Limited cob Trillium Metal Stamping, and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 30006225
BEFORE: Patrick Kelly, Vice‑Chair.
DECISION OF THE BOARD; May 22, 2001
The Board’s decision of May 9, 2001 noted an objection by three individuals to the terms of a proposed settlement that was set out in an earlier Board decision, dated April 23, 2001. That objection has now been withdrawn, thus enabling the implementation of the proposed settlement.
Accordingly, I hereby make the following orders and directions:
(i) Zettel Manufacturing Limited (“Manufacturing”) and/or 506165 Ontario Limited cob as Trillium Metal Stamping (“Trillium”) are ordered to pay the applicant trade union (“the CAW”) in Board File No. 1906-98-ES the sum of $455,000 forthwith. Trillium and Manufacturing may allocate their respective portions of this sum between them as they see fit.
(ii) Manufacturing and/or Trillium are ordered to pay a further sum of $455,000, again allocated between them as they see fit, to the CAW on February 28, 2002.
(iii) The funds identified in subparagraphs (i) and (ii) above are to be paid in accordance with the letter agreement referred to in paragraph 9(a) of the Board’s April 23, 2001 decision in these matters.
(iv) Manufacturing and/or Trillium are ordered to pay the sum of $45,000 to the Ministry of Labour (“the Ministry”) forthwith. Trillium and Manufacturing may allocate their respective portions of this sum between them as they see fit. Upon receipt of this sum, the Ministry shall distribute the monies on a pro rata basis to the non-union employees identified in Schedule “B” attached to the Board’s decision of April 23, 2001 in these matters.
(v) Manufacturing and/or Trillium are ordered to pay a further sum of $45,000, again allocated between them as they see fit, to the Ministry on February 28, 2002. Upon receipt of this sum, the Ministry shall distribute the monies to the same non-union employees on the same terms and conditions referred to in subparagraph (iv) above.
(vi) The Board notes the Ministry’s conditional agreement to waive its right to pursue recovery of compensation paid to certain employees affected by these matters, pursuant to the Employee Wage Protection Program;
(vii) Upon implementation of the orders contained in this decision, the Board’s decision of August 10, 2000 in Board File 1906-98-ES shall be deemed to have been implemented to the satisfaction of all the parties in that matter.
(viii) In the event Manufacturing and/or Trillium fail to pay the amounts herein ordered, the Ministry and/or the CAW may proceed with enforcement against Manufacturing and Trillium for the outstanding amounts, if any, owing respectively to each pursuant to this decision, and enforcement of Order to Pay D 03603 may proceed as well, provided that the total monies realized shall not exceed the amounts herein ordered.
(ix) Upon implementation of the orders contained in this decision, and unless notified of the failure of the implementation of any of these orders by March 7, 2002, the Board shall issue a decision rescinding Order to Pay D 03603 in Board File No. 1690-98-ES.
- I am seized to deal with any issues arising out of the implementation of this decision, and for the purpose of issuing the decision contemplated by subparagraph (ix) above.
“Patrick Kelly”
for the Board