/Adjudicator

minicounsel

Bruce Budd — Member

Member·Ontario Pay Equity Hearings Tribunal

Bruce Budd

Since 1990

cases · 10 yrs · OPEHT

Trial

Motion

Costs

Appeal

Sentencing

Member· 42Member· 4Membre· 1Employee Member· Worker member· 1membre· Worker member· 1

Belleville General Hospital v. Ontario Nurses' Association, 1992 CanLII 4707

Hospitals' request to adjourn pay equity applications sine die denied; matters listed for hearing.

The Ontario Nurses' Association (ONA) requested that its pay equity applications against various hospitals be listed for hearing following the release of a related decision.

The respondent hospitals requested that the applications be adjourned sine die to allow for further negotiations on a gender-neutral comparison system.

The Tribunal denied the hospitals' adjournment request, finding no compelling reason to prevent ONA from proceeding.

The Tribunal ordered that the hospitals' cross-applications be listed for hearing alongside ONA's applications and directed the parties to complete their pleadings.

OPEHTOct 14, 1992

Canadian Union of Public Employees, Local 2175 v. Her Majesty the Queen in Right of Ontario, 1992 CanLII 4693

Ministry found to be the employer of Children's Aid Society employees for pay equity purposes.

The Ministry of Community and Social Services requested a hearing to review an order naming it as the employer for pay equity purposes of employees at the Kingston-Frontenac Children's Aid Society.

The Tribunal examined the relationship between the Ministry and the CAS, focusing on financial control, responsibility for compensation practices, and determination of services provided.

The Tribunal found that the Ministry exercises fundamental control over the CAS's finances, services, and compensation practices, despite the CAS having routine control over day-to-day operations.

Consequently, the Tribunal concluded that the Ministry is the employer for the purposes of the Pay Equity Act and directed the Ministry and the union to negotiate a pay equity plan.

OPEHTSep 14, 1992

Glengarry Memorial Hospital v. Ontario Nurses' Association, 1992 CanLII 4694

Pay equity adjustments must apply equally to all levels of a salary schedule.

The Tribunal determined how pay equity adjustments should be incorporated into collective agreements between the hospital and the nurses' union.

The Tribunal held that under subsection 9(3) of the Pay Equity Act, all positions in a job class must be adjusted by the same dollar amount, meaning all levels of the salary schedule must receive the adjustment, not just the job rate.

Furthermore, the Tribunal found that the newly negotiated collective agreements were 'relevant' under subsection 13(10) because they had not yet taken the pay equity adjustments into account, and therefore the adjusted rates must be incorporated into them.

OPEHTJun 9, 1992

Ontario Nurses' Association v. Women's Christian Association of London, 1991 CanLII 4454

Pay Equity Hearings Tribunal has jurisdiction under section 52 of the Constitution Act to apply the Charter.

The applicant union challenged section 6 of the Pay Equity Act as contravening the Charter.

The respondent employer argued the Pay Equity Hearings Tribunal lacked jurisdiction to hear the Charter challenge.

Applying the Supreme Court of Canada's decision in Cuddy Chicks, the Tribunal held that section 30 of its enabling statute and section 52 of the Constitution Act, 1982 grant it the jurisdiction and impose the duty to apply the Charter.

The Tribunal reserved its decision on whether it has jurisdiction under section 24(1) of the Charter to grant the requested remedy of amending the legislation.

OPEHTJul 8, 1991

Ontario Nurses' Association v. Lady Dunn General Hospital, 1991 CanLII 4451

Tribunal orders hospital to increase nurses' vacation entitlement to achieve pay equity with male comparator.

The applicant union objected to a Review Officer's order requiring the respondent hospital to equalize compensation between nurses and the manager of plant maintenance by providing a cash value for the difference in vacation entitlement.

The union argued that nurses should receive the increased vacation benefit instead of cash.

The Tribunal held that adjustments to achieve pay equity can be made to wages, benefits, or a combination of both.

Finding no evidence that increasing the vacation entitlement would cause the hospital undue hardship, the Tribunal revoked the Review Officer's order and directed the hospital to increase the nurses' vacation benefit to match the comparator job class.

OPEHTJun 28, 1991

Glengarry Memorial Hospital v. Ontario Nurses' Association, 1991 CanLII 4447

Pay equity adjustments must be incorporated into collective agreement rates before applying subsequent negotiated increases.

The Employer applied to revoke a Review Officer's order requiring it to pay the female job class of registered nurses an additional $0.37 per hour.

The Tribunal upheld the Review Officer's finding that subsection 13(10) of the Pay Equity Act requires pay equity adjustments to be incorporated into the collective agreement rate, and that subsequent negotiated increases must be calculated on the adjusted rate.

The Tribunal also found that the Employer failed to maintain pay equity under subsection 7(1) by giving the male comparator job class a smaller wage increase than other non-union staff, which artificially held back the nurses' job rate.

OPEHTJun 6, 1991

Senior Officers' Association of the Timmins Police Force v. Board of Commissioners of Police for the City of Timmins, 1991 CanLII 4446

Tribunal declined to proceed with Review Officer's non-compliance referral where neither party took carriage.

A Review Officer referred a pay equity matter to the Tribunal under subsection 24(5) of the Pay Equity Act, 1987, alleging that neither the Association nor the Board had complied with a previous order.

The Tribunal requested written submissions from the parties on how to proceed.

Neither party alleged non-compliance or wished to take carriage of the proceedings, indicating instead that they were still negotiating.

The Tribunal concluded it was not appropriate to proceed with the referral without a party willing to act as the applicant and present evidence, though the original order remained binding.

OPEHTMar 15, 1991

Senior Officers' Association of the Timmins Police Force v. Board of Commissioners of Police of the City of Timmins, 1990 CanLII 4021

Tribunal requested written submissions on procedural issues following a Review Officer's non-compliance referral.

A Review Officer referred a matter to the Pay Equity Hearings Tribunal under subsection 24(5) of the Pay Equity Act, 1987, alleging that neither the Senior Officers' Association nor the Board of Commissioners of Police had complied with an order to compare female and male job classes.

As neither party had made an application to the Tribunal, the Tribunal requested written submissions on several procedural and substantive issues, including whether the Tribunal's Rules of Practice applied and whether the matter was properly before the Tribunal.

OPEHTNov 5, 1990

Ontario Nurses' Association v. Cornwall General Hospital, 1990 CanLII 4020

Adjournment granted pending related decision, with a 30-day deadline to notify intent to proceed.

The parties in several cases requested an adjournment pending the Tribunal's determination in the Women's College Hospital case.

The Tribunal granted the adjournment but imposed a condition requiring the applicants to inform the Tribunal within 30 days of the release of the Women's College Hospital decision whether they intend to proceed.

One member dissented on the imposition of the 30-day deadline.

OPEHTMay 2, 1990

Page 3 of 3 (49 cases)

for Canadian Union of Public Employees

Nancy RosenbergCounsel
1 appearance

for Canadian Union of Public Employees, Local 79

Heide TrempusCounsel
1 appearance
Mary CornishCounsel
1 appearance

for certain Groups of Employees

Randy SchroederCounsel
1 appearance

for certain individuals and Groups of Employees

Michelle SherwoodCounsel
1 appearance

for Crown in Right of Ontario (Management Board Secretariat)

David CostenCounsel
1 appearance
Pat WernerCounsel
1 appearance

for C.U. P. E.

Nancy RosenbergCounsel
1 appearance

for CUPE

Brian SheehanCounsel
1 appearance
Cathy LaceCounsel
1 appearance

for Glengarry Memorial Hospital

Ann BurkeCounsel
1 appearance

for Group of Employees

Leslie DizgunCounsel
1 appearance
Rita SchreiberCounsel
1 appearance
Susan DunbarCounsel
1 appearance

for Hamilton Civic Hospitals

Robert SalisburyCounsel
1 appearance

for herself and the Respondent, Group of Employees

Mary O’ConnellSelf-represented
2 appearances

for Ontario Public Service Employees Union

Elizabeth ShiltonCounsel
1 appearance
Harriet SimandCounsel
1 appearance
Janet WrightCounsel
1 appearance

for Ontario Secondary School Teachers' Federation

Cindy WilkeyCounsel
4 appearances
Lynn HopkinsCounsel
2 appearances
Barb CartierCounsel
1 appearance
Eileen KonkinCounsel
1 appearance
Jennifer PalmerCounsel
1 appearance
Chris DiZazzoCounsel
1 appearance

for Ottawa Board of Education

Carolyn Kay-AggioCounsel
3 appearances
Joanne GlaserCounsel
2 appearances
Rand LintellCounsel
2 appearances

for Riverdale Hospital

Stav DAndreaCounsel
1 appearance
Lois CauthersCounsel
1 appearance

for the Applicant

Angela CutulleAgent
1 appearance
Anne BurkeCounsel
1 appearance
Anne Marie DeloreyCounsel
1 appearance
Anne Marie DeloreyUnion representative
1 appearance
Carol GelowskyUnion representative
1 appearance
Carol StyresUnion representative
1 appearance
Carolyn PreppUnion representative
1 appearance
Carrie GallantCounsel
1 appearance
Cheryl LeggCounsel
1 appearance
Debbie ChadseyCounsel
1 appearance
Deb WielingaUnion representative
1 appearance
Hazeline WilsonUnion representative
1 appearance
Ian GalbraithCounsel
1 appearance
Lynn GillespieCounsel
1 appearance
Marc SimardCounsel
1 appearance
Mary CornishCounsel
1 appearance
Maureen ThomasUnion representative
1 appearance
Mert MacdonaldUnion representative
1 appearance
Nancy RosenbergCounsel
1 appearance
Paula TurtleCounsel
1 appearance

for the Applicant, Pay Equity Office

Carrie GallantCounsel
1 appearance

for the Applicants

Dollena LandAgent
1 appearance
James NoonanCounsel
1 appearance
Jerry JoyCounsel
1 appearance
Michelle SherwoodCounsel
1 appearance
Roger FultonCounsel
1 appearance
Self-representedSelf-represented
1 appearance
Senka DukovichAgent
1 appearance

for the Applicants and the Respondent Stelco

James B. NoonanCounsel
1 appearance
Jerry JoyCounsel
1 appearance
Roger FultonCounsel
1 appearance
Toni-Anne N. DasentCounsel
1 appearance

for the Applicants and the Respondent Stelco Inc.

James B. NoonanCounsel
1 appearance
Jerry JoyCounsel
1 appearance
Roger FultonCounsel
1 appearance
Toni-Anne N. DasentCounsel
1 appearance

for the Brampton Professional Firefighters Association

Mary CornishCounsel
2 appearances

for the Canadian Union of Public Employees

Cathy LaceCounsel
1 appearance
Ed ScottUnion representative
1 appearance
Margaret LeightonCounsel
1 appearance
Nancy RosenbergCounsel
1 appearance

for the Canadian Union of Public Employees Local 2974.1

Glen ClarkUnion representative
1 appearance
Jan FilmanUnion representative
1 appearance
Julia ArdielUnion representative
1 appearance
Martha RansUnion representative
1 appearance

for the Carleton Board of Education

Vince JohnstonCounsel
1 appearance

for The Carleton Board of Education

Jack YeoCounsel
1 appearance
Janice McCoyCounsel
1 appearance
Peigi RossCounsel
1 appearance
Vince JohnstonCounsel
1 appearance

for the Children's Aid Society of the City of Kingston and the County of Frontenac

Deborah LeightonCounsel
1 appearance
Susan AbellAgent
1 appearance

for the Corporation of the City of Brampton

Paul WearingCounsel
2 appearances

for the Corporation of the City of Peterborough

Murray HynesAgent
1 appearance
Paul WearingCounsel
1 appearance

for The Corporation of the County of Essex

Donald ShabanAgent
1 appearance
Gregory StewartCounsel
1 appearance

for The Corporation of the County of Hastings

Kees W. KortCounsel
1 appearance

for the Corporation of the Township of Alfred and Plantagenet

Michael HouleCounsel
1 appearance

for the Employees

Marilyn WrightSelf-represented
1 appearance

for the Group of Employees

Ashoka BoodhooCounsel
1 appearance
Fitzroy MagloirCounsel
1 appearance
Shireen E. HooshangiCounsel
1 appearance

for the Group of Employees and Nancy Tallevi

Senka DukovichCounsel
1 appearance

for the Group of Nurses

Senka DukovichCounsel
1 appearance

for the Hamilton Civic Hospitals

Robert SalisburyCounsel
1 appearance

for the Hospital for Sick Children

Janice BakerCounsel
1 appearance

for The Law Society of Upper Canada

Dolores BarbiniCounsel
1 appearance

for the Ministry of Community and Social Services

Peter BurbidgeCounsel
1 appearance
Stephen PattersonCounsel
1 appearance

for the Ontario Nurses' Association

Ann Marie DeloreyCounsel
1 appearance

for the Ontario Secondary School Teachers' Federation

Cindy WilkeyCounsel
1 appearance

for the Ontario Secondary School Teachers’ Federation

Cindy WilkeyCounsel
1 appearance

for the Ottawa Board of Education

Carolyn Kay-AggioCounsel
1 appearance

for the Pay Equity Office

Carrie GallantCounsel
2 appearances

for the Professional Fire Fighters Association

Paul BrownUnion representative
1 appearance
Judy HarrisUnion representative
1 appearance
Senka DukovichCounsel
1 appearance

for the Respondent

Niculae AmaricaCounsel
2 appearances
Vincent JohnstonCounsel
2 appearances
Brad HollisterCounsel
1 appearance
Brian AllenAgent
1 appearance
Bryan O'ByrneCounsel
1 appearance
Carole E. HoglundCounsel
1 appearance
Carole PietteCounsel
1 appearance
Dan RenaudCounsel
1 appearance
Dave EvansAgent
1 appearance
David CorbettCounsel
1 appearance
Donald WilsonCounsel
1 appearance
Allan ShakesCounsel
1 appearance
Leanne ChahleyCounsel
1 appearance
Mona AnisCounsel
1 appearance
Mr. MombourquetteCounsel
1 appearance
Pauline Lefebvre HintonCounsel
1 appearance
Peigi RossCounsel
1 appearance
Raymonde BoileauCounsel
1 appearance
Robert BassCounsel
1 appearance
Ruth RuddyAgent
1 appearance

for the Respondent, Canadian Union of Public Employees

Carmen HenryAgent
1 appearance
Brian SheehanCounsel
1 appearance

for the Respondent, GL&V Process Equipment Group Inc.

Carolyn Kay-AggioCounsel
1 appearance
Mark TessierCounsel
1 appearance

for the Respondent Hospital

Peter ChauvinCounsel
2 appearances
Peggy HawthornCounsel
1 appearance
Alex O'BrienCounsel
1 appearance

for the Respondent MacDonald

Senka DukovichCounsel
2 appearances
Minh Ngoc Thi PhamCounsel
1 appearance

for the Respondent Union

Harriet SimandCounsel
2 appearances
Neil PollockCounsel
1 appearance
Janet WrightCounsel
1 appearance

for the Respondent, Villa Colombo Homes for the Aged, Inc.

Angela RaeCounsel
1 appearance
Terry McBurneyAgent
1 appearance
Vince LucaAgent
1 appearance

for the Workers' Compensation Board

Janice BakerCounsel
1 appearance

on her own behalf

Benita LarsenSelf-represented
1 appearance
Donna ReidSelf-represented
1 appearance
Jean PedersenSelf-represented
1 appearance

on her own behalf and for Edward Singbush

Lucy CameronSelf-represented
1 appearance

pour le conseil des écoles séparées catholiques de langue française de Prescott-Russell

R. CôtéCounsel
1 appearance

pour le Groupe des employées

S. DukovichCounsel
1 appearance

pour le Syndicat canadien de la fonction publique

J. ElderCounsel
1 appearance

Decisions

Years active

Tribunals

1990–1999

Active range

OPEHT49(100%)

Decision types

motion

appeal

trial

Page 3 of 3 (49 cases)