Ann Marie Delorey

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.

The Ontario Nurses' Association applied to have the City of London and the County of Middlesex declared the employer of the nurses at the Board of Health Middlesex-London Health Unit for the purposes of the Pay Equity Act.

Applying the Haldimand-Norfolk test, the Tribunal found that the Health Unit has overall financial responsibility, responsibility for compensation practices, and the core activity of providing public health programs independently.

The Tribunal concluded that the Board of Health Middlesex-London Health Unit is the employer, and dismissed the application.