Bob Bass

The employers brought a preliminary motion arguing that the union was estopped from advancing the argument that proxy pay equity plans applied to retirement home employees, relying on a 2004 Letter of Understanding.

The Tribunal dismissed the motion, finding that the Letter of Understanding merely suspended the union's pursuit of pay equity adjustments pending the final legal outcome of a related case, and did not restrict the legal arguments the union could subsequently raise.

The Minister of Labour referred a question to the Ontario Labour Relations Board to determine whether North Yorkers for Disabled Persons Inc., a group home providing 24-hour attendant care to physically disabled adults, is a 'hospital' under the Hospital Labour Disputes Arbitration Act.

The employer argued that the care provided was not medical and that the residents were capable of directing their own care.

The Board concluded that the extensive personal care provided to the residents, who suffer from physical illnesses or injuries, constitutes 'observation, care or treatment' within the meaning of the Act.

The Board advised the Minister that the facility is a hospital under the Act, with one member dissenting.