The Applicant union requested a hearing to review an Order of a Review Officer which found the Metropolitan Toronto Library Board to be the employer of the library staff for pay equity purposes.
The union argued that the Municipality of Metropolitan Toronto was the true employer.
Applying the four criteria from Haldimand-Norfolk (No.3), the Tribunal found that the Municipality exercises substantial control over the Library Board's budget, heavily influences compensation practices, and that public library services are a core, integral activity of the Municipality.
The Tribunal concluded that the Municipality of Metropolitan Toronto is the employer of the library workers for the purposes of the Pay Equity Act, 1987, and revoked the Review Officer's Order.