A. Wall

The employer requested a reconsideration of the Pay Equity Hearings Tribunal's decision dated April 28, 2008, seeking clarification on the effective date and calculation of retroactive pay equity adjustments for the Casual Driver job class.

The Tribunal granted the reconsideration, amending its previous order to correct the effective date of the retroactive adjustments from January 1, 1994, to April 1, 2003.

The Tribunal also clarified that the retroactive adjustment of $1.36 per hour should be calculated less any monies already paid to the Casual Driver job class.

The applicant union filed an application for certification and unfair labour practice complaints against the respondent employer, alleging interference during an organizing campaign at its Peterborough plant.

The employer engaged in a series of actions including laying off employees, demoting union supporters, increasing surveillance of the primary union organizer, and using a worker committee to identify and discredit union supporters.

The Board found that the employer's actions violated sections 65, 67, and 71 of the Labour Relations Act.

Concluding that the employer's contraventions created a chilling effect such that the true wishes of the employees were not likely to be ascertained in a representation vote, and finding that the union had adequate membership support for collective bargaining, the Board granted certification pursuant to section 8 of the Act.