Lawrence Walter

The Applicant union moved to stay a Review Services order and to strike portions of the Respondent's Response.

The Tribunal dismissed the motion to stay, finding no statutory basis to stay a review officer's order when no enforcement was sought and the issues were already before the Tribunal.

The Tribunal granted the motion to strike portions of the Response that contained new allegations of bad faith bargaining not raised during the Review Services process, while allowing the Respondent to amend its remedy to seek confirmation of the review officer's order.

The applicant union filed a complaint alleging the respondent municipality contravened the Pay Equity Act.

The respondent and the Board of Commissioners of Police challenged the Tribunal's jurisdiction to hear the complaint, arguing the review officer had not declared an inability to effect a settlement.

The Tribunal held it had jurisdiction under both s. 25(1)(a) and s. 25(1)(b) of the Act, finding that a reasonable opportunity for settlement had occurred and that an order had been issued entitling the applicant to request a hearing.

The Tribunal also granted the Board of Commissioners party status for the limited purpose of determining what constitutes the establishment.