OPEHT 1990

The parties reached an agreement to adjourn the application sine die pending the release of the Ontario Court of Appeal's decision in a related pay equity case.

The Pay Equity Hearings Tribunal granted the adjournment but noted the need to place a finite limit on such adjournments to manage its caseload.

The Tribunal ordered that unless the parties objected within 21 days, the matter would be adjourned sine die and terminated if neither party requested a hearing within one year.

A Review Officer referred a matter to the Pay Equity Hearings Tribunal under subsection 24(5) of the Pay Equity Act, 1987, alleging that neither the Senior Officers' Association nor the Board of Commissioners of Police had complied with an order to compare female and male job classes.

As neither party had made an application to the Tribunal, the Tribunal requested written submissions on several procedural and substantive issues, including whether the Tribunal's Rules of Practice applied and whether the matter was properly before the Tribunal.

The parties in several cases requested an adjournment pending the Tribunal's determination in the Women's College Hospital case.

The Tribunal granted the adjournment but imposed a condition requiring the applicants to inform the Tribunal within 30 days of the release of the Women's College Hospital decision whether they intend to proceed.

One member dissented on the imposition of the 30-day deadline.

The parties agreed to adjourn the application sine die pending a Court of Appeal decision in another matter.

The Tribunal proposed to terminate the application if not brought back within one year, and invited submissions.

The City and Library objected, arguing it interfered with their private agreement.

The Tribunal held that it has the authority to manage its caseload and impose limits on adjournments.

The Tribunal imposed the one-year limit, noting the parties could amend their agreement or request an extension if the Court of Appeal decision was delayed.

Peat Marwick requested a reconsideration of the Tribunal's decision denying it intervenor status in a pay equity dispute between the Ontario Nurses' Association and Women's College Hospital.

The Tribunal held that its discretion to reconsider decisions under s. 30(2) of the Pay Equity Act should only be exercised in compelling and extraordinary circumstances to preserve the finality of decisions.

Finding no new evidence, change in circumstances, or error of law, the majority dismissed the request.

One member dissented, finding that the consolidation of multiple similar applications constituted a sufficient change in circumstances to warrant reconsideration.

The employers and bargaining agents disputed the number of job classes and pay equity plans required for elementary school teachers under the Pay Equity Act, 1987.

The employers argued that all elementary teachers constituted a single job class and that separate pay equity plans were required for male and female teachers.

The Tribunal held that elementary teachers are divided into seven distinct job classes based on their different educational qualifications and corresponding salary ranges.

Furthermore, the Tribunal determined that a single pay equity plan was appropriate for all elementary teachers, as they form a single bargaining unit represented jointly by their respective branch affiliates.

The Tribunal also permitted limited intervenor status to the secondary school teachers' federation to provide historical context on teacher compensation grids.