PAY EQUITY HEARINGS TRIBUNAL
0576-95 Ontario Nurses’ Association, Applicant and The Women’s Christian Association of London, Operator of Parkwood Hospital, Respondent and Attorney General of Ontario, Intervenor
Before: Mary Anne McKellar, Vice-chair and Members Charles Taccone and Bruce Budd
Cite As: Parkwood Hospital (11 July 1996) 0576-95 (P.E.H.T.)
DECISION OF THE TRIBUNAL
This decision should be read in conjunction with our earlier decision in this matter (Parkwood Hospital (18 April 1996) 0576-95 (P.E.H.T.)), in which the Employer was requested to advise the Tribunal if it objected to the Union’s request that the Hospital’s reconsideration application be dismissed because the parties had reached a settlement of the matter pursuant to s. 25.1 of the Pay Equity Act, R.S.O. 1990, c. P.7, as amended (“the Act”). The Employer does object to the dismissal of the Application, and both it and the Union have suggested various ways in which the Tribunal might endorse what they refer to as the “record” in this matter. All of their suggestions appear premised on reinforcing the finality of the settlement between them.
We decline to issue any order in this matter. Pursuant to s.. 25.1 of the Act, the parties have reached a written settlement of all pay equity matters between them. Although it dealt with a request for revocation of a Review Officer’s Order following a s. 25.1 settlement, we find that the reasoning in Scarborough (No. 2) (1994), 5 P.E.R. 87 , at Para. 7, is applicable in these circumstances as well. The settlement is binding on the parties to it and on the employees in the bargaining unit represented by the Union. Either party may seek to have the Tribunal enforce compliance with the settlement. The reconsideration request cannot be pursued: it has become subsumed in the settlement. It is therefore unnecessary to issue any order with respect to it.
Dated at Toronto this 11th day of July, 1996:
Mary Anne McKellar
Vice-chair
Charles Taccone
Member
Bruce Budd
Member