A.G. Simpson Automotive Inc., 2011 CanLII 1133

File No. / Numéro de dossier : 3270-10-PE

NOTICE OF APPLICATION

TO EMPLOYEES OF A.G. SIMPSON AUTOMOTIVE INC.

A.G. Simpson Automotive Inc. has filed an application with the Pay Equity Hearings Tribunal under section 24(6) of the Pay Equity Act in which it asks that two Orders issued by a Review Officer of the Pay Equity Commission on May 21, 2010 and October 27, 2010 be varied. The Review Officer ordered the employer to post a pay equity plan based on determinations that the employer had provided to the Review Officer in September 2010 and that the employer seek male comparators from amongst bargaining unit positions where no male comparator could be found amongst the non-union positions. The employer seeks to have the Tribunal approve a pay equity plan that it devised after September 2010 in which, as a result of changing the point spread used when banding jobs, a non-union male comparator exists for all non-union female dominated jobs. The employer asserts that the pay equity plan it proposes is reasonable in the circumstances and compliant with the Act.

The employer’s application has been assigned Tribunal File No. 3270-10-PE.

You may be affected by the outcome of this application and as such you may have the right to participate.

The Tribunal has directed A. G. Simpson Automotive Inc. to post a copy of the Application (Form 1), the Decision of the Tribunal dated January 17, 2011 and this Notice to Employees in the workplace in location(s) where they are most likely to come to the attention of employees. If you obtained a copy of this Notice to Employees and do not have a copy of the Application or the Tribunal’s Decision, you can obtain one by calling the Tribunal at 416-326-7500 or Toll Free at 1-877-339-3335.

In the event that this matter proceeds to a hearing, to participate as an individual or as a group, you must have completed the following steps:

1. Complete a Response (Form 2) explaining your position. The Tribunal's Rules and Information Bulletins will help you to understand what information you need to provide in your Response. The Response form is available from the Tribunal’s website under Forms & Rules - Pay Equity Hearings Tribunal (http://www.olrb.gov.on.ca/pec/PEHT/forms/peht_form02_e.doc). The Tribunal’s website also provides guidelines as to how to proceed and remain anonymous: www.olrb.gov.on.ca/pec/peht/info/peht_info03.html.

2. Serve your completed Response (Form 2) on the parties listed on the Schedule “A” attached to this Notice to Employees. Then complete a Statement of Service (Form 3) explaining how and when you delivered the Response form.

3. File a copy of your Response (Form 2) and the Statement of Service (Form 3) with the Tribunal by February 28, 2011.

4. If you file a Response (Form 2), you will be advised of any pre-hearing and hearing dates set by the Tribunal.

If you do not file a Response with the Tribunal by February 28, 2011 the Tribunal may proceed with this application without any further notice to you.

Diane L. Gee

Chair, Pay Equity Hearings Tribunal