0921-10-PE Thunder Bay Regional Health Sciences Centre, Applicant v. Canadian Office & Professional Employees Union, Local 96, Responding Party.
BEFORE: Caroline Rowan, Vice-Chair, Paul LeMay and Pauline R. Seville, Members.
APPEARANCES: Carolyn Kay, Sharen Howarth, Liane MacIntosh and Jason Sharbot appeared on behalf of the applicant; Janet Borowy, Don Talarico, Ellen Speer, Linda Paquette and Candy Langan appeared on behalf of the responding party.
DECISION OF THE TRIBUNAL: April 5, 2011
1In a decision dated January 5, 2011 the Tribunal requested the parties to this matter to file with the Tribunal written submissions on the following:
the issues remaining in dispute between the parties;
the parties’ respective position on those issues;
a statement of all facts upon which each relies;
a list of all witnesses that the parties intended to call and what each of the witnesses would testify to at the hearing.
2Both the employer and the Union filed their respective submissions and a hearing was convened in Thunder Bay on March 25, 2011.
3At the hearing the parties consented to the Tribunal rendering its decision on the basis of the filed materials and representations made by the parties themselves.
4After reviewing the submissions made by the parties, the Tribunal has determined that the outstanding disputes should be resolved on the basis of Appendix A to this decision and the Tribunal so orders.
5The Order of the Review Officer is hereby varied accordingly.
“Caroline Rowan”
Caroline Rowan, Vice-Chair
“Paul LeMay”
Paul LeMay, Member
“Pauline R. Seville”
Pauline R. Seville, Member
APPENDIX A
The parties will execute a Pay Equity Plan that incorporates the agreed upon bands and placement of job classes as set out in Attachment A.
The bands and the male comparator are as set out below:
Band
Band Width
Male Comparator (Points)
1
0-125
Pot Room Worker (107.5)
2
126-150
Van Driver (130.0)
3
151-175
Pharmacy Stock Clerk (157.5)
4
176-200
Maintenance Worker II (187.5)
5
201-225
Proportional Value
6
226 and above
Senior Buyer to July 31, 2005 (252.5)
Ortho Tech from August 1, 2005 (260.0)
For the period from April 1, 2003 to July 31, 2005, the Senior Buyer job class was male dominated and is the male comparator to be used for Band 6 up to that date.
Effective August 1, 2005 onwards, the Senior Buyer job class was female dominated.
The Health Records Clerk and Switchboard Clerk are 152.50 points. Physical Demands will be increased from 2.5 to 3 for the Switchboard Clerk. Working Conditions will be increased from 1.5 to 2 for the Health Records Clerk. As a result, those job classes are now in Band 3.
6For purposes of calculating the proportional value rate for Band 5, based on the average rates, the following male job classes and their respective points shall be used up to July 31, 2005:
Male job class
Points
Pot Room Worker
107.5
Van Driver
130.0
Pharmacy Stock Clerk
157.5
Maintenance Worker II
187.5
Senior Buyer
252.5
7For purposes of calculating the proportional value rate for Band 5, based on the average rates, the following male job classes and their respective points shall be used from August 1, 2005 onwards:
Male job class
Points
Pot Room Worker
107.5
Van Driver
130.0
Pharmacy Stock Clerk
157.5
Maintenance Worker II
187.5
Ortho Tech
260.0
8Retroactive adjustments will be calculated for all female job classes in the bargaining unit as follows:
Retroactive Date
Affected employee group
April 1, 2003
for bargaining unit positions
January 1, 2004
for former Cancer Care Ontario positions that transferred into the bargaining unit
March 7, 2005
for former Lakehead Psychiatric Hospital positions that transferred into the bargaining unit