Pay Equity Hearings Tribunal
Applicants: Sandra Taziker, Heather Stork, Ruby Robitaille, Jennifer Valdez, Gilda Everett, Brenda Andreatta, Marian Drouillard, Steven Vlachodimos, Vince Messina, Mary Rodgers, Julie Tonkin, Winnie Lee, Alena Sleziak, Beverly Timmins, Celia Southward, Laurie Parent
Responding Party: The Corporation of the City of Windsor
Before: Diane L. Gee, Chair.
Decision of the Tribunal: April 15, 2011
Decision
1The list of applicants in this matter currently names all individuals who have filed an application with the Tribunal as well as the Civic Association of Non-Union Employees (“CANUE”). Once the Tribunal has a complete list of all individuals represented by CANUE, the names of those individuals represented by CANUE will be removed from the list of applicants.
2By way of decision dated March 25, 2011, the Tribunal advised a number of employees of the Corporation of the City of Windsor (the “Employer”) who had filed objections with the Pay Equity Office (“PEO”) relating to the Pay Equity Plan posted by the Employer on January 19, 2011 that their objections would be dealt with by the Pay Equity Hearing Tribunal (the “Tribunal”) and not by PEO. The plan posted by the Employer on January 19, 2011 that is the subject of the objections is referred to as the “2005 Plan.” Employees who had filed an objection to the 2005 Plan with the PEO were directed to file an application with the Tribunal within 15 days of the date of the decision.
3The Tribunal has been advised by Marian Drouillard that some or all of the employees affected by the 2005 Plan are represented by CANUE and that CANUE is in the process of consulting with its members for the purpose of filing a response and representing them in connection with their objections to the 2005 Plan. CANUE has requested an extension of time for the filing of a response. CANUE is hereby directed to ensure that the Employer is given a copy of its April 12, 2011 correspondence to the Tribunal and to copy the Employer and any individuals who are listed as applicants that CANUE does not represent on all correspondence that it sends to the Tribunal in the future.
4The Tribunal hereby grants CANUE’s request for an extension of time to file its response to June 15, 2011. CANUE is to provide a list of the names of the employees who have authorized CANUE to represent them in this matter. Any individual who has authorized CANUE to represent them in this matter is not required to file a separate application. Only one individual will be able to speak on behalf of all of the employees who authorize CANUE to represent them. At this stage, the Tribunal understands that the contact person for CANUE is Marian Drouillard. The Tribunal will assume that Marian Drouillard, or anyone authorized by her, speaks on behalf of all employees who have authorized CANUE to represent them in connection with this matter.
5The Employer is hereby directed to bring this decision to the attention of the employees in the workplace by the most effective means available which may include posting it in the workplace, emailing it to each of the employees at their work email address and/or mailing it to them at their homes.
6The Employer is not required to file a response to the applications filed until directed to do so by the Tribunal. After CANUE has filed its application, the Tribunal will issue a further decision providing the parties with further direction.
7As the Board stated in its earlier decision, employees should bear in mind that where an employer is required to make a decision in an area where there are a range of reasonable outcomes, the decision made by the employer does not have to be “correct”. Rather, the employer’s decision must be “reasonable”. The process of evaluating jobs is one of those areas where there is no one correct answer. Reasonable people can disagree. Where this occurs, provided the employer’s, or perhaps as in this case the Review Officer’s, decision is reasonable, the Tribunal is unlikely to interfere with the decision that has been made.
“Diane L. Gee”
Diane L. Gee, Chair