A.G. Simpson Automotive Inc.

File No.: 3270-10-PE Applicant: A.G. Simpson Automotive Inc. Before: Diane L. Gee, Chair. Decision of the Tribunal: January 11, 2011

Decision

[1]. 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 asserts that the pay equity adjustments that would be paid out to employees under the pay equity plan that it proposes are higher than those that would be paid under the pay equity plan the Review Officer has ordered it to create.

[2]. A.G. Simpson Automotive Inc is hereby directed to:

• post a copy of the Application, this decision and a copy of the enclosed Notice of Application to Employees in the workplace in locations where it will come to the attention of employees who may be affected by the application;

• mail a copy of the application, the Notice of Application to Employees and this decision to all of the employees who are no longer employed at A.G. Simpson Automotive Inc. who may be affected by the application at their last known mailing address;

• comply with the foregoing directions within 15 days of the date of this decision; and

• inform the Tribunal in writing when all of the foregoing directions have been complied with.

[3]. Anyone who receives a copy of this application who wishes to participate in any proceedings that may take place is hereby directed to follow the directions as set out in the attached Notice of Application to Employees.

“Diane L. Gee”

Diane L. Gee, Chair