1120-09-PE Oakwood Retirement Communities Inc., Applicant v. S.E.I.U. Local 1 Canada, Responding Party.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE TRIBUNAL: February 23, 2011
[1]. A final decision on the merits of this application issued on December 15, 2010. Paragraph 71 and 74 of that decision read:
The employer has ninety days from the date of this decision to achieve pay equity in the bargaining unit for which SEIU is the bargaining agent. Within that period, it must inform the SEIU in writing of all the steps it intends to take and/or has taken to achieve compliance with the Act, and to provide SEIU with all the information upon which the applicant relies in achieving compliance with the Act. Any decisions the employer may wish to make pursuant to the section 1(1) definitions of female job class and male job class must meet with the agreement of SEIU and otherwise comply with subsection 1(5).
I remain seized to deal with any issues concerning the implementation of this decision.
[2]. The Tribunal is in receipt of correspondence from counsel for the responding party (“the union”). Counsel notes that approximately 70 days have passed since the Tribunal’s decision. Counsel contends that the applicant has refused to comply with requests of the union’s representative to be informed of the applicant’s progress in achieving pay equity. Counsel requests that I conduct a teleconference with the parties in the next few days.
[3]. It seems to me that little if anything would be achieved by consulting with the parties at this stage, prior to the expiration of the 90-day period set out in my previous decision.
[4]. If, following the expiration of the 90-day period the union is of the view that the applicant has not complied with the Tribunal’s order, it may then request a conference call and/or a hearing to deal with the issue.
“Patrick Kelly”
Patrick Kelly, Vice-Chair