Pay Equity Hearings Tribunal
File No.: 3072-11-PE Date: November 7, 2012
Applicant: Canadian Union of Public Employees Local 218 Responding Party: Durham Catholic District School Board
Before: Diane L. Gee, Chair
Appearances: Steve Lillico, Rod King, Linda Newman, Maureen Suddard, Maureen MacInnis, Nikki Spiers and Karen Ulrich appearing for the applicant Carolyn Kay, Frank Perruccio and Stephanie Jeronimo appearing for the responding party
Decision of the Tribunal
1A case management meeting was held in connection with this matter on October 30, 2012. The purpose of this decision is to confirm the understandings reached and directions made by the Pay Equity Hearings Tribunal (the “Tribunal”) at the meeting in order to prepare this matter for hearing should such prove necessary.
Hearing Dates
2The Registrar of the Tribunal has been asked to schedule three dates for the hearing of this matter. Ideally, one date will be set in March 2013 with the two additional dates set at least four weeks later. The Registrar will be in contact with the parties concerning the scheduling of these dates.
Timeliness Objection
3The Durham Catholic District School Board (the “Board”) will advise the Canadian Union of Public Employees Local 218 (the “Union”) and the Tribunal no later than February 1, 2013 as to whether it intends to pursue its objection to the application on the basis of timeliness.
4If the Board advises that it intends to pursue its timeliness objection the first hearing date scheduled in connection with this matter will be used solely for the purposes of hearing the parties’ evidence and submissions in connection with the Board’s timeliness objection.
5If the Board advises that it intends to pursue its timeliness objection the Board must provide the Union and the Tribunal with submissions, setting out in full the facts and case citations it relies upon no later than February 15, 2013. The Union must provide the Board and the Tribunal with submissions setting out in full the facts and case citations it relies upon in opposition to the Board’s timeliness objection no later than March 1, 2013.
Commencement of Hearing on the Merits
6If the Board advises that it does not intend to pursue its timeliness objection, the hearing of this matter on its merits will commence on the first hearing date set by the Registrar. If the Board advises that it does intend to pursue its timeliness objection, the hearing of this matter on its merits will commence, if at all, when the Tribunal releases its decision on the timeliness objection.
Bifurcation of the Hearing
7The hearing on the merits will be bifurcated such that the Tribunal will first determine whether, for the purposes of calculating retroactive pay equity adjustments, the parties are locked into the PDQ date. The Union has provided as Appendix 12 to its application the classifications in respect of which it submits this issue arises. The Board is hereby ordered to advise the Union and the Tribunal no later than November 23, 2012 as to whether it is in agreement with the first three columns of this chart (starting from the left hand side) and the PDQ date for each classification.
8The Union is hereby directed to deliver to the Board and file with the Tribunal a reply to the response filed by the Board no less than 15 business days in advance of the date on which the hearing into the merits of this application will begin. Such reply need only speak to aspects of the response dealing with the issue of whether, for the purposes of calculating retroactive pay equity adjustments, the parties are locked into the PDQ date.
9The Board and the Union are hereby directed to deliver to one another and file with the Tribunal a copy of all documents that they intend to rely upon in the hearing of this matter no less than 10 business days in advance of the date on which the hearing into the merits of this application will begin.
10As the applicant, the Union will call its evidence first. The Union is hereby directed to deliver to the Board and file with the Tribunal, no less than 10 business days in advance of the date on which the hearing into the merits of this application will begin, a Will Say Statement sworn by its main witness. The Will Say Statement must contain everything that the individual swearing the Statement would say during the course of examination in chief. The Union will be required to call the individual as a witness but will be given no more than 15 minutes to ask questions in chief of the witness. Questions asked of the witness by the Union in chief are not to raise new matters not set out in the Will Say Statement. The Board will be given full right of cross-examination after which the Union will be permitted full right of re-examination.
11The Board is hereby directed to deliver to the Union and file with the Tribunal, no less than 10 business days in advance of the date on which the hearing into the merits of this application will begin, a Will Say Statement sworn by its main witness. The Will Say Statement must contain everything that the individual swearing the Statement would say during the course of examination in chief with the exception of testimony given in response to the evidence put in by the Union. The Board will be required to call the individual as a witness and will be permitted to question the witness about matters not set out in the Will Say Statement provided the questions arise out of evidence adduced by the Union. The Union will be given full right of cross-examination after which the Board will be permitted full right of re-examination.
12This matter is hereby referred to the Registrar for the purposes of consulting with the parties concerning the scheduling of three hearing dates; one date preferably in March 2013 with two further dates set no less than four weeks later.
“Diane L. Gee”
Diane L. Gee, Chair