Corporation of the City of Windsor v. Moor, 2015 CanLII 43675

Corporation of the City of Windsor v Shirley D. Moor, and Canadian Union of Public Employees, Local 543

PEHT Case No: 0493-15-PE

Applicant: Corporation of the City of Windsor Respondents: Shirley D. Moor, and Canadian Union of Public Employees, Local 543

Before: Mary Anne McKellar, Chair

Decision of the Tribunal: July 16, 2015

Decision

1This is an application under the Pay Equity Act, R.S.O. 1990, c. P.7, as amended (“the Act”) for review of an Order dated April 27, 2015.

2Section 4.2.1(1) of the Statutory Powers Procedure Act permits a panel of one to decide this matter.

3The Order found that the applicant employer (“the City”) and the respondent trade union (“CUPE”) had contravened the Act when they agreed to a temporary wage reduction for City recreational staff, including the respondent Moor. The City was ordered to pay Moor the difference between what she was paid during the period in question, and what she would have been paid absent the reduction to her hourly rate. The Order did not extend to any other similarly-affected recreational staff.

4Moor has filed a response to the application.

5CUPE requested and was granted an extension until June 30, 2015 to file its response, but has not filed anything to date, nor has it requested a further extension.

6Unless CUPE delivers and files a response in this matter on or before July 24, 2015, its right to participate in this proceeding will be restricted to attending and observing any Pre-Hearing Conference or hearing scheduled, and cross-examining any witnesses called by the other parties, but it will not be permitted to call any witnesses of its own or introduce any documentary evidence.

7This matter is referred to the Registrar to be scheduled for a Pre-Hearing Conference.

8I am not seized.