Court File and Parties

PEHT Case No: 1235-15-PE

Community Living North Perth, Applicant v Ontario Public Service Employees Union, Local 226, Respondent

PEHT Case No: 1236-15-PE

Community Living North Perth, Applicant v Michael Town, Karen Zyta, Carolyn Bender, and Sondra Scott, Respondents

BEFORE: Patrick Kelly, Alternate Chair

DECISION OF THE TRIBUNAL: August 12, 2015

Decision

[1]. These are applications under the *Pay Equity Act*, R.S.O. 1990, c.P.7, as amended. Case No. 1235-15-PE pertains to an Order of a Review Officer in relation to a pay equity plan that applies to bargaining unit employees represented by Ontario Public Service Employees Union, Local 226. Case No. 1236-15-PE is in respect of an Order of the same Review Officer that applies to non-union employees. According to those Orders, the applicant (formerly Listowel District Association for Community Living) posted a pay equity plan for unionized and non-union employees in 1994 and paid out pay equity adjustments under the plan (or plans respectively) up to the end of 2012. The Orders state that the applicant failed to pay the required pay equity adjustments under the plan(s) in the years 2013, 2014 and 2015.

[2]. Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to decide the issue (notice and service of application) that arises in these matters.

[3]. In both applications, the applicant takes the position that it is not the employer of the employees covered by the Review Officer’s Orders of July 7, 2015. The applicant contends that the employer is the Crown in Right of Ontario (represented by the Ministry of Community and Social Services) (“the Ministry”). However, the applicant has not served the Ministry with a copy of these applications.

[4]. The applicant is ordered to serve forthwith copies of the applications in accordance with the Tribunal’s Rules of Practice, as well as a copy of this decision and the Confirmation of Filing of Application in both matters, to the Ministry. Furthermore, the applicant is ordered to file with the Tribunal a completed Statement of Service confirming that it has served the Ministry in compliance with this decision, on or before September 4, 2015.

[5]. In respect of Case No. 1236-15-PE, the Tribunal orders the applicant to mail forthwith a copy of the application, this decision, and the Notice to Employees of Application that was contained in the Registrar’s correspondence of August 10, 2015 to the last known address of each of any individuals (non-union) who worked for, but no longer work for, the applicant and who were eligible to receive pay equity adjustments in 2013, 2014 and 2015 pursuant to the proxy pay equity plan referred to in the Review Officer’s Order of July 7, 2015. The applicant is directed to advise the Tribunal in writing once the mailing of these documents has been completed, and in any event, by no later than September 4, 2015. The applicant is to include the names of the individuals to whom the documents were sent, as well as the method and date of service.

Dated at Toronto, Ontario this 12th day of August, 2015.

"Patrick Kelly" Patrick Kelly, Alternate Chair