Community Living Toronto v. Canadian Union of Public Employees, Local 2191, 2016 CanLII 45326

Court File and Parties

PEHT Case No: 0779-15-PE Community Living Toronto, Applicant v Canadian Union of Public Employees, Local 2191, Respondent

PEHT Case No: 0593-16-PE Community Living Toronto, Applicant v Yvonne Coleman, Moreen Grant, Jennifer P. Moore, Liliana Lazarevski, Fernanda Mendonca, and Snehal (Gladys) Mendonca, Respondents

BEFORE: Patrick Kelly, Alternate Chair

DECISION OF THE TRIBUNAL: July 13, 2016

Decision

1Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to issue this decision.

2These are applications under the Pay Equity Act, R.S.O. 1990, c. P.7 as amended, which raise the issue of maintenance of pay equity in connection with a union pay equity plan and a non-union pay equity plan.

3The applicant and the responding party employees in Case No. 0593-16 request that the applications be “consolidated”. The responding party trade union in Case No. 0779-15-PE may not be aware of that request.

4For now, the two applications are to be listed together. If these matters proceed to a hearing, the same panel will deal with both matters. Whether that means the matters will be heard together in a single hearing, or heard sequentially, is an issue that can be dealt with later by the Tribunal if necessary.

5There has been a Pre-Hearing Conference in respect of Case No. 0779-15-PE, but not in respect of the other, more recent, application that affects the non-union employees. The Tribunal is considering convening a joint Pre-Hearing Conference to deal with both applications. The applicant, the respondent employees and the respondent trade union are to provide any written submissions they may wish to make to the Tribunal and to the other parties concerning the effectiveness of a joint Pre-Hearing Conference and any issues that might be addressed in such a proceeding, on or before July 20, 2016. In this regard, the parties’ attention is directed to Rules 40 to 44 of the Tribunal’s Rules of Practice.