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 21, 2016

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

[2]. These 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.

[3]. These matters are referred to the Registrar to schedule for Pre-hearing Conference (“PHC”) on the same day before the same panel. It remains to be determined whether one joint PHC will be convened, or whether each PHC will proceed separately.

[4]. In a decision dated July 13, 2016, I directed submissions concerning whether to conduct a joint PHC in these matters. The employer, Community Living Toronto (“CLT”), and the respondent employees in Case No. 0593-16-PE are in favour of such a joint proceeding. Canadian Union of Public Employees, Local 2191 (“CUPE”) wishes to review the contents of the file in Case No. 0593-16-PE before it takes a position on the issue.

[5]. If it has not already done so, CLT is directed to provide CUPE with a copy of all filings in Case No. 0593-16-PE on or before July 26, 2016. Following receipt of those materials, CUPE is to advise the Tribunal by July 29, 2016 whether it has any objection to a joint PHC.

[6]. The respondent employees request a copy of the contents of the file in Case No. 0779-15-PE to prepare for a joint PHC, if one is scheduled. In the event the union has no objection to a joint PHC, CLT is directed to provide a copy of those materials to the respondent employees on or before August 5, 2016.

Dated at Toronto, Ontario this 21st day of July, 2016.

"Patrick Kelly" Patrick Kelly, Alternate Chair