Ontario Nurses' Association v. "Participating Nursing Homes", 2018 CanLII 113691

Pay Equity Hearings Tribunal

PEHT Case No: 3696-10-PE

Applicant: Ontario Nurses' Association Respondent: "Participating Nursing Homes" Intervenor: Ministry of the Attorney General

PEHT Case No: 1507-11-PE

Applicant: Service Employees International Union, Local 1 Respondent: "Participating Nursing Homes" Intervenor: Ministry of the Attorney General

Before: Mary Anne McKellar, Chair, and Members Catherine Bickley and Carla Zabek

Decision of the Tribunal: November 22, 2018

Decision

1These are applications under the Pay Equity Act, R.S.O. 1990, c. P.7 as amended ("the Act"), in which it was alleged by the applicant unions ("ONA" or the "SEIU") that the responding party nursing homes ("the Homes") had failed to maintain pay equity in respect of the bargaining unit employees subject to pay equity plans concluded pursuant to Part III.2 of the Act ("the Proxy Plans").

2These applications have been adjourned sine die several times following the release of our decision on the merits ("the Merits Decision") in January 2016.

3The Merits Decision is the subject of judicial review applications which we understand will be heard in February 2019.

4The workplace parties to these matters had requested that they be relisted for hearing. In our view, it is not appropriate to do so at this time, and we are adjourning them pending the outcome of the judicial review proceedings.

5Unless any party requests to proceed with these applications (or either of them) within the 30-day period following the release of the Court's decision in the judicial review proceeding, these applications will be deemed terminated.