Pay Equity Hearings Tribunal
PEHT Case No: 1248-19-PE
Sandra Commerford, Applicant v Niagara Health System, and Service Employees International Union, Local 1, Respondents
BEFORE: M. David Ross, Chair
DECISION OF THE TRIBUNAL: July 3, 2020
Decision
This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7, as amended (“the Act”).
Section 4.2(1) of the Statutory Powers Procedure Act, R.S.O. 1990, permits a panel of one to determine this issue.
The Board received a letter dated June 29, 2020 from the applicant. In the letter she requests that the respondent, the Service Employees International Union, Local 1 (“SEIU, Local 1“), pay for legal representation so that her rights and interests are protected. The applicant also wrote that she would file a Duty of Fair Representation complaint with the Ontario Labour Relations Board if representation is not provided.
It is not clear to the Tribunal whether this letter is a request of the Tribunal to order the SEIU, Local 1 to provide representation or a request of the SEIU, Local 1 directly.
If the applicant intends to request an order of this nature from the Tribunal, she is directed to, by no later than July 17, 2020, file any submissions she wishes the Tribunal to consider on the issue of whether the Tribunal has jurisdiction to make such an order.
The Tribunal does wish to remind the parties that the Ontario Labour Relations Board and the Tribunal are separate adjudicative bodies and as such, the Tribunal does not have overlapping jurisdiction with the Board to consider fair representation complaints.
Dated at Toronto, Ontario this 3rd day of July, 2020.
"M. David Ross" . M. David Ross, Chair