Pay Equity Hearings Tribunal
PEHT Case No: 1507-11-PE
Service Employees International Union, Local 1, Applicant v "Participating Nursing Homes", Respondent v Ministry of the Attorney General, Intervenor
BEFORE: M. David Ross, Chair, and Carla Zabek, Carol Phillips, Members
DECISION OF THE TRIBUNAL: April 21, 2022
Decision
This is an application under the Pay Equity Act, R.S.O. 1990, c. P.7 as amended ("the Act"), in which it was alleged by the applicant union ("the SEIU") that the respondent nursing homes ("PNH") 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").
By letter dated March 31, 2022, the SEIU set out the steps that it has taken and submitted that the parties are ready to be provided direction by the Tribunal about how to accomplish proxy pay equity maintenance as directed by the Court of Appeal in Participating Nursing Homes, 2021 ONCA 148. The respondents' dispute that the next step involves direction from the Tribunal about how pay equity maintenance is to be done via the proxy methodology, as the SEIU completed the steps unilaterally which is contrary to the terms of reference, and was provided to the PHN on the same day that the Tribunal received its March 31, 2022 update.
By no later than May 5, 2022, the SEIU is directed to file a response to PNH's letter setting out where the disputes remain, specifically with regards to the PNH's assertion that a joint process has not been completed in accordance with the terms of reference.
"M. David Ross" M. David Ross, Chair
"Carla Zabek" Carla Zabek, Member
"Carol Phillips" Carol Phillips, Member