PEHT Case No: 2001-18-PE
Glen Hill Terrace Christian Homes Inc., Applicant v Canadian Union of Public Employees (CUPE) Locals 2225-06/12 and 5110, Respondent
BEFORE: M. David Ross, Chair; Lori Bolton and Carol Phillips, Members
DECISION OF THE TRIBUNAL: May 19, 2023
This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7, as amended (“the Act”).
Pursuant to the Tribunal’s direction contained in its November 23, 2021 decision, the parties advised the Tribunal that they have completed their pay equity process to the point where they require the Tribunal’s direction on the procedure they must use to ensure that pay equity has been maintained using the proxy method.
By decision dated April 26, 2023, the Tribunal directed the parties to file written submissions with respect to the applicant’s request to adjourn this proceeding indefinitely pending the Tribunal providing such a direction in Tribunal Files Nos. 1507-11-PE and 3696-10-PE.
The respondent union does not agree that this direction should be delayed. The union submitted that there is no justifiable reason to delay this process pending other applications that do not involve either of these parties, and all it would accomplish is to indefinitely delay the assurance that pay equity has been maintained for the affected employees working in female job classes.
In its submissions the union relied on the Tribunal’s caution to the parties in its Participating Nursing Homes, 2020 CanLII 2058 (ON PEHT) decision that the Tribunal’s direction regarding the issue of pay equity maintenance using proxy comparators is an issue may not be isolated to those applications. In its response submissions, the union submitted:
To the extent that Glen Hill is submitting that to proceed in this matter prior to the resolution of 1507-11-PE and/or 3696-10-PE would be to grant CUPE and Glen Hill that “paramount right”, CUPE notes the balanced caution given by the Tribunal to ONA, SEIU, Local 1 and the Participating Nursing Homes that:
When considering its Court directed task, it may be that the Tribunal directs submissions from only the parties to this proceeding; that the Tribunal seeks submissions from the public and other interested entities; or undertakes a different process altogether. The Tribunal ensures that it is taking this responsibility seriously
The applicant relied on the same quotation when it submitted that the Tribunal’s decision about how the maintenance process is done using proxy comparators is “broad and sweeping” in its application beyond these parties.
The Tribunal agrees with the union that this direction should not be delayed indefinitely pending the Tribunal providing directions to the parties to Tribunal Nos. 1507-11-PE and 3696-10-PE. The Tribunal has no estimate as to when it will be in the position to provide any direction to those parties. Those parties have been directed to return to Review Services to resolve substantive differences that need to be completed before the Tribunal can provide any directions regarding pay equity maintenance using proxy comparators, and the Tribunal has received no timetable for when this is expected to be completed.
The Tribunal also agrees with the union and the employer that the Tribunal’s direction about how the maintenance process is completed using proxy comparators could have broad applications and implications for the community at large. As such, in the Tribunal’s view, it is prudent to provide the opportunity for any person or organization to seek intervenor status in this application to make submissions that they wish the Tribunal to consider about what procedure should be directed about how pay equity maintenance using proxy comparators should be completed in this case.
To be clear, the Tribunal has not determined that the process that is to be used with respect to pay equity maintenance using proxy comparators in this application will be the process directed by the Tribunal in other applications that proceed before it. However, it may be that the process directed in this application will provide valuable insight into how this process should be done in subsequent applications.
Accordingly, the Tribunal will post the attached Notice to the Community on its website. Any person or organization that wishes to seek intervenor status in this proceeding shall do so in accordance with the Notice to the Community by no later than July 7, 2023. Any intervention will be limited in content to setting out the reasons why the person or organization asserts that they should be granted intervenor status, and the reasons why they believe they have information or knowledge that could assist the Tribunal with respect to how pay equity maintenance should be completed using proxy comparators.
The applicant and respondent shall have until August 7, 2023, to file any objections to any person or organization seeking intervention status that they wish the Tribunal to consider.
The Tribunal will consider any intervention requests received, and any objections of the parties. The Tribunal will then issue a decision setting out which persons or organizations will be granting intervention status and the next steps of the process.
"M. David Ross" M. David Ross, Chair
“I agree”
Carol Phillips, Member
“I agree”
Lori Bolton, Member
APPENDIX A - NOTICE TO COMMUNITY
PEHT File No. 2001-18-PE – CALL FOR INTERVENTION REQUESTS
The Tribunal has been directed by the Court in Participating Nursing Homes, 2021 ONCA 148 to “specify what procedures should be used to ensure that those employees, represented by the Unions, who have established pay equity through the proxy method, will continue to have access to male comparators to maintain pay equity”.
This direction was provided with respect to two specific files, Tribunal Nos. 1507-10-PE and 3696-11-PE, but this issue is not isolated to these specific parties. This issue has come before the Tribunal in Tribunal No. 2001-18-PE, and since this is a case of first instance, the Tribunal is providing the opportunity for any person or organization who wishes to make submissions on this issue to seek intervenor status in this matter.
The history of this case can be found at Glen Terrace Christian Homes Inc., 2021 CanLII 126444 (ON PEHT).
Any person or organization who wishes to intervene and have the opportunity to provide submissions on this issue for the Tribunal’s consideration shall file their request to intervene by no later than July 7, 2023.
Any such person or organization seeking to intervene on this issue shall file their request pursuant to the following procedure:
a) The request must be filed electronically using the Tribunal’s Electronic Submissions Form.
b) In the field “PEHT File Number(s), it must be filled out “2001-18-PE”
c) In the field “Party, if Applicable”, it must be filled out “Request to Intervene”.
d) Attached to the Electronic Submissions Form shall be titled “[person or organization name][1] - Schedule “A” which is no longer than 3 pages. In this Schedule, the person or organization seeking to intervene shall set out for the Tribunal:
a. Who they are, and what interests/interested groups they seek to make submissions on behalf of; and
b. What information/knowledge/perspective they possess that they believe will assist the Tribunal in determining what procedures should be directed.
Please be mindful that the Tribunal is not seeking substantive submissions about what the procedure should look like at this stage. At this stage of the process, the Tribunal is only seeking information about why a person or organization should be granted intervenor status to make such substantive submissions at a later date.
After the close of the July 7, 2023 deadline, the Tribunal will provide a copy of each of the Schedules filed in accordance with the directions above to the applicant and respondent in Tribunal File No. 2001-18-PE. The Tribunal will not consider late filed requests or requests to extend the deadline.
The applicant and respondent will have until August 7, 2023 to file any objections to any person or organization seeking intervention status.
The Tribunal will issue a decision setting out which persons or organizations will be granted intervenor status on the issue of what procedures the Tribunal should direct to ensure that the parties continue to have access to male comparators using the proxy method.
In that decision, the Tribunal will set out the process and schedule for how it will receive the substantive submissions from each of the parties and intervenors.
1Please do not name (or copy and paste from this notice) the file “person or organization name”, put your name or your organization’s name in that place