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Elementary teachers constitute seven job classes based on qualifications, requiring a single joint pay equity plan.
The employers and bargaining agents disputed the number of job classes and pay equity plans required for elementary school teachers under the Pay Equity Act, 1987.
The employers argued that all elementary teachers constituted a single job class and that separate pay equity plans were required for male and female teachers.
The Tribunal held that elementary teachers are divided into seven distinct job classes based on their different educational qualifications and corresponding salary ranges.
Furthermore, the Tribunal determined that a single pay equity plan was appropriate for all elementary teachers, as they form a single bargaining unit represented jointly by their respective branch affiliates.
The Tribunal also permitted limited intervenor status to the secondary school teachers' federation to provide historical context on teacher compensation grids.
Transfer of patents, expertise, and goodwill constituted a sale of a business under the Labour Relations Act.
The applicant trade union alleged that a sale of a business occurred between ComDev and Senstar Corporation, and sought a declaration that Senstar was bound by the existing collective agreement.
Senstar argued that only assets were transferred, that the union's geographic scope did not cover Senstar's location, and that the union's constitution did not permit Senstar employees to join.
The Ontario Labour Relations Board found that the transfer of patents, technical expertise, customer lists, and goodwill constituted a sale of a business under section 63 of the Labour Relations Act.
The Board also interpreted the collective agreement's geographic scope liberally to include Senstar's location and found the union's constitutional amendment valid.
A representation vote was ordered due to the intermingling of employees.
Employees must be given notice of an intervener's application for certification.
In an application for certification, an intervener union filed its own application for certification.
The Board considered whether employees must be given notice of the intervener's application.
Both the applicant and intervener opposed giving notice, arguing that a vote was likely and employee petitions would be irrelevant.
The Board rejected this argument, holding that employees have a right to participate in certification proceedings and must be given meaningful notice of a second application.
The Board directed the employer to post notices of the intervener's application.
