Stephen Patterson

The applicant union sought interim relief under section 92.1(1) of the Labour Relations Act, requesting that the successor employers be ordered to provide a pension plan equivalent to the Public Service Pension Plan pending the disposition of the main application.

The main application alleged that the employers violated the statutory freeze under section 81(1) by altering the pension plan.

The Board found that the applicant had demonstrated an arguable case and that the balance of harm favoured granting the interim relief to restore the collective bargaining positions of the parties.

The Board ordered the employers to provide the equivalent pension plan forthwith.

The Ministry of Community and Social Services requested a hearing to review an order naming it as the employer for pay equity purposes of employees at the Kingston-Frontenac Children's Aid Society.

The Tribunal examined the relationship between the Ministry and the CAS, focusing on financial control, responsibility for compensation practices, and determination of services provided.

The Tribunal found that the Ministry exercises fundamental control over the CAS's finances, services, and compensation practices, despite the CAS having routine control over day-to-day operations.

Consequently, the Tribunal concluded that the Ministry is the employer for the purposes of the Pay Equity Act and directed the Ministry and the union to negotiate a pay equity plan.

The Ontario Nurses' Association applied to have the City of London and the County of Middlesex declared the employer of the nurses at the Board of Health Middlesex-London Health Unit for the purposes of the Pay Equity Act.

Applying the Haldimand-Norfolk test, the Tribunal found that the Health Unit has overall financial responsibility, responsibility for compensation practices, and the core activity of providing public health programs independently.

The Tribunal concluded that the Board of Health Middlesex-London Health Unit is the employer, and dismissed the application.