Vince Johnston

The parties reached an agreement regarding a process to resolve outstanding pay equity matters and requested the Tribunal to incorporate their agreement into an order.

The Tribunal ordered the withdrawal of two applications and the adjournment of a third.

Pursuant to section 25(2) of the Pay Equity Act, a Review Officer was assigned to assist the parties in concluding pay equity plans for the SETA and PSSP bargaining units.

The order detailed the job evaluation system to be used, the timeline for preparing and posting the plan, and the information the Review Officer must provide if required to carry out job comparisons or determine pay equity adjustments.

The employer posted a pay equity plan that purported to cover employees in two newly certified bargaining units without negotiating with the union.

The union argued the posting was invalid because it occurred after certification, triggering the employer's obligation to negotiate.

The employer contended the plan was posted prior to certification.

The Tribunal found that the plan was not properly posted in a location accessible to all employees until after the union was certified.

Consequently, the employer violated the Pay Equity Act by unilaterally posting the plan and was ordered to negotiate a gender-neutral comparison system and pay equity plan with the union.

The union applied for certification and filed an unfair labour practice complaint alleging that the employer's decision to lay off several employees was motivated by anti-union animus.

The employer argued the layoffs were strictly due to the loss of a major contract and a general economic downturn.

The Board found that while there were valid business reasons for downsizing, the specific selection of employees for the July layoffs was tainted by anti-union animus, as the laid-off employees were key union supporters.

The Board also found that letters distributed by the employer's president crossed the line of permissible free speech into undue influence by linking unionization to job insecurity.

A petition circulated by employees opposing the union was deemed involuntary due to the climate of fear regarding job security.

The Board ordered the reinstatement of the unlawfully laid-off employees with compensation and certified the union.