February 6, 2017

Mr. Tim Price
Little, Inglis, Price and Ewer LLP
148 Wortley Road
London, ON   N6C 3P5

Re: OPSEU v Community Living Tillsonburg – Pay Equity Adjustments
Enforcement of Pay Equity Hearing Tribunal Order, dated November 23, 2016

Dear Mr. Price:

Enforcement of Pay Equity Hearing Tribunal Order, dated November 23, 2016

We are counsel to OPSEU in the above-noted matter.  We write to request the immediate compliance with the Pay Equity Hearings Tribunal order and that Community Living Tillsonburg ("CLT") make the required pay equity payments owing to the female employees as well as the required adjustments to the job rates of the OPSEU bargaining unit members.  

OPSEU will not accept Community Living Tillsonburg's significant and continued failure to comply with the Pay Equity Act.  The required Pay Equity Act adjustments to redress the undervalued women's work and systemic gender discrimination in compensation are owed retroactive to April 2010. The Pay Equity Office Review Services ordered payment on April 23, 2015.  On November 23, 2016, the Pay Equity Hearings Tribunal (the "Tribunal") issued its order confirming payment within 60 days.  This matter has languished for too long. 

Payment of the Tribunal's order, $784,632.23, plus interest, is required immediately.  

As you are aware, on April 13, 2016, the parties attended the Pay Equity Hearings Tribunal pre-hearing conference where CLT admitted that it had not paid the required retroactive pay equity adjustments and had not made changes to the job rates as ordered by the Pay Equity Review Officer.  Following the pre-hearing conference, counsel engaged in further discussions to confirm the adjustments owing. The payment schedule of 60 days was agreed to by consent and counsel for the Pay Equity Office duly advised the Tribunal and provided the agreed Schedules for payment. (see attached letter and Schedule A).

On November 23, 2016, the Tribunal issued its order, which confirmed the order of the Pay Equity Review Officer. The Tribunal ordered CLT to make the statutory minimum pay equity adjustments retroactive to January 1, 2010 to December 15, 2016 including  interest.  The Tribunal further ordered that the job rates of the OPSEU bargaining unit members are to be adjusted to the appropriate pay equity rate.  The Tribunal ordered that these adjustments be made within 60 days of the decision.  (see the attached PEHT order)

The OPSEU L161 members were owed the pay equity adjustments no later than January 24, 2016.  We are advised by our client that CLT informed OPSEU L161 and OPSEU's staff representative, Tom Watson, that it will not make the pay equity adjustments owing and it will not adjust the job rates as required and ordered.

In an effort to avoid further costs to your client in this matter, we request that you pay this amount in full forthwith and in any event by no later than February 15, 2017.

Should we not receive payment from you on or before February 15, 2017, we will move to enforce the Order in accordance with Rule 84 of the Pay Equity Hearings Tribunal Rules of Practice as an Order of the Court.   OPSEU will proceed to enforce the judgment debt of $784,632.23.  This figure excludes any prejudgment and post-judgment interest owing and any legal costs for enforcement of the order in accordance with the Courts of Justice Act.   OPSEU will seek any and all monies and legal costs as it advances this matter.

In the event you have any questions do not hesitate to contact me directly.

Yours very truly,

Cavalluzzo Shilton Mcintyre Cornish LLP

Janet E. Borowy
JB/iu

Encls:  PEO counsel letter, dated October 12, 2016A
Pay Equity Hearings Tribunal order, dated November 23, 2016.

c. Ms. Pat Honsberger, Supervisor OPSEU
Ms. Ann Wallace, OPSEU Senior Negotiator, Pay Equity
Ms. Nancy John, OPSEU Local 161 President
Ms. Senka Dukovich, Legal Counsel, Pay Equity Office

OPSEU letter to Community Living Tillsonburg's legal counsel