14. (1) In an establishment in which any of the employees are represented by a bargaining agent, there shall be a pay equity plan for each bargaining unit and a pay equity plan for that part of the establishment that is not in any bargaining unit.
Bargaining unit plans
(2) The employer and the bargaining agent for a bargaining unit shall negotiate in good faith and endeavor to agree, before the mandatory posting date, on,
(a) the gender-neutral comparison system used for the purposes of section 12; and
(b) a pay equity plan for the bargaining
(3) As part of the negotiations required by subsection (2), the employer and the bargaining agent may agree, for the purposes of the pay equity plan,
(a) that the establishment of the employer includes two or more geographic divisions; and
(b) that a job class is a female job class or a male job.
Posting of plan
(4) When an employer and a bargaining agent agree on a pay equity plan, they shall execute the agreement and, on or before the mandatory posting date, the employer shall post a copy of the plan in the workplace.
Deemed approval and first adjustments
(5) When a pay equity plan has been executed by an employer and a bargaining agent, the plan shall be deemed to have been approved by the Commission and, on the day provided for in the plan, the employer shall make the first adjustments in compensation required to achieve pay equity.
Failure to agree
(6) Where an employer and a bargaining agent fail to agree on a pay equity plan by the mandatory posting date, the employer, forthwith after that date, shall give notice of the failure to the Commission.
(7) Subsection (6) does not prevent the bargaining agent from notifying the Commission of a failure to agree on a pay equity plan by the mandatory posting
Non-bargaining unit plan
(8) An employer shall prepare a pay equity plan for that part of the employer’s establishment that is outside any bargaining unit in the establishment and, on or before the mandatory posting date, shall post a copy of the plan in the workplace.
(9) Subsections 15 (2) to (8) apply to a pay equity plan described in subsection (8). R.S.O. 1990, c. P.7, s. 14.