No. 18

April 16, 1998

MASSÉ'S THREATS CONTINUE AS TRIBUNAL SEEKS CLARIFICATION

On April 14, the Alliance was notified that the Canadian Human Rights Tribunal hearing our case against Treasury Board has asked for written submissions on whether the Justice Muldoon decision in the Bell Canada case has any bearing on the issues in dispute in our case. All parties - PSAC, Treasury Board and the Canadian Human Rights Commission - are being invited to submit their comments.

Each party has 20 calendar days from April 14 to send their comments to the Tribunal with a copy to the other parties. At the end of this 20 day period, there is an additional 10 calendar days during which the parties can reply to each other's submissions. There is also the possibility of oral presentations before the Tribunal.

On a number of occasions since the Muldoon decision was issued, Treasury Board President Marcel Massé has made public comments about the impact of this decision on our complaint, with absolutely no evidence to back up his claims. For example, while Massé has claimed that the job-to-job methodology referred to in the Muldoon case has been Treasury Board's position, at no time did they present this position in the six years of hearings before the Tribunal. Another of Massé's claims - that using job-to-job methodology would result in significantly less money being owed - is just another of his threats. Because the joint study did not use this methodology, he has no way of knowing what the payout might be using this methodology.

The Muldoon decision has been appealed. The Alliance's position on this Muldoon decision is that it pertains only to the case before the Judge - the complaint involving Bell Canada and the Communications, Energy and Paperworkers' Union - and that the particular circumstances of this case do not apply to our federal complaint. (More information about this case was included in Bulletin 16.)

Massé's behaviour in this case, including threatening to withdraw the government's last offer because he can't get his own way, can best be described as petty, bullying and vindictive. Fortunately, not all Cabinet Ministers behave this way. The recent government announcement of a monetary settlement for some people who have contracted Hepatitis C as a result of tainted blood transfusions has been criticized openly by those supporting the victims who have not been included in the settlement. Unlike Massé, Health Minister Allan Rock has not threatened to withdraw the money offered just because some people are working actively to obtain more money for the remaining victims. Perhaps Mr. Massé should take note.