No. 23

August 5, 1998

NO GOVERNMENT DECISION YET ON IMPLEMENTATION

At a news conference on July 31, Treasury Board President Marcel Massé indicated that the government is still studying the Canadian Human Rights Tribunal decision on pay equity. Massé did not say whether the government would implement the decision or would appeal it.

Mr. Massé might do well to talk to his boss, the Prime Minister. In the 1993 election campaign, Mr. Chretien wrote to PSAC National President Daryl Bean on a number of issues including pay equity. Mr. Chretien stated: "A Liberal government would abide by the Tribunal's decision, and work with the representatives of the employees on a mutually acceptable and workable plan for the implementation of equal pay for work of equal value."

Make your voice heard!

Members are encouraged to contact their Members of Parliament early and often to let them know we want the decision implemented. PSAC members have already waited 14 years for their complaint to be resolved. It's outrageous for the government to even be considering an appeal. (Bulletin 22 provides more points to make with your MP.) Telephone and fax numbers, as well as addresses for MPs in their riding offices are available from your regional or component office.

Ability to pay not an issue

A number of interesting statements have been made by the government since the decision was released. On July 29, upon hearing of the decision, Prime Minister Chretien stated in Saskatoon: "We knew we had to pay".

At his news conference on the 31^st, Massé said that the government has the money for pay equity. He noted that the government puts aside reserves annually for a variety of circumstances.

As far back as the 1988 election campaign, Prime Minister Brian Mulroney, in reply to a question from NDP leader Ed Broadbent during a televised debate, indicated that the government did have money put aside for pay equity.

The claims of Reform Party MPs and their allies that this will be an unbearable burden on taxpayers are nonsense given that monies are already available to pay what the government owes. And, let's not forget - PSAC members and their families are taxpayers too!

Muldoon decision not an issue

During his news conference, Massé made a number of references to another methodology which would cost much less, implying that it came from a different tribunal. In fact, what he was referring to was a passing reference in a Federal Court decision in which Bell Canada was successful in keeping a complaint against Bell from being referred to a tribunal.

In our case, Treasury Board also tried to keep our complaint from going to a tribunal. However, they were unsuccessful, both in the Federal Court and in the Federal Court of Appeal. The courts told them that tribunals were the appropriate place to hear evidence on methodology in Human Rights cases.

The "methodology" which Mr. Justice Muldoon preferred is contrary to the Canadian Human Rights Commission's Equal Wages Guidelines, but he may not have known that because the Guidelines were not an issue before him in the case he heard.

The Muldoon case is currently under appeal. The Federal Court of Appeal will hear the case in October. Our legal counsel and other legal experts believe the Muldoon decision will not stand and even if it does it will have no impact on our case.

Cabinet Ministers asked to support implementation

PSAC National President Daryl Bean has written to all Cabinet Ministers urging them to take action to ensure the government proceeds to implement the pay equity decision. The letters point out that employees in their respective departments have waited 14 long years for a resolution to this issue and that employee morale has been deeply affected by the many delays. At the moment there is good feeling among those affected. Morale and productivity can only improve if the government moves to implement this decision. To do otherwise would make a bad situation worse.

A special letter has been sent to Hedy Fry, in her capacity as the Minister responsible for the Status of Women, asking for her particular help in convincing the government to proceed with implementation.