No. 34                                                                                                    January 26, 1999

TO AVOID PAY EQUITY

On January 11, Bell Canada announced plans to sell its 2,400 employee division of telephone operators to an American firm, Excell Global Services of Arizona. If the sale goes through, the operators could see pay cuts of 40% and many would be forced to relocate to a few consolidated centres in Ontario and Quebec or lose their jobs.

While Bell claims the operator service is not profitable, the Communications, Energy and Paperworkers’ Union contests this statement. In 1997, Bell threatened to contract-out the work and a joint committee was struck to look at the books. They determined that the division was turning a profit. That same year, the company paid its CEO a tidy $17-million. Bell’s profits are expected to exceed $900-million for the year 1998. Obviously, profitability is not the problem.

Is it just a coincidence that the operators are being treated this way? We think not. Bell looks to be losing its pay equity battle. In November 1998 the Federal Court of Appeal completely struck down Justice Muldoon’s decision. Bell is seeking leave to appeal this decision to the Supreme Court but there is no guarantee they will obtain the leave. In that case, the Federal Court of Appeal decision stands. Their decision to get rid of their operators is an effective way to put an end to their pay equity problem.

Everyone is encouraged to call Bell’s executive offices to protest their despicable action. At the time of writing this bulletin, Bell had put on a special number for callers to leave a voice mail regarding the planned sale of the operators’ jobs. It is 1-800-717-6354. If you want to speak to a human being in the executive offices, call 1-800-267-7734.

In early December the Federal Court of Canada published a Notice of Hearing in major newspapers. The Hearing referred to is the one involving the government’s appeal of the Human Rights Tribunal pay equity decision to the Federal Court of Canada (Trial Division) which will begin on May 31. This type of notice is standard procedure. There is a requirement to notify those who are affected by a case of the date of the hearing. The notice also goes on to advise that anyone affected by the case may apply to the Court for leave to intervene in the proceeding. Again, this is standard procedure.

The Alliance will be representing all current and former employees before the Court in response to the government’s appeal. The Canadian Human Rights Commission will also be appearing in support of the Tribunal’s decision. Therefore, there is no need for individuals to intervene in the process. The Federal Court does not readily accept applications by individuals or groups to intervene in cases unless they have reasons which differ from the other parties involved. Even then, applications are often rejected. A substantial list of intervenors would only prolong the hearing of the appeal unnecessarily and further delay the payment of the money owed.

The special pay adjustments portion of the settlements at Tables 1 and 5 should not be construed as any kind of resolution of our federal pay equity complaint. While the Alliance believes it is appropriate to accept the adjustments as a form of down payment on the government’s outstanding debt to our members, the union remains committed to the implementation of the Tribunal decision because the bulk of the debt is still outstanding.

In addition to preparing for the appeal hearing in the Federal Court, the union is ready to meet with the government at any time to work out the implementation of the Tribunal decision. Unfortunately, it takes two to tango. In late 1998 the government lost its primary excuse for appealing the Tribunal decision when Justice Muldoon’s decision in the Bell Canada pay equity case was completely overturned by the Federal Court of Appeal. There is nothing stopping the government from withdrawing its appeal and paying everyone what they are owed - both current and former members. Unfortunately, this government has a vested interest in hoping that more retired employees will be dead than alive to benefit from the Tribunal decision in order to save a few dollars on the backs of those who can least afford it.

The Government of the Northwest Territories (GNWT) is taking the court route by challenging the Canadian Human Rights Tribunal established to hear the Alliance’s pay equity complaint against the GNWT. In December, the Tribunal ruled that it was appropriate for it to hear the complaint. The GNWT is appealing this ruling to the Federal Court (Trial Division).