No. 36 May 20, 1999
Appeal Hearing On Tribunal Decision Starts May 31A single judge from the Federal Court (Trial Division) will start hearing the government’s appeal of the Tribunal decision on Monday May 31 and continue until June 11. Treasury Board is apparently pulling out all the stops in the high tech department with graphs and charts to try to impress the Federal Court Judge with their case. They may try to look like Star Wars, but we doubt the "Force" is going to be with them.
The process
The role of the Federal Court is to determine whether or not the Tribunal made an error in fact or in law. For example, one of Treasury Board’s claims is that the Tribunal erred in law by using experts during their hearings. Curiously, Treasury Board never raised this objection during the six years of Tribunal hearings and even cross-examined the experts who appeared. In fact, the Tribunal chastised Treasury Board for its lack of expert testimony.
Another Treasury Board claim is that the Canadian Human Rights Commission’s Equal Wages Guidelines, which flesh out Section 11 of the Canadian Human Rights Act, are not valid because they permit methodologies which use average male rates. While Treasury Board had earlier endorsed the Guidelines because of the use of average rates, they’ve now changed their tune. Only the lowest paid male groups and the lowest male wages should be used. After all, their argument goes, higher rates are paid only because the employees are highly valued. The fact that most of them are male is incidental. In other words, discrimination only exists at the bottom of the wage scale!
Because the government filed the appeal, they will make their presentation first, followed by the Alliance and the Canadian Human Rights Commission.
Timetable
Two weeks of hearings have been set aside by the Federal Court. A decision may be issued in the fall. Once this decision is released, each party has 30 calendar days in which to file an appeal to the Federal Court of Appeal.
Daily Update
During the two weeks of the Federal Court hearings, the Alliance will be issuing a short bulletin each day to keep everyone informed. The bulletin will be faxed to all PSAC regional and component offices and posted on our web site at www.psac.com.
NCR Members to Stage Vigil
Members in the National Capital Region are planning to hold a vigil during the two weeks the Federal Court hears Treasury Board’s appeal. The purpose of the vigil is to remind the federal government that Alliance members want what is due to them as a result of the Tribunal decision and that all the government’s delaying tactics won’t change that. Our current - and former - members want what is just, what is fair, what is owed. All Alliance members and retirees are encouraged to join the vigil when they can. The vigil will be taking place at the Supreme Court building, as this will be the location of the hearings.
Meetings scheduled with Treasury Board… but don’t hold your breath!
In March, PSAC National President Daryl Bean wrote to Treasury Board and proposed meeting dates in April to discuss implementation of the Tribunal decision. Treasury Board has finally responded suggesting meeting dates during the first two weeks of May. At this time Treasury Board appears willing to discuss calculations related to the decision. However, these discussions do not constitute an offer. These meetings should give the union an idea to what extent Treasury Board wants to drag out the process.
300 days of hearings and counting
May 1999 marks the 300th day of hearings in the Alliance’s pay equity complaint against Canada Post Corporation (CPC). The complaint on behalf of CRs at Canada Post was filed on August 24, 1983. Following years of attempting to collect information from Canada Post, a Tribunal finally began hearing the case in February 1993. In 1998, CPC followed the example of Bell Canada and tried legal maneuvering to stop the Tribunal. They were unsuccessful and the Tribunal resumed hearing evidence in April. Hearings are scheduled until the end of 1999.
Update on Bell Canada
While telephone operators and other Bell employees have been forced out on strike, Bell Canada has asked leave to appeal the Federal Court of Appeal’s decision, which completely overturned the earlier Muldoon decision, to the Supreme Court. A decision on whether or not the Supreme Court will hear this case is expected in the next month or two.
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