Pay Equity - Separate employers

December 2, 2002

Statement of Claim in the Federal Court for seven separate employers

Two years ago, in November 2000, the PSAC filed a Statement of Claim on behalf of our current and former members working for seven separate employers under Part II of the Public Service Staff Relations Act, arguing that the federal pay equity adjustments should apply to these employers as well.  The case has been off to a slow start as a result of legal challenges by the federal government to have the Claim dismissed. 

Legal counsel for the two parties have met and worked out a timetable for the various stages of the legal process regarding the Statement of Claim.  Here are some key actions which are scheduled for next year.

 ·      The parties need to serve affidavits of documents by February 28, 2003.

·      The parties are to file any motions regarding the production of documents no later than March 31, 2003.

·      Examinations for Discovery are to be completed by June 30, 2003.

·      The parties must file any motions regarding issues which have arisen as a result of the Discoveries no later than October 31, 2003.

·      If the union wants a pre-trial conference, it must request it by November 30, 2003.

While this timetable has been agreed to now, it is not carved in stone.  Either of the parties can request that it be altered by applying to the Case Management Judge.  The timetable may also be altered by other actions.

Having failed three times to have the PSAC’s Claim dismissed by the Federal Court without a hearing, the government has indicated that it may try to have the case stayed without a hearing until the human rights complaint discussed below has been heard. 

Pay Equity Complaint to the Canadian Human Rights Commission

Earlier this year, the union also filed a complaint with the Canadian Human Rights Commission (CHRC) alleging discrimination by Treasury Board for not extending the pay equity adjustments to the employees of these separate employers.  The complaint also covers employees of a number of separate employers under the Canada Labour Code represented by the union.  The union filed the complaint to ensure that every possible avenue was being explored to achieve pay equity.

The employers have now filed their initial response to this complaint.  In response, PSAC has reiterated our position that this complaint should be held in abeyance until the Statement of Claim in the Federal Court is resolved.

The PSAC’s position is that the Statement of Claim should be heard first and the human rights complaint held in abeyance because the Charter issues raised in the Federal Court will form an important basis for the resolution of the CHRC complaint.  The government’s attempt to hold up the Statement of Claim through unnecessary legal wrangling is just one of its many tactics to avoid pay equity - tactics learned well during the 16-year federal pay equity complaint.

Unfortunately, this whole case is not going to be resolved quickly. When the union finally gets a chance to argue the merits of our case in the Federal Court, we expect that stage will take about two years.  Once a decision is issued, it is open to appeal by either party.  However, while it will take time to reach a conclusion, members should be encouraged by the results we were able to achieve through persistence in our federal complaint.

Updates on the progress of this case will be published whenever there is news to report.