March 16, 2007

Pay equity pre-trial motions resolved

Last fall, the Federal Court (Trial Division) held two hearings into the latest pre-trial motions affecting the PSAC's pay equity claim against a number of separate employers.

On October 27, 2006 the Court heard a motion from the government asking that PSAC be disqualified as a party to the claim. On December 19 the Court heard PSAC's motion asking that the claim be divided. Both motions have now been resolved.

PSAC will not be removed as a party to the claim. However, the names of seven PSAC members – one from each of the bargaining units affected by the pay equity claim – will now be added to the claim. What this means is that the Discovery phase of the trial is being extended. PSAC will now have to put into evidence personal documents from these members about their employment history that have an impact on the case. These include pay records, letters of acting appointments and written information about their classification level, rates of pay, years of service, etc. Once the written material is provided the government will have an opportunity to examine both the written material and the member who provided it.

With respect to the union's request that the claim be divided, there is agreement that evidence on the methodology and pay equity adjustments will be presented in general terms. At this time they will not have to include extensive individual calculations of the amounts of the pay equity adjustments PSAC claims is owing to current and former members employed by these separate employers.

The case is continuing to proceed but very slowly. This and other federal pay equity claims pursued by PSAC, continue to confirm that what is needed is a new, proactive pay equity law. However, the Harper government has rejected the federal Pay Equity Task Force Report issued in May 2005, which included extensive recommendations for an overhaul of the current law.

Updates on this pay equity claim will continue to be published as information becomes available.

The Statement of Claim was filed in November 2000 on behalf of current and former PSAC members working for a number of separate employers. The case has been repeatedly delayed due to government tactics, including a series of unsuccessful legal challenges to have the case dismissed. The separate employers included in the Statement of Claim, all under Part II of the PSLRA, are: the Auditor General, the Canadian Security Intelligence Service, the Communications Security Establishment, the Social Sciences and Humanities Research Council, the Office of the Superintendent of Financial Institutions, Statistical Survey Operations, and the Canadian Institutes of Health Research (formerly the Medical Research Council).

A separate complaint to the Canadian Human Rights Commission concerning a much larger number of separate employers is in abeyance pending the outcome of this case.