Pay Equity Bulletin no. 2

March 21, 2001

PSAC has court date for pay equity claim

PSAC will be in court on Tuesday, March 27 in the first stage of its legal challenge to achieve pay equity for our members working for separate employers.

On November 8, the union filed a claim in the Federal Court, Trial Division. PSAC is seeking pay equity for employees of certain employers established under Part II, Schedule I of the Public Service Staff Relations Act. We’re asking the Federal Court to direct Treasury Board or any other responsible party to increase wage rates and benefits for these employees in a manner consistent with the Orders of the Canadian Human Rights Tribunal dated July 28, 1998 and November 16, 1999. Our position is that failure to do so is a breach of Section 15 of the Charter of Rights and Freedoms.

In response to the claim, the government has filed what is known as a Motion to Strike. The government is arguing that Section 15 does not apply in this case. In effect, they’re trying to have our claim stopped before we have an opportunity to argue it on its merits. On March 27, the PSAC will present arguments as to why the case should proceed and the government will make its case as to why it should not, before a Federal Court Judge. The Judge could issue a decision on the spot but is more likely to issue a written decision at a later date.

The hearing is open to the public. The location of the hearing will not be assigned until Monday, March 26. It will be posted, together with the time, once it is known. A report on the hearing will also be made available to PSAC members.

The employers covered by this legal challenge include the Office of 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). More information on the union’s claim can be found in Pay Equity Bulletin No. 43.

The union is working on another claim which would include our members working for separate employers under the Canada Labour Code.