Update 8 Dec 2017:
In our continued efforts to represent you at the pay equity table, we have had to take the unfortunate step of filing to the Ontario Labour Relations Board an application regarding Union’s duty of fair representation. This application is a complaint that we as Local 291 have not been properly represented by our Union, OPSEU.
In our circumstance, it was our understanding from our OPSEU pay equity reps at our last meeting on August 30th that they would be filing, on our behalf, an application to the Pay Equity Commission to address the issues that remain barriers to us in reaching an agreement with the employer regarding pay equity. Since our application was never submitted, we file this complaint of Duty of Fair Representation to uphold our rights as union members to submit an application to the Commission.
Pay equity successes at other Locals
- CMHA Cochrane-Timiskaming -- fought for 23 years for the employer to be pay equity compliant -- employer forced to pay workers approximately 1.6 Million in retroactive pay -- first payment of $1,164,333 made September 30th 2017, remaining adjustments will be made in equal installments May 2018 and May 2019
- CMHA Oxford -- negotiated directly with employer after application to PE Commission was filed — one classification to go up $4.12/hour until the pay gap is closed — 3 jumps made immediately totalling $1.20 and then 40 cents/hour every Jan 1st until the gap is closed.
What is the Pay Equity Commission?
- The Pay Equity Commission (PEC) is composed of two separate and distinct bodies: the Pay Equity Office (PEO) and the Pay Equity Hearings Tribunal (PEHT)
- The Pay Equity Office is responsible for enforcing the Pay Equity Act. The PEO investigates, attempts to settle, and resolves pay equity complaints and objections to pay equity plans by Order or Notice of Decision. The PEO also provides programs and services to help people understand and comply with the Pay Equity Act
- The Pay Equity Hearings Tribunal is responsible for adjudicating disputes that arise under the Pay Equity Act. The Pay Equity Hearings Tribunal has exclusive jurisdiction to determine all questions of fact or law that arise in any matter before it. The decisions of the Tribunal are final and conclusive for all purposes.
What is the process of going to the Commission?
- The employer has filed an application and a Review Officer has been appointed
- The Review Officer is neutral, represents neither the union nor management
- The Review Officer will investigate and will either provide such assistance as may be necessary to help the parties arrive at a plan; or may order on all the remaining issues and provide a completed plan to the parties
Why are we going to the Commission?
- The Joint Pay Equity Steering Committee was unable to reach consensus
- Your pay equity team continues to hold firm on the careful and deliberate consideration given to rating the jobs within the bargaining unit
What we hope to accomplish
- While some pay equity adjustments are substantial, there are many options available to an organization with regards to making the payout more manageable. Therefore we remain focused on achieving a fair and equitable plan regardless of the financial outcome
- We will present our facts to the Review Officer and hope to get back to negotiating, or arrive at, a pay equity plan that properly recognizes all our jobs
What can you do?
- If you are concerned that a pay equity plan has not yet been achieved at CMHA WW, and you want your voice heard to support addressing wage inequity based on gender, you have the right to call the Pay Equity Office or to file an individual application which will send a message to the Commission
- To call Pay Equity Office: 1-800-387-8813
- The application you file can be found by clicking on http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/GetFileAttach/016-0208E~3/$File/TXT_0208E.htm