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169-2-638 (2001 PSSRB 81)
Public Service Alliance of Canada v. Treasury Board
Before: Y. Tarte
Appearances: A. Raven, for the Bargaining Agent; R. Fader, for the Employer
Decision rendered: July 30, 2001
Policy grievance – Collective agreements – Remuneration – Pay equity – Retroactive adjustment of benefits, perquisites and allowances – Clerical and Regulatory (CR) Group – Library Science (LS) Group – Secretarial, Stenographic and Typing (ST) Group – Hospital Services (HS) Group – Educational Support (EU) Group – Data Processing (DA) Group – Consent Order by the Canadian Human Rights Tribunal (CHRT) – Jurisdiction – Section 99 of the Public Service Staff Relations Act (PSSRA) – the parties entered into an agreement to bring a final resolution to all remaining issues surrounding pay equity complaints filed before the Canadian Human Rights Commission in 1984 and 1990 in relation to employees in the then CR, LS, ST, HS, EU and DA Groups – that agreement was incorporated into a Consent Order issued by the CHRT, which was filed with the Federal Court of Canada pursuant to section 57 of the Canadian Human Rights Act – the Public Service Alliance of Canada (PSAC) requested the Board to order the employer to adjust, in accordance with the new pay rates resulting from the resolution of the pay equity complaints, all benefits, perquisites and allowances paid since March 8, 1985 (the retroactivity period set by the CHRT for the new rates of pay) to employees in the then CR, LS, ST, HS, EU and DA Groups – the employer argued that the CHRT Consent Order was full and final and could not be altered by the Board – the employer added that enforcement of that order lay with the Federal Court of Canada – the PSAC replied that the Board has the jurisdiction to take into account new rates of pay resulting from the resolution of pay equity complaints in enforcing provisions of collective agreements – the Board found that it had no jurisdiction to resolve the ambiguity contained in the CHRT Consent Order with respect to the issue of the retroactive calculation of benefits, perquisites and allowances – the Board invited the parties to refer their dispute to the Federal Court of Canada – the Board was not satisfied that the PSAC had established the existence of an obligation for the purpose of section 99 of the PSSRA.