Public Sector Equitable Compensation Act (S.C. 2009, c. 2, s. 394)

Marginal note:Obligations of public interest commission seized of request for conciliation

21. A public interest commission seized of a request for conciliation under the Public Service Labour Relations Act that includes questions concerning the provision of equitable compensation to employees shall

• (a) determine, in the absence of any agreement by the parties, whether any job group is female predominant and, if it determines that it is, recommend how the equitable compensation assessment in respect of that job group should be conducted; and

• (b) include in its report, subject to section 177 of the Public Service Labour Relations Act, recommendations that, if accepted by the parties, would result in the provision of equitable compensation to the employees concerned.

Marginal note:Obligation to prepare report

22. Before a bargaining agent submits a proposed collective agreement to employees for ratification, the employer and the bargaining agent shall jointly prepare and make available, in the prescribed manner, to the employees to whom the proposed collective agreement relates, a report that

• (a) sets out how the equitable compensation assessment in respect of every female predominant job group was conducted; and

• (b) if, in the course of the bargaining that led to the proposed collective agreement, the employer and the bargaining agent have determined that an equitable compensation matter exists, describes the matter and specifies whether that matter is to be resolved during the term of the proposed collective agreement and if not, the reasonable time within which it is to be resolved.

Marginal note:Failure to comply

23. A unionized employee may, in a form acceptable to the Board, file a complaint with the Board if the employee has reasonable grounds to believe that his or her employer or bargaining agent has failed to comply with section 12.

Marginal note:Lack of equitable compensation

• 24. (1) An employee who is bound by a collective agreement entered into by an employer and a bargaining agent may, in a form acceptable to the Board, within 60 days after the day on which the collective agreement was entered into, file a complaint with the Board if

  • (a) the employee has reasonable grounds to believe

    • (i) that he or she is a member of a female predominant job class, and

    • (ii) that an equitable compensation assessment conducted in respect of that job class would lead to the identification of an equitable compensation matter; and

  • (b) the employee is of the opinion that he or she will not receive equitable compensation during the term of that collective agreement or within a reasonable period after the expiry of that term.

• Marginal note:Information that must be provided

  (2) The complaint must

  • (a) describe the female predominant job class of which the employee alleges he or she is a member; and

  • (b) set out the reasonable grounds the employee has to believe the matters referred to in subparagraphs (1)(a)(i) and (ii).