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Public Sector Equitable Compensation Act

Version of section 33 from 2009-03-12 to 2017-06-18:

The following provision is not in force.

Marginal note:Complaints under section 24 — power to dismiss or make orders

  •  (1) The Board may, in respect of a complaint filed under section 24, dismiss the complaint or, by order, require the employer and the bargaining agent to file with the Board, within the period specified by it in the order, a report that sets out the following in respect of the female predominant job class of which the complainant is, according to the Board, a member:

    • (a) how the employer and the bargaining agent have, since the making of the order, conducted an equitable compensation assessment in respect of the job class; and

    • (b) if the equitable compensation assessment identified an equitable compensation matter in respect of the job class, their plan to resolve that matter in the course of the next collective bargaining that begins after the day on which the order is made or, if they are collectively bargaining on that day, in the course of that collective bargaining.

  • Marginal note:Power if employer and bargaining agent have committed manifestly unreasonable error

    (2) If, after receiving a report required by an order made under subsection (1), the Board is of the opinion that the employer and the bargaining agent have committed an error that is manifestly unreasonable in conducting an equitable compensation assessment or that their plan fails to make reasonable progress toward resolving an equitable compensation matter, the Board may, by order,

    • (a) require the employer and the bargaining agent to

      • (i) take measures to correct the error or to alter the plan in such a way that it makes reasonable progress toward resolving the equitable compensation matter, and

      • (ii) file a report with the Board, within the period specified by it in the order, describing the measures the employer and the bargaining agent have taken; and

    • (b) if more than two years remain before the termination date of the current collective agreement between the employer and the bargaining agent, alter the collective agreement in such a way that the termination date is any day specified by the Board that is within the period that begins two years after the day on which the order is made and that ends on the day that would otherwise have been the termination date.

  • Marginal note:Power to determine equitable compensation matter

    (3) If, after receiving a report required by an order made under subsection (2), the Board is of the opinion that the employer and the bargaining agent that prepared the report have committed an error that is manifestly unreasonable in the fulfilment of their obligations to take the measures referred to in subparagraph (2)(a)(i), the Board shall determine, by having regard to the equitable compensation assessment conducted by the employer and the bargaining agent or by itself conducting an equitable compensation assessment in respect of the female predominant job class of which the complainant is, according to the Board, a member, if any equitable compensation matters exist in respect of the job class and, if it determines that there are, the Board may, by order,

    • (a) require the employer or the employer and the bargaining agent to pay the complainant a lump sum as compensation with respect to the matter in relation to the period that begins on the day on which the collective agreement during which the complaint was made became effective and binding and that ends on the day on which the order is made; and

    • (b) subject to subsection (4), alter any collective agreement that binds the employer and the bargaining agent on the day on which the order is made so that the employees of the job class receive equitable compensation for the remainder of the term of the collective agreement.

  • Marginal note:When order under paragraph (3)(b) not necessary

    (4) The Board may refrain from making an order under paragraph (3)(b) if it is satisfied that the employer, or the employer and the bargaining agent, have taken the measures that are necessary to provide the employees of the job class with equitable compensation.

  • Marginal note:Failure to file report

    (5) If the employer and the bargaining agent fail to file a report required by an order made under subsection (1) or (2), the Board may, by order, grant another period of time to file the report or, if the Board considers that there are exceptional circumstances to justify doing so, declare that the employer and the bargaining agent have committed a manifestly unreasonable error described in subsection (3). If the Board makes that declaration, subsection (3) applies.

  • Marginal note:Public Service Labour Relations Act applies

    (6) The Public Service Labour Relations Act applies in respect of a collective agreement altered under an order made under paragraph (2)(b) or (3)(b) as if it had been entered into under that Act.

  • Marginal note:Report to be made available

    (7) The Board shall make every report received as a result of an order made under this section available to the public.

  • Marginal note:Power to require posting of order

    (8) The Board may, in an order made under this section, require the employer to post a copy of it, for at least 90 days, in the prescribed manner.

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