Melda Okoye

The employer applied for reconsideration of a Tribunal decision regarding the pay equity bargaining process and comparison of job classes.

The employer argued that the comparison system should not have been amended, that materials not before the Tribunal were considered, and that there was no evidence to support conclusions about the rating committee's ability to assess jobs.

The Tribunal dismissed the application, finding that the original decision was consistent with established jurisprudence on job content accuracy, that the parties had full opportunity to make submissions, and that there was adequate evidentiary support for the findings.

The Tribunal concluded the employer failed to meet the test for reconsideration.

The Employer applied to the Pay Equity Hearings Tribunal objecting to a Review Officer's order that found three female job classes (Packer, Packaging Machine Operator B, and Sample Room) were of equal or comparable value to three male job classes (Dough Feeder, Janitor, and Receiver).

The Employer alleged the Union failed to bargain in good faith by rejecting the initial joint evaluations, while the Union alleged the Employer intimidated female committee members.

The Tribunal dismissed both preliminary allegations.

On the merits, the Tribunal found that the joint committee's collection of job information was incomplete and its application of the evaluation system was not gender-neutral, as it failed to consistently value skills and effort characteristic of women's work, such as manual dexterity, visual concentration, and multi-tasking.

Applying the evaluation tool to the corrected job information, the Tribunal upheld the Review Officer's findings that the female job classes were of equal or comparable value to the male job classes and ordered the parties to negotiate a pay equity adjustment schedule.

The Tribunal considered a preliminary objection regarding whether an application must be processed through Review Services before being filed with the Tribunal.

The Tribunal ordered that notice of the preliminary objection be given to the Pay Equity Office to obtain its views on the ramifications of not following the process set out in the Pay Equity Act.