de Havilland Inc. v. National Automobile, Aerospace and Agricultural Implement Workers Union of Canada, Local 673
Before: Mary Ellen Cummings, Vice-Chair; Susan Genge and Charles Taccone, Members
Cite As: de Havilland (1993), 4 P.E.R.1
Practice and Procedure - Consent Orders
The Tribunal declined to issue a consent order revoking a Review Officer's Order where the parties failed to provide specific information concerning the basis upon which they had reached certain conclusions about the job rates, gender predominance and comparability of job classes.
Pratique et procédure - Ordonnances de Consentement
Le Tribunal a refusé d'accepter de révoquer l'ordre d'un agent de révision. Il a fait valoir que les parties n'avaient pas fourni certains renseignements sur l'entente intervenue entre elles en ce qui concerne les taux de catégorie, la prédominance de travailleurs d'un sexe donné et la comparabilité des diverses catégories d'emplois.
DECISION OF THE TRIBUNAL, FEBRUARY 22, 1993
1De Havilland Inc. applied to the Tribunal with respect to an Order of a Review Officer dated January 23, 1992. Prior to the commencement of the hearing, the parties reached an agreement on all matters that were in dispute between them. They have now agreed to an amended pay equity plan. As a result, the parties have jointly asked that the Tribunal revoke the Order of the Review Officer.
2The parties filed their Memorandum of Settlement with the Tribunal. However, the Memorandum does not disclose the basis on which the parties arrived at certain conclusions. Given that those conclusions appear to differ from the content of the Order, the Tribunal needs more information before it can consider revoking the Order. We ask the parties to provide us with the following information:
What is the basis for the rates set out in the Memorandum, since they differ from those in the draft pay equity plan and, in particular the basis on which the benefit differential between the male and female job classes was calculated?
On what basis was it determined that wage groups 7, 8 and 9 are not female job classes?
What was the basis for the determination that female job class 606 Clerk 1-Payroll is not comparable to the male job class 615 Installer-Radio/Radar?
3The parties may either provide the information to the Tribunal in writing, or they may contact the Registrar to set a day of hearing.