Pay Equity Hearings Tribunal
0074-90
Carleton Board of Education, Applicant and Ontario Secondary Teachers’ Federation (District 43 Carleton), Respondent
0521-94
Ontario Secondary School Teachers’ Federation, Applicant and The Carleton Board of Education, Respondent
0529-94
The Carleton Board of Education, Applicant and Ontario Secondary School Teacher’s Federation, Respondent
Before:
Heather M. MacNaughton, Vice-Chair and Members Margaret Kvetan and Bruce Budd.
Appearances:
Vince Johnston for the Carleton Board of Education and Cindy Wilkey for the Ontario Secondary School Teachers’ Federation
Cite as:
Carleton Board of Education November 7, 1995 0074-90; 0521-94; 0529-94 P.E.H.T.
Decision of the Tribunal, November 7, 1995
1The Parties advised the Tribunal that they had reached agreement with respect to a process to deal with all outstanding matters between them. The Parties requested that the Tribunal incorporate their agreement into an Order.
2We asked them to make submissions with respect to the scope of the Order they were seeking from the Tribunal. The Parties made those submissions on October 5, 1995.
3As a result of those submissions, and in light of the agreement of the Parties, we hereby Order as follows:
4Applications 0074-90 and 0529-94 are withdrawn.
5The Employer’s Response dated August 16, 1995 replaces its Response dated October 21, 1994.
6Application 0521-94 is adjourned sine die.
7Pursuant to section 25(2) of the Pay Equity Act, R.S.O. 1990 c.P.7, as amended, a Review Officer is to be assigned to assist the parties to conclude Pay Equity plans for the SETA and PSSP bargaining units. The parties have agreed that for the purpose of their negotiations:
(i) they will use the CBE/OSSTF Job Evaluation System, July 14, 1995 as modified by the parties and the Review Officer for the pay equity comparison for the SETA and PSSP bargaining units.
(ii) the relative weighting of the combined responsibility subfactors will be 35%.
(iii) the Review Officer may retain the services of such experts as the Review Officer considers necessary to prepare a pay equity plan in accordance with subsection 25(3).
(iv) if either party is dissatisfied with the decision made by the Review Officer regarding the contents of the gender neutral comparison system it will provide its written reasons, without prejudice, to the other party within 30 days of receipt of the order.
(v) Once the evaluation system and issues relating to the field testing have been agreed to by the parties, or decided by the Review Officer, the parties will have until March 31, 1996 to prepare and post a pay equity plan with the assistance of a Review Officer.
(vi) in the event that the parties are unable to prepare and post a plan in accordance with the above schedule, the parties will remit all outstanding issues to the Review Officer by March 31, 1996.
(vii) In the event that the Review Officer carries out the required job comparisons or determines the pay equity adjustments required, the parties will request the Review Officer to provide to them the following information:
(a) A complete description of the evaluation system used including, factor and sub factor definitions, scoring systems, weighting systems, application instructions, the relationship to the section 5(1) statutory criteria and any other relevant information;
(b) The job content information used to evaluate each female job class and the potential male comparators evaluated under the system referred to in (a) above;
(c) The details of the rating or ranking of the jobs evaluated including, where applicable, factor and sub factor scores, factor ranking and any other information necessary to identify the value assigned in accordance with the comparison system used;
(d) The methodology or criteria used to establish equivalences for the purpose of carrying out the necessary comparisons under section 6;
(e) The methodology, criteria and facts used to determine job rate for the purpose of carrying out the necessary comparisons under section 6;
(f) The methodology, criteria and facts used for determining the job rate required to achieve pay equity;
(g) The methodology, criteria and facts used to determine the amount and timing of any adjustments required under the pay equity plans to achieve pay equity; and
(h) Any other information requested by the parties that was relied upon by the Review Officer and which is reasonably necessary to provide the parties with the information necessary to maintain pay equity in the future.
8Once the Review Officer issues the final order, the parties may apply to the Tribunal with respect to that order, and/or to the decision made in respect of the evaluation system.
9The panel will remain seized of this matter to address any questions of the Parties arising from this order.