PAY EQUITY HEARINGS TRIBUNAL
0254-91 Corporation of the City of Peterborough, Applicant v. Professional Fire Fighters Association, Local 519, Respondent
Before: Mary Ellen Cummings, Vice chair, and Members Sharon Laing and Bruce Budd
Appearances: Paul Wearing and Murray Hynes for the Corporation of the City of Peterborough; Senka Dukovich, Judy Harris and Paul Brown for the Professional Fire Fighters Association
Cite as: Peterborough (Firefighters) (No. 2) (June 11, 1997) 02541-91 (P.E.H.T.)
DECISION OF MARY ELLEN CUMMINGS, VICE-CHAIR, AND SHARON LAING, MEMBER
1The Corporation of the City of Peterborough (“Peterborough”) applied to the Tribunal on July 24, 1991 with respect to a Review Officer’s order dated June 19, 1991. The order required Peterborough and the Peterborough Professional Fire Fighters Association (“Association”) to implement a pay equity plan prepared by the Review Officer. Peterborough objected to the plan saying the comparison system and weightings were gender biased, contrary to sections 12, 14(2)(a)(b), and 5(1) of the Pay Equity Act, R.S.O. 1990, c.P.7, as amended. Further, Peterborough argued that the job information collection was flawed, contrary to section 5(1), and that the value assigned to the work of Fire Alarm Operator (FAO) and Fire Fighter was flawed and gender biased, contrary to section 4(2).
The Background
2Peterborough and the Association began discussing pay equity late in 1988. The first pay equity meeting took place in 1989. On July 31, 1989 the Association was introduced to Dara Krystkowiak, Peterborough’s newly hired Pay Equity Officer. At that time, the parties were unable to agree on whether the FAO was a female job class. The parties requested the assistance of a Review Officer and on September 8, 1989, she issued an order finding that the FAO’s were a female job class.
3Pay equity negotiations then began. Peterborough was represented by Max deBruyn; the Fire Chief, and Ms. Krystkowiak. The Association was represented by Judy Harris, an FAO and Chair of the Association’s pay equity committee; Paul Brown, a Platoon Chief, and President of the Association. Fire Fighter Barry Carmichael, and Platoon Chief Kitch Millard were “resource people” for the Association. They were part of the Association’s pay equity committee and attended all the negotiations with Peterborough. In the hearing there was some dispute about the role of Ms. Krystkowiak. The Association maintained