London Professional Fire Fighters Association v. Corporation of the City of London

File No.: 1510-10-PE Before: Mary Anne McKellar, Acting Chair, P. LeMay and Pauline R. Seville, Members. Decision of the Tribunal: December 19, 2013

[1]. On August 8, 2013 the Pay Equity Hearings Tribunal rendered its decision in this matter.

[2]. In that decision the parties were provided with specific direction as to how the Hourly Wage rate was to be calculated for both the Communications Operator and its male comparator of Mechanical Technician. The decision concluded with the following paragraph:

"From this date forward, for each hour that they work, the CO incumbents should be paid a pay equity adjustment that is the difference between their Hourly Rate and the Hourly Rate for the Mechanical Technician. The City is directed to adjust the individual Cos pay in accordance with this determination forthwith."

[3]. And while our decision was clear on how the hourly wage rate was to be calculated, there was no discussion in the decision as to how that hourly wage rate was to be converted, if at all, into an annual salary.

[4]. As a result, we have been asked to provide direction to the parties on how to implement the decision. Our direction is as follows:

(a) The hourly wage rate for the Communication Operator shall be determined by dividing the annual salary of its male comparator, the Mechanical Technician, by 2080 hours.

(b) To determine the annual salary for the Communication Operators, the hourly rate calculated in accordance with paragraph (a) above will be multiplied by 2184 hours.

(c) The annual salary determined in accordance with paragraph (b) will then be spread out in equal instalments over the pay periods, using the practice currently in place at the City, which we heard evidence about, that is referred to as "pay smoothing". In doing so, the Communication Operators will continue to be paid in the same manner as they are currently.

(d) Should the average annual hours for the Mechanical Technician and/or the Communication Operators be changed in the future, the new annual hours will be substituted for those currently in paragraphs (a) and (b), where applicable.

[5]. This methodology is to be used for the Communication Operators unless and until there is mutual agreement by the parties to use another methodology, recognizing, however, that any methodology would have to ensure pay equity was being maintained.

Dated at Toronto this 19th day of December, 2013.

"Mary Anne McKellar"

Mary Anne McKellar, Acting Chair

"P. LeMay"

P. LeMay, Member

"Pauline R. Seville"

Pauline R. Seville, Member