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Public Sector Equitable Compensation Act (S.C. 2009, c. 2, s. 394)

Act current to 2021-02-15 and last amended on 2018-11-26. Previous Versions

Employers with Unionized Employees (continued)

Obligations (continued)

The following provision is not in force.

Marginal note:Preparatory work

 An employer and a bargaining agent shall, before collective bargaining begins, each conduct preparatory work to enable it, during collective bargaining, to raise or to respond to questions concerning the provision of equitable compensation to employees in female predominant job groups.

The following provision is not in force.

Marginal note:Notice describing female predominant job group

 An employer or a bargaining agent that intends to negotiate collectively in respect of the provision of equitable compensation to employees in a female predominant job group shall, without delay, provide the other party with a notice that identifies the female predominant job group concerned.

The following provision is not in force.

Marginal note:Report in relation to equitable compensation matters

 An employer or a bargaining agent that raises any equitable compensation matter in the course of collective bargaining in respect of a female predominant job group shall, without delay, provide the other party with a report that

  • (a) identifies the female predominant job group to which the matter relates;

  • (b) describes how the equitable compensation assessment was conducted in respect of that female predominant job group; and

  • (c) sets out how the equitable compensation matter should be resolved.

The following provision is not in force.

Marginal note:Collective agreement

 The provisions of a collective agreement between an employer and a bargaining agent in relation to equitable compensation may not be inconsistent with sections 113 and 238.19 of the Federal Public Sector Labour Relations Act.

  • 2009, c. 2, s. 394 “16”
  • 2017, c. 9, s. 51

Arbitration

The following provision is not in force.

Marginal note:Request for arbitration

 If arbitration has been chosen under subsection 103(1) of the Federal Public Sector Labour Relations Act as, or is, by reason of section 238.18 of that Act, the process for the resolution of disputes, questions concerning the provision of equitable compensation to employees may be the subject of a request for arbitration under subsection 136(1) of that Act.

  • 2009, c. 2, s. 394 “17”
  • 2013, c. 40, s. 361
  • 2017, c. 9, s. 52
  • 2018, c. 24, s. 28
The following provision is not in force.

Marginal note:Obligations of arbitration body

 The body seized of a request for arbitration under the Federal Public Sector Labour Relations Act that includes questions concerning the provision of equitable compensation to employees shall, in the absence of any agreement by the parties, determine whether any job group is female predominant and, if it determines that it is, determine how the equitable compensation assessment in respect of that job group is to be conducted.

  • 2009, c. 2, s. 394 “18”
  • 2017, c. 9, s. 55
The following provision is not in force.

Marginal note:Arbitral award

  •  (1) The body seized of a request for arbitration under the Federal Public Sector Labour Relations Act that includes equitable compensation matters shall, subject to sections 150 and 238.22 of that Act, make an arbitral award that sets out a plan to resolve those matters within a reasonable time.

  • Marginal note:Report

    (2) As soon as feasible after making an arbitral award that sets out a plan referred to in subsection (1), the body making the award shall prepare and make available to the Chairperson of the Board, in the prescribed manner, a report that

    • (a) sets out how the equitable compensation assessment in respect of every female predominant job group to which the award relates was conducted; and

    • (b) if the body has decided that an equitable compensation matter exists, specifies whether or not that matter is to be resolved during the term of the arbitral award.

  • Marginal note:Copy to employer and bargaining agent

    (3) On receipt of the report, the Chairperson of the Board shall, without delay, send a copy to the employer and the bargaining agent concerned and may cause the report to be published in any manner that the Chairperson considers appropriate.

  • 2009, c. 2, s. 394 “19”
  • 2017, c. 9, s. 53

Conciliation

The following provision is not in force.

Marginal note:Request for conciliation

 If conciliation has been chosen under subsection 103(1) of the Federal Public Sector Labour Relations Act as the process for the resolution of disputes, questions concerning the provision of equitable compensation to employees may be the subject of a request for conciliation under subsection 161(1) of that Act.

  • 2009, c. 2, s. 394 “20”
  • 2013, c. 40, s. 362
  • 2017, c. 9, s. 55
  • 2018, c. 24, s. 29
The following provision is not in force.

Marginal note:Obligations of public interest commission seized of request for conciliation

 A public interest commission seized of a request for conciliation under the Federal Public Sector Labour Relations Act that includes questions concerning the provision of equitable compensation to employees shall

  • (a) determine, in the absence of any agreement by the parties, whether any job group is female predominant and, if it determines that it is, recommend how the equitable compensation assessment in respect of that job group should be conducted; and

  • (b) include in its report, subject to section 177 of the Federal Public Sector Labour Relations Act, recommendations that, if accepted by the parties, would result in the provision of equitable compensation to the employees concerned.

  • 2009, c. 2, s. 394 “21”
  • 2017, c. 9, s. 55

Ratification

The following provision is not in force.

Marginal note:Obligation to prepare report

 Before a bargaining agent submits a proposed collective agreement to employees for ratification, the employer and the bargaining agent shall jointly prepare and make available, in the prescribed manner, to the employees to whom the proposed collective agreement relates, a report that

  • (a) sets out how the equitable compensation assessment in respect of every female predominant job group was conducted; and

  • (b) if, in the course of the bargaining that led to the proposed collective agreement, the employer and the bargaining agent have determined that an equitable compensation matter exists, describes the matter and specifies whether that matter is to be resolved during the term of the proposed collective agreement and if not, the reasonable time within which it is to be resolved.

Complaints

The following provision is not in force.

Marginal note:Failure to comply

 A unionized employee may, in a form acceptable to the Board, file a complaint with the Board if the employee has reasonable grounds to believe that his or her employer or bargaining agent has failed to comply with section 12.

The following provision is not in force.

Marginal note:Lack of equitable compensation

  •  (1) An employee who is bound by a collective agreement entered into by an employer and a bargaining agent may, in a form acceptable to the Board, within 60 days after the day on which the collective agreement was entered into, file a complaint with the Board if

    • (a) the employee has reasonable grounds to believe

      • (i) that he or she is a member of a female predominant job class, and

      • (ii) that an equitable compensation assessment conducted in respect of that job class would lead to the identification of an equitable compensation matter; and

    • (b) the employee is of the opinion that he or she will not receive equitable compensation during the term of that collective agreement or within a reasonable period after the expiry of that term.

  • Marginal note:Information that must be provided

    (2) The complaint must

    • (a) describe the female predominant job class of which the employee alleges he or she is a member; and

    • (b) set out the reasonable grounds the employee has to believe the matters referred to in subparagraphs (1)(a)(i) and (ii).

Federal Public Sector Labour Relations and Employment Board

General

The following provision is not in force.

Marginal note:Application of Federal Public Sector Labour Relations Act

  •  (1) The provisions of the Federal Public Sector Labour Relations Act apply, with any modifications that the circumstances require, in relation to any complaint or order made under this Act as though the complaint or order were a complaint or order, as the case may be, made under that Act.

  • Marginal note:Regulations

    (2) The Board may make regulations concerning the procedure in respect of the making of complaints under this Act and any other matter that is incidental or conducive to the exercise of its powers and the performance of its duties and functions under this Act.

  • 2009, c. 2, s. 394 “25”
  • 2013, c. 40, s. 443
  • 2017, c. 9, s. 55
 
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