April 7, 2009
One of the largest federal unions is challenging the constitutionality of the Harper government’s budget legislation for taking away collective bargaining for federal workers.
The Professional Institute of the Public Service of Canada filed its lawsuit in the Ontario Superior Court of Justice in Toronto, arguing the budget legislation’s “regressive and illegal provisions” violate federal workers’ rights under the Charter of Rights and Freedoms, said acting president Gary Corbett.
“The government is totally unjustified in imposing these ideologically driven unconstitutional and regressive measures on its employees and it shouldn’t be allowed to get away with it,” he said.
The union which represents 57,000 professionals working in the public service, from auditors to scientists, is the latest to take the government to court over the controversial law, which imposed wage controls and rollbacks, suspended collective bargaining and hollowed out pay equity in the public service.
The Mounties were the first to take the government to court. In January, they asked the Federal Court to quash the government’s decision to roll back a three-year contract the RCMP negotiated last June. However, Ron Cochrane, co-chair of the National Joint Council that represents management and labour, said he expects the other 17 unions will follow PIPSC’s lead with similar challenges.
Like the Mounties, PIPSC is relying on a Supreme Court ruling that decided Canadians have a constitutional right to collective bargaining. In June 2007, the Supreme Court ruled a British Columbia labour law that allowed the government to effectively tear up union contracts and lay off workers was unconstitutional. The court decided the law was a “significant interference in the right to bargain collectively.”
But PIPSC is also taking aim at the government’s radical overhaul of pay equity, which critics have argued effectively kills workers’ rights for equal pay for work of equal value. “This turns the clock back 20 years and it will lead to the death of pay equity,” said Corbett. The omnibus Budget Implementation Act, which passed last month, included the Expenditure Restraint Act, which imposed wage controls and suspended collective bargaining until 2010 – 2011. Also buried in the bill is the Public Service Equitable Compensation Act, which takes pay equity out of the Canadian Human Rights Act for workers in the broader federal public sector – including departments, Crown corporations, agencies and commissions.
The legislation requires problems with pay equity into a “bargaining chip” that is supposed to be traded off in contract negotiations violates the fundamental “equal pay for work for equal value” that’s guraranteed in the human rights act and equality rights that are enshrined in the Charter.
Paul Durber, a well-known pay equity consultant, agreed the law is a radical overhaul of pay equity that will essentially kill it for federal workers. “With the act, pay equity is no longer a human right. It will kill pay equity deader than a doornail, ” he said.
The law also stops wage comparisons between men and women, striking at the heart of pay equity, which is aimed at eliminating the wage gap between men and women. Durber argued that without such comparisons, how can unions even make a pay equity case at the bargaining table.
It also introduces a new threshold workers have to meet to be considered for a pay-equity settlement. It now requires that employees in an occupational group have 70 percent females before it is considered a “female-dominated” group. This threshold is higher than the previous formula and will deny pay equity to groups of workers that would qualify if they had remained under the CHRA.
Pay equity complaints are highly complex, costly and until now have been led by unions for their members. The biggest was the Public Service Alliance of Canada’s historic $3.6 billion settlement that a Canadian Human Rights Tribunal awarded in 1999 to thousands of “female-dominated” groups such as secretaries, clerks, data processors, librarians, hospital and educational workers.
Under the new law, unions are probhibited from helping their members mount a pay-equity case or even encourage them to do so without facing a fine of up $50,000.
Durber said the government was able to ram through the pay equity changes by burying it in the budget legislation at a time when MPs and Canadians were obsessed with getting the stimulus package in place to jolt the sagging economy.