Pay equity flames fuelled
Debate heats up as government moves to dismiss complaint

by Jeff Colbourne
Northern News Services

NNSL (Apr 20/98) - The dispute over pay equity rages on between the Union of Northern Workers and the territorial government.

In a half-page ad in last week's News/North, the GNWT announced again its $40-million financial commitment to resolve pay equity. It mentioned also that it is taking steps to have the pay equity complaint dismissed.

The government drew its fire against the complaint by referring to a pay equity complaint that was recently quashed between Bell Canada and Communications, Energy and Paperworkers Union of Canada, Canadian Telephone Employees Association and Femmes Action in Ontario.

Union president, Jackie Simpson said arguments and circumstances are different between the two cases.

"Our lawyers are looking at the arguments and trying to make comparisons to ours and it's like trying to compare apples and oranges in many cases because our circumstances and time frames and attempts at negotiations over the last 10 years are very different," said Simpson.

Lew Voytilla, secretary of the Financial Management Board for the GNWT said the similarities between the Bell case and the GNWT's case are very close.

"If people want to see these court cases themselves we've got copies," said Voytilla.

The Bell case also shows the tribunal to be in a perceived conflict in its decision-making processes -- the same tribunal the Northern union is planning to use to resolve the pay equity dispute.

The tribunal may be in conflict because members are appointed and paid by the Human Rights Commission.

"What is being said by the territorial government is that they're going to use this as a strategy to delay our case being heard before the tribunal," said Simpson.

The UNW is scheduled to meet with the tribunal May 22-23.

Simpson said the federal Liberal government recognizes the need to make changes in the legislation so that the tribunal is kept at arms length form the Human Rights Commission.

"You'll probably see the changes in the House of Commons this year," said Simpson.

Voytilla said the last thing the government wants to do is delay negotiations.

"We're not trying to slow down the resolution of the complaint. As a matter of fact we want to get on with a resolution of the complaint. We've been pushing the union to negotiate a settlement of the complaint with us. The HRC has gone formally on record saying their preference is to have the parties negotiate resolutions to these complaints," he said.

Voytilla added that tribunal systems "inherently are long, delayed processes."

Simpson would like to see the government come back and negotiate some semblance of resolution over the next little while.

"But that might just be a pipe dream of mine," said Simpson.

In the GNWT's pay equity campaign they refer also to a Federal Court of Canada statement recognizing that it would be in bad faith for a union to negotiate a collective agreement and then file a pay equity complaint against the employer.

Simpson retorted that back in 1987, a pay equity problem was recognized by the union and addressed at the negotiating table.

In 1989, a settlement was signed agreeing to a joint study. In 1992, both parties attempted to come to the table and negotiate but talks broke down and has stalled since.

"We never did in fact say that we had a system that was an equitable system nor did we ever negate any responsibility to say that we agreed with the government on pay equity," said Simpson.

Voytilla expected such a remark.

"I would expect when you say to somebody that you are at fault and you are liable for potentially millions of dollars and you would say `no we're not,'" said Voytilla.

Top of pageDiscussion boardSearch