Thank you very much.
Good evening, and thank you for inviting the Public Service Alliance of Canada to appear before the committee.
PSAC represents about 140,000 members who may be affected by the recommendations made by this committee. These are members in the federal public service, federal agencies, crown corporations, ports, airports, and national museums.
We filed our first pay equity complaint in 1979, not long after the Canadian Human Rights Act became law. Over the years we've gained a lot of experience in this process. As the “Milestones” on page 3 in our presentation show, our members have had to wait many years to achieve pay equity. It took 15 years to resolve our 1984 complaint against the Treasury Board. Our 1983 complaint against Canada Post wasn't settled until 2013, literally 30 years later, and only after the Supreme Court was involved. We had former members in their eighties calling our offices, desperate to receive the money they were owed before it was too late. Sadly, I have to say that it was too late for some. That money went to their estates.
This is not what pay equity was intended to do. The federal complaint base model has been in place now for almost 40 years. That has given us more than enough time to assess its effectiveness. What we've found is that this model is highly adversarial. It requires legal expertise. It takes an excessive amount of time and resources to resolve the complaints. Budget and staff cuts can only add to the delays in dealing with complaints. Under this system it is virtually impossible for anyone to pursue a complaint who doesn't have the support of a large union or unlimited funds. As the federal pay equity task force concluded, it's an inadequate foundation for progress on pay equity.
Another model before us is the 2009 Public Sector Equitable Compensation Act. We believe there are a lot of problems with PSECA; perhaps that's why it hasn't actually been brought into force yet. The most serious concern is that it violates the Canadian Charter of Rights and Freedoms. We believe that setting up a scheme that only applies to women workers in the federal public service, and which also weakens their ability to achieve pay equity, is contrary to section 15 of the charter. We also believe PSECA violates paragraph 2(d) of the charter that guarantees freedom of association. PSECA prevents unions from representing their members in filing complaints and even includes hefty fines if they do provide any help.
These models are not going to help achieve pay equity. We believe there is a better way. I won't go into all of the task force findings, but it is important to note that through their extensive consultation process there were important areas of consensus. There was consensus that pay equity is a human right and is protected by constitutional equality rights; that the employers have a positive obligation to take steps to eliminate discriminatory wage differences based on sex; and that the pay equity regime must be accessible to both union and non-union workers.
Our union strongly urges this committee to support the comprehensive work done by the pay equity task force, which recommended adopting a new, proactive federal pay equity law.
There are key recommendations that must be part of any new law. All employees in the federal jurisdiction should be covered by the law, including employees who are not unionized; part-time employees; and casual, seasonal, and temporary workers. As well, pay equity coverage should be expanded beyond gender to include aboriginal workers, workers with disabilities, and workers of colour. The new law must include workers and their unions in developing pay equity studies and in maintaining pay equity over time. The task force also recommended that pay equity not be at the bargaining table. You can't bargain away human rights.
Finally, there needs to be a commission set up to assist employers, employees, and unions; and an expert tribunal established to quickly decide disputes between the parties. We would add that both the commission and the tribunal must be independent of the federal government and given the necessary funding to effectively carry out their roles.
Since the task force report was tabled, the labour movement, women's groups, and human rights organizations have called for its recommendations to be implemented. The Standing Committee on the Status of Women has tabled several reports over the years, all calling for implementation of the recommendations. Before now, the Liberals and the NDP each have introduced a private member's bill that would commit the government to putting the recommendation into law.
There has been much discussion over the years. Now is the time for action. Now is the time for this committee to recommend—to urge—that the government act without delay and make proactive pay equity legislation a reality.
Thank you for the opportunity to present our union's views.
Helen Berry, our pay equity expert, and I will be pleased to answer any questions you may have.