Circular No.: 1992-4
Date: April 3, 1992
To: Directors of Personnel
Chiefs of Classification
Heads of bargaining agents and
Treasury Board (internal)
Subject: Instructions concerning wage
adjustments as per April 29, 1991, decision of the Human Rights
Tribunal - Hospital Services Group, Operational Category
Authority
- Following its decision no. 816776 of July 10, 1991, the
Treasury Board has authorized the issuing of wage adjustments to
persons employed by the Department of Health and Welfare as
Community Health Representatives. The Treasury Board has also
authorized that wage adjustments be paid to persons who feel they
have been adversely affected by classification under the July 27,
1987, Hospital Services Classification Standard in comparison to
the classification that would apply to an equivalent position
under the General Services Classification Standard.
- This decision is in accordance with the decision of the Human
Rights Tribunal that was rendered on April 29, 1991, under
section 7 of the Canadian Human Rights Act (CHRA), which follows
the July 15, 1987, consent order of the Tribunal respecting a
complaint under sections 7, 10 and 11 of the CHRA.
- This circular outlines the administrative procedures for
implementing the April 29, 1991, decision of the Human Rights
Tribunal concerning wage adjustments. Directives that are
applicable to classifying positions in the Hospital Services (HS)
Group have been addressed in another information bulletin.
Eligibility
Community Health Representatives Period from
September 9, 1980, to July 26, 1987, inclusive
- The Human Rights Tribunal decision requires that persons who
were employed by the Department of Health and Welfare as
Community Health Representatives at the HS-03 group and level at
any time during the period from September 9, 1980, up to July 26,
1987, inclusive be compensated as if they had been classified at
a GS-05 level instead of at a GS-04 level.
- These persons are entitled to compensation in the amount of
the difference between the equalization payments that were
received pursuant to the consent order dated July 15, 1987, and
the equalization payments that would have been paid under that
consent order if these employees had been evaluated at a GS-05
level.
- Lump-sum adjustments have been calculated in each pay region
for each of the 14 time periods during the retroactive period for
which the HS and the GS collective agreements yielded unique wage
differences. Annexes A and A.1 provide a list of lump-sum
adjustments, in hourly and lump-sum figures.
- Eligible employees are entitled to the full lump-sum
adjustment corresponding to their pay region for any adjustment
time period, if they were employed in that region for the total
number of standard hours for that period. They will receive a
prorated payment if they had periods of leave without pay or were
employed for less than the total standard hours for the period.
Community Health Representatives Period from July 27, 1987
- The Human Rights Tribunal decision also requires that persons
who were employed by the Department of Health and Welfare as
Community Health Representatives at the HS-03 group and level at
any time from July 27, 1987, to December 21, 1987, be compensated
on the basis of classification at a GS-05 level instead of at a
GS-04 level.
- Persons who were employed in such positions are, therefore,
also entitled to compensation in the amount of the difference
between the equalization payments that were received between July
27, 1987, and December 21, 1987, and the equalization payments
that would have been received had they been evaluated at the
GS-05 group and level.
- Lump-sum adjustments have also been calculated in each pay
region for the two time periods during the retroactive period
July 27 to December 21, 1987 for which the HS and the GS
collective agreements yielded unique wage differences. See
annexes A and A.1. All other HS employees Period from July 27,
1987, to December 21, 1987
- The Human Rights Tribunal decision requires that wage
adjustments be paid to persons who feel that they have been
adversely affected by classification under the July 27, 1987,
Hospital Services Classification Standard in comparison to the GS
Classification Standard.
- Any previous wage adjustments that were awarded as a result
of the Human Rights Tribunal consent order of July 15, 1987, must
be taken into account in calculating what retroactive wages an
employee is entitled to when a re-evaluation under the GS
Classification Standard results in a higher level and wage
adjustment.
- From July 27, 1987, to December 21, 1987, inclusive, all HS
employees in departments and agencies listed under Schedule 1,
Part 1 of the Public Service Staff Relations Act, including
employees who were not subject to collective bargaining, received
wage adjustments. These wage adjustments equalized the wages of
employees in the HS Group with those of employees in the GS
Group. PMM Bulletin 89-40 provided hourly wage rates that were to
be used for calculation purposes for this retroactive period.
These rates are reproduced under annexes B, C, D and E.
- Employees who were classified in non-supervisory HS positions
received the hourly wage rate that corresponded to their
classification level and pay region shown in Annex B for the
period July 27, 1987, to November 4, 1987, and in Annex C for the
period November 5, 1987, to December 21, 1987.
- Employees who were classified in supervisory HS positions
received the hourly wage rate of the GS level. This wage rate was
determined by taking the classification level and supervisory
coordinates for the positions, in the appropriate pay region.
These rates are listed in Annex D for the period July 27, 1987,
to November 4, 1987, and in Annex E for the period November 5,
1987, to December 21, 1987.
- The hourly wage rate entitlement is a single rate for each
classification level and pay region. Adjustments varied for
employees at the same classification level and in the same pay
region, because of their individual positions in the range of
rates for the HS Group.
- Calculations to determine if a person is entitled to receive
retroactive wage adjustments as a result of a higher level under
the GS Classification Standard are to be based on a comparison of
the actual hourly wage rates under the appropriate HS collective
agreement. All HS employees Period from December 22, 1987
- As a result of the general wage increases order by a
Conciliation Board on April 20, 1990, effective December 22,
1987, further wage adjustments were not required for all levels
of the HS Group. As of December 22, 1987, the HS collective
agreement applies.
Definition
- "Persons" or "employees" means present and former employees
employed in a position in the Hospital Services Group for a
specified period (over and under six months), or on an
indeterminate, part-time or seasonal basis. It does not include
individuals who work under contract or who are employed through
an agency or by a separate employer.
Former Employees
- When former HS employees are entitled to compensation that is
outlined in any of the above paragraphs, but they have ceased,
regardless of the reason, to be employed in a position in the HS
Group, they must exercise their entitlement in the following
manner. Former employees must make application in writing to the
actual or last employing department or agency or to the Treasury
Board Secretariat before March 31, 1993, or one year after the
date of implementation of a Hospital Services Classification
Standard that is adopted pursuant to clause (2) of the Order,
whichever occurs last.
Application to other entitlements
- Prior to July 27, 1987, wage adjustments are considered
"salary" for purposes of the Public Service Superannuation Act
(PSSA) only.
- As of July 27, 1987, wage adjustments are considered as pay
for all purposes. As such, the wage adjustments form part of the
salary and all entitlements and deductions that are based on
salary must be calculated.
Employees in receipt of acting pay
- Prior to July 27, 1987, for all periods during which an
employee received acting pay, the wage adjustment must be made on
the basis of the employee's substantive level and not on the
basis of the level at which the employee was acting.
- As of July 27, 1987, for all periods during which an employee
received acting pay, the wage adjustment must be made on the
basis of the level at which the employee was acting.
Reporting and allotment of costs
- For reporting purposes, the retroactive wage adjustments are
to be reported under Entitlement Code 218 or 219, as applicable.
Costs are to be charged to the departmental salary allotment.
Costs that are in excess of salary allotments should be claimed
against Treasury Board Vote 5, Contingencies for Salary
Shortfalls.
Additional information
- Requests for additional information or clarification of the
pay aspects of this circular should be directed to:
Pay Administration and Policy
Interpretation Section,
Personnel Policy Branch,
Treasury Board Secretariat,
Ottawa, Ontario.
KlA 0R5
Telephone: (613) 952-3202, 952-3204 or
952-3211
For further information regarding other aspects
related to equal pay for work of equal value and this circular,
direct inquiries to:
Equal Pay Section,
Classification Delegation, Monitoring,
Grievance and Equal Pay Group,
Personnel Policy Branch,
Treasury Board Secretariat,
Ottawa, Ontario.
KlA 0R5
Telephone: (613) 952-3177
to 952-3180 and 952-3193
Lise Ouimet,
Assistant Secretary,
Classification, Equal Pay,
Information and Pay Division
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