Instructions Concerning Wage Adjustments as per April 29, 1991, Decision of the Human Rights Tribunal - Hospital Services Group, Operational Category

Authority

1. 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.
2. 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.
3. 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

4. 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.
5. 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.
6. 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.
7. 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
8. 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.
9. 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.
10. 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
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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
18. 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

19. "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

20. 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

21. Prior to July 27, 1987, wage adjustments are considered "salary" for purposes of the Public Service Superannuation Act (PSSA) only.
22. 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

23. 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.
24. 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

25. 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 sexcess of salary allotments should be claimed against Treasury Board Vote 5, Contingencies for Salary Shortfalls.

Additional information

26. 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