PSAC Pay Equity Bulletin

April 19, 2005

PSAC Equal Pay Complaint at Canada Post
Chronology

Sept 1983 PSAC files a complaint under section 11 of the CHRA on behalf of the CR bargaining unit at Canada Post. The complaint seeks equal pay with the Postal Operations bargaining units retroactive to Oct 15, 1981.

Oct 1985 CHRC begins its investigation.

Nov 1988 CHRC threatens court action to force Canada Post to provide requested information necessary for its investigation.

June 1991 PSAC advises the CHRC it is considering legal action against the CHRC because of delays in its investigation of the complaint.

Dec 1991 CHRC releases draft investigation report to PSAC and Canada Post for comment.

Jan 1992 CHRC releases final investigation report to the PSAC and Canada Post.

Mar 1992 PSAC’s complaint is referred to a Tribunal for determination.

May 1992 Tribunal members appointed.

Nov 1992 Tribunal holds pre-hearing meetings with PSAC, CHRC and Canada Post.

Feb 1993 Tribunal begins hearing evidence.

Nov 1994 CHRC completes presenting its evidence-in-chief to the Tribunal. One hundred and fifteen hearing days are used.

Dec 1994 PSAC begins presenting its case to the Tribunal

Nov 1995 PSAC completes its evidence-in-chief. Thirty-five hearing days are used.

Jan 1996 Canada Post begins presenting its case to the Tribunal.

Sept 1998 Tribunal dismisses a Canada Post motion calling for the Tribunal to declare itself to be institutionally biased.

April 2000 Canada Post completes its evidence-in-chief. One hundred and eighty-seven hearing days are used.

Nov 2000 Tribunal agrees to a Canada Post request to suspend proceedings pending a Dec 2000 Federal Court hearing of Canada Posts appeal of the Tribunal’s earlier ruling on its own institutional impartiality.

April 2001 Tribunal resume hearings at the PSAC’s after the Federal Court cancels scheduled Dec 2000 hearing.

May 2001 Tribunal resumes hearings.

July 2002 Tribunal completes evidence stage of its hearings.

Jan 2003 PSAC and CHRC submit written arguments to the Tribunal.

April 2003 Canada Post submits written arguments to the Tribunal.

May 2003 Tribunal begins hearing oral arguments.

June 2003 Tribunal concludes hearing oral arguments after 414 hearing days. The transcript of the hearings exceeds 46,000 pages.

Aug 2003 Tribunal reconvenes to receive legal submissions regarding the relevance of the Supreme Court of Canada’s decision on institutional bias in the Bell case.

June 2004 Chairman of the Tribunal resigns.

Aug 2004 Tribunal receives written legal submissions regarding the relevance of the Federal Court of Appeal’s decision concerning the issue of establishment in the Air Canada case.

Feb 2005 PSAC, CHRC and Canada Post continue to await the Tribunal’s decision