FPSLREB Decisions

Interpretation - Equalization payments - the grievors claimed equalization payments pursuant to a memorandum of understanding (MOU) signed by their bargaining agent and the employer - the MOU provided that the grievors would be paid the "adjustments based on Equal Pay" which the Treasury Board may pay to its employees in the CR group and ST-OCE subgroup - the grievors alleged that "special pay adjustments" paid by the Treasury Board to its employees in the CR group and ST-OCE subgroup were "adjustments based on Equal Pay" for the purpose of the MOU - further, a memorandum of agreement (MOA) signed by the bargaining agent and the Treasury Board in relation to the CR group and ST-OCE subgroup provided that "special pay adjustments" will be used in the calculation of the "pay equity wage gap" - the employer responded that the "special pay adjustments" paid by the Treasury Board were merely increases in the rates of pay - it added that the MOA made no mention of the "special pay adjustments" being equal pay adjustments - further, the MOA stated specifically that payment of "special pay adjustments" may not be construed as an admission that there was any difference in wages of male and female employees - the grievors replied that all pay equity adjustments are adjustments to the rates of pay - the adjudicator found that the grievors did not establish on a balance of probabilities that the "special pay adjustments" were for pay equity reasons - he further found that any increase to the rates of pay, including an economic one, would be used in calculating any pay equity wage gap. Grievances denied.