- Target:
- Canadian Human Rights Commission 344 Slater Street, 8th Floor Ottawa, Ontario K1A 1E1
- Region:
- Canada
Canada Post Rural and Suburban Mail Carriers (RSMC's) have long been underpaid for essentially providing the same services as our Letter Carrier brothers & sisters despite this practice being in direct violation of Canada's Human Rights legislation pertaining to Pay Equity.
Because RSMC's qualify as a "gender predominate" group as definded by section 13 of the Equal Wages Guidelines, the Canadian Human rights Commission overview text "The Pay Equity mandate is to discourage wage discrimination or any policy or practice that may lead to wage discrimination on the ground of sex by investigating pay equity complaints. Pay equity is governed by the Canadian Human Rights Act and the Equal Wages Guidelines" is relevant.
RSMCs are what is called a "gender predominate" group as definded by section 13 of the Equal Wages Guidelines, 1986 http://laws-lois.justice.gc.ca/eng/regulations/SOR-86-1082/page-2.html#h-11 "13.
For the purpose of section 12, an occupational group is composed predominantly of one sex where the number of members of that sex constituted, for the year immediately preceding the day on which the complaint is filed, at least (a) 70 per cent of the occupational group, if the group has less than 100 members; (b) 60 per cent of the occupational group, if the group has from 100 to 500 members; and (c) 55 per cent of the occupational group, if the group has more than 500 members."
According to CUPW's National Women's committee report for 2011 http://www.cupw.ca/multimedia/website/publication/English/PDF/2011/c2011_women_en.pdf RSMCs are 71% women and the Urban Ops are 61.2% men.
This clearly defines both groups as being gender predominate. Now everyone is aware of the wage gap that exists between RSMCs and the Urban Ops, but section 15 of the Equal Wage Guidelines 1986 actually provides a method to measure it. First is a direct hourly wage comparison which won't work in our case since we have two different types of pay and benefits. That leaves the indirect method which takes into account the total monetary value of all pay, benefits and perks of each group.
Thanks to the Canadian Labour Board decision no. 675 dated February 10th, 1988 it has already been determined that our work is similiar to that of the Urban Ops so there is no contest on that point.
So according to section 11 of the Human Right Act http://laws-lois.justice.gc.ca/eng/acts/H-6/page-3.html#docCont , Canada Post's current treatment of RSMCs is discriminatory.
Equal wages 11.
(1) It is a discriminatory practice for an employer to establish or maintain differences in wages between male and female employees employed in the same establishment who are performing work of equal value.
Assessment of value of work
(2) In assessing the value of work performed by employees employed in the same establishment, the criterion to be applied is the composite of the skill, effort and responsibility required in the performance of the work and the conditions under which the work is performed.
Separate establishments
(3) Separate establishments established or maintained by an employer solely or principally for the purpose of establishing or maintaining differences in wages between male and female employees shall be deemed for the purposes of this section to be the same establishment.
Different wages based on prescribed reasonable factors
(4) Notwithstanding subsection (1), it is not a discriminatory practice to pay to male and female employees different wages if the difference is based on a factor prescribed by guidelines, issued by the Canadian Human Rights Commission pursuant to subsection 27(2), to be a reasonable factor that justifies the difference.
Idem
(5) For greater certainty, sex does not constitute a reasonable factor justifying a difference in wages.
No reduction of wages
(6) An employer shall not reduce wages in order to eliminate a discriminatory practice described in this section. Definition of “wages”
(7) For the purposes of this section, “wages” means any form of remuneration payable for work performed by an individual and includes (a) salaries, commissions, vacation pay, dismissal wages and bonuses; (b) reasonable value for board, rent, housing and lodging; (c) payments in kind; (d) employer contributions to pension funds or plans, long-term disability plans and all forms of health insurance plans; and (e) any other advantage received directly or indirectly from the individual’s employer."
As a group that are being discriminated against, RSMCs can file a complaint with the Human Rights Commission.
If enough RSMCs file then they will bundle our complaints into one large file and pursue Canada Post.
The method depends of Canada Post's level of cooperation they can assign an arbitrator to our negotiations to make sure Canada Post corrects the discrimination or they can go all the way up to bringing our case to court.
If RSMCs are tired of waiting for results that won't come then step up and fight for yourselves and contact the Human Rights Commission.
Canadian Human Rights Commission 344 Slater Street, 8th Floor Ottawa, Ontario K1A 1E1 1-888-214-1090 www.CHRC-ccdp.ca
"We, the undersigned, call on the Canadian Human Rights Commission 344 Slater Street, 8th Floor Ottawa, Ontario K1A 1E1, to open a complaint/dispute file on behalf of Canada Post Rural and Suburban Mail Carriers (aka RSMC's) against Canada Post Corporation on the basis of Pay Equity discrimination.
RSMC's with 71% female membership are a "gender predominate" group as definded by section 13 of the Equal Wages Guidelines and essentially provide the same services, for substantially less wages, than Canada Post Letter Carriers, who are 61.2% male.
The Canadian Human rights Commission overview text for the Equal Wages Guidelines state: "The Pay Equity mandate is to discourage wage discrimination or any policy or practice that may lead to wage discrimination on the ground of sex by investigating pay equity complaints. Pay equity is governed by the Canadian Human Rights Act and the Equal Wages Guidelines" is therefore relevant.
WE, the undersigned RSMC employees of Canada Post, do hereby submit a "pay equity complaint" and request that such an investigation be launched immediately.
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The RSMC Pay Equity petition to Canadian Human Rights Commission 344 Slater Street, 8th Floor Ottawa, Ontario K1A 1E1 was written by Anonymous and is in the category Human Rights at GoPetition.