TRANSIT WINDSOR REPORT

Transcription

1 TRANSIT WINDSOR REPORT MISSION STATEMENT: PROVIDING SAFE, RELIABLE AND AFFORDABLE PUBLIC TRANSIT FOR THE COMMUNITY THROUGH CONTINUOUS IMPROVEMENT IN CUSTOMER CARE, ENVIRONMENTAL STEWARDSHIP AND EMPLOYEE EXCELLENCE. TO: FROM: Transit Windsor Board of Directors Director of Corporate Services, Director of Operations and General Manager DATE: July 18, 2013 SUBJECT: MANAGEMENT PAY EQUITY/JOB EVALUATION RECOMMENDATION: I. That the Transit Windsor Board of Directors APPROVE the reclassification under Pay Equity of the ten Operations Supervisors from Grade 8 to Grade 9 on the Non- Union/Management Salary Schedule; II. That Administration BE INSTRUCTED to finalize the Market Survey and BRING a report back to the Board of Directors for consideration. BACKGROUND: At the meeting of May 14, 2013, the Board of Directors was advised that the preliminary review of the Pay Equity had determined that, subject to the appeal process, no incremental salary adjustments were required for the positions evaluated as a consequence of Pay Equity for the Management/Non-union staff below the Directors. These positions are being paid in accordance with their responsibilities; however, the final determination of any incremental costs could not be determined until all appeals had been finalized. At that time, the Board was also advised of a concern with regard to the Operations Supervisor job category. Currently we have 10 Operations Supervisors who generally are promoted from the union bus driver ranks. The difficulty we have is that they are classified in pay grade 8 with a salary range of between $55,189 and $64,979. Currently a bus driver makes $54,330 before (afternoon, evening, or Sunday) premiums. Accordingly, Step 1 in grade 8 would actually result in a decrease in compensation which is not an incentive for bus drivers to apply for a vacancy in this non-union position. On June 26, 2013, we received an internal appeal from the Operations Supervisors. These front line supervisors primary responsibility is monitoring the on-street service and responding to the daily challenges to ensure the service is provided as advertised. They are directly responsible for the bus drivers activities and the provision of service to the numerous special events. The Pay Equity Committee reconvened on June 27, 2013 to consider the appeal.

2 Transit Windsor Board of Directors July 18, 2013 The Operations Supervisors submit that their job recently changed for a variety of reasons. Under the newly implemented work-alone policy, they are now responsible for supervising a different class of staff at times, since they have a responsibility for the maintenance and customer service staff. With the elimination of security at night at Transit Centre, they also assumed responsibility for security issues. Further, they have taken over the duties previously assumed by the Transportation Assistant with the elimination of that position, and the Lead Supervisor position does not supervise this group; rather, this position is another specialty within the Operations Supervisor category, such as driver training, special events or bus stop locations, and they are required to assume the duties of the Lead Supervisor and/or the Transportation Manager during absences. DISCUSSION: At the meeting of May 14, 2013, the Board was advised Transit Windsor s Pay Equity Plan evaluated positions based on the following four legislated factors and sub-factors: 1. Skill 2. Education 3. Experience 4. Mental Effort 5. Physical Effort 6. Overall Responsibility 7. Supervisory Scope 8. Impact of Error 9. Contacts 10. Working Conditions Once the job information and/or data was collected, the information was analyzed by the Committee and point values were assigned, based on an analysis of four legislated factors: skill, effort, ability/responsibility, and working conditions. The job information collected and analyzed must accurately capture the skill, effort and responsibility normally required in the performance of the work and the conditions under which it is normally performed for both the female job classes in the Plan and the male job classes to be used for comparison purposes. Upon reviewing the submission of the additional duties given to the Operations Supervisors, it was determined that the Mental Effort required performing these duties went from a rank of 3 to 3.5. This was primarily a result of now having shared responsibilities of supervising employees in different classifications (i.e. operators and customer service and maintenance staff). Further, their work disruptions and pressures are frequent to complex, though precedented, which requires them to evaluate the situation and find alternate solutions. Based on these changes, the position was awarded additional points and moved them from Grade 8 to Grade 9 on the nonunion pay scale. The range for Grade 8 is $55,188 to $64,979. The range for Grade 9 is $59,690 to $70,277. While the appeal was submitted and reviewed under the Pay Equity Process, because the Operations Supervisors position is a male-dominated classification (i.e. eight males and two

3 Transit Windsor Board of Directors July 18, 2013 females), and was the male comparator originally identified for those female-dominated positions contained in Grade 8, the results of the appeal has impact on both the organization s internal equity (i.e. work measurement and role valuation with respect to compensation practices), as well as Pay Equity. Pay Equity legislation was introduced to deal primarily with redressing pay inequities based on gender. Accordingly, the Act obligates every employer to establish and maintain compensation practices that provide for Pay Equity in every establishment of the employer (Section 7(1) Pay Equity Act). The purpose of the Pay Equity Act, therefore, is to redress systemic gender discrimination in compensation for work performed in female job classes specifically. Accordingly, Pay Equity is different than Employee Equity legislation, which is aimed primarily at removing employment barriers for members of four designated groups: women, aboriginal people, members of visible minorities, and people with disabilities. The goal of employment equity was to provide equal opportunity in employment with no discrimination. Pay Equity is also different from the simpler concept of equal pay for equal work. The equal pay concept only permits similar jobs to be compared within an establishment and does not address every aspect of gender-based wage discrimination. Pay Equity specifically addresses gender-based wage discrimination with the underlying objective of equal pay for work of equal value. Accordingly, in order to identify gender discrimination in compensation for Pay Equity purposes specifically, employers are required to compare each female job class within its establishment with all male job classes in terms of the value of the work performed and the compensation paid. For the purposes of compliance with the Pay Equity Act, Pay Equity is achieved when the job rate for the female job class that is the subject of the comparison is at least equal to the job rate for a male job class in the same establishment where the work performed in the two job classes is of equal or comparable value (Section 6 of the Act). In this instance, therefore, the original male comparator identified for those female positions in Grade 8, was the Operations Supervisor. This male-dominated job position was identified as the appropriate male comparator that would effectively eliminate any gender effect and close any wage gap as between the male dominated class and all other female job classifications compared to it. The achievement of the Act s objectives, therefore, is premised on this comparative analysis of both male and female dominated job classes within the workplace. Although at the time that this analysis occurred, the Operations Supervisor position was currently in Grade 8, which also includes four female-dominated classifications in Administrative positions, the Operations Supervisor position evolved, as outlined earlier herein. Pay Equity principles recognize that organizations (and the various roles/job positions within an organization) are not static and are subject to change over time, as with the Operations Supervisors in this instance. As a result of those changes to the Operations Supervisor role, the Pay Equity value originally assigned to the position effectively increased as a result of the appeal. Consequently, the Operations Supervisor position was no longer the appropriate male comparator for those female job classifications within Grade 8. The Pay Equity maintenance obligation outlined in Section 7 of the Act, however, requires that Transit Windsor identify a new male comparator to replace the former one. It is a significant factor to note that, in identifying a new male comparator, a reduction in the female wage rate is absolutely prohibited. Female job classes must not be detrimentally

4 Transit Windsor Board of Directors July 18, 2013 impacted by virtue of the implementation of a new/different male comparator. As a result of the Operations Supervisors having been reclassified to Grade 9, the Pay Equity requirement specifically will be to identify a different male comparator for Grade 8 that is within the same 75 point spread as the Administrative Staff. In reviewing the Plan, it was noted that the Assistant Scheduler was a male position identified in the last review with a point range consistent for Grade 8. The Assistant Scheduler position is currently vacant. When the farebox project commenced, the former Assistant Scheduler assumed the position of Statistical and Technology Coordinator, responsible for all statistical reporting and being the primary liaison on the farebox project, while maintaining the Assistant Scheduler responsibilities. Based on the new qualifications, this position was moved from Grade 8 to Grade 9. The vacant position of Assistant Scheduler can still be analyzed for the purposes of Pay Equity and the identification of a new male comparator for the female positions remaining in Grade 8. The law firm of Kavanaugh, Milloy reviewed Transit Windsor s Pay Equity Plan most recently in December 2012, and was satisfied that it met all legal requirements for Pay Equity purposes. Further, they were satisfied with the recommendation by Administration as outlined herein, as detailed in the confidential memo available for Board members only. FINANCIAL MATTERS: The Board of Directors should be aware that an initial provision of $200,000 was included in the 2013 budget request for Pay Equity and market adjustment. The original reductions reduced this item to $80,000 for Pay Equity only and final recommendations reduced this amount to $34,000. Ongoing and regular maintenance of Transit Windsor s compensation practices may or may not affect a provision of Pay Equity. In this instance, since the increases are for a male-dominated position, the increase to that position and the movement up to Grade 9 is more properly characterized as an internal equity matter. As such, the timing for the implementation of the new wage rates and the step at which each employee incumbent is to be placed, is at the discretion of the Board. There is no legislated Pay Equity timeline that applies. The appeal was accepted June 27, 2013; accordingly, we recommend that the increase be effective with the start of the new pay week on June 30, Further we recommend that the increases be to the next highest step in the Grade. Accordingly, all but one recently hired supervisor with be placed at Step 4 of the 5 Step grid and will reach job rate in Based on upholding the appeal with an effective date of June 30, 2013, the following adjustments will prevail for the 10 employees (not all at job rate). Prior to Pay Equity Post Pay Equity Annual Increase 2013 Increase $639, $666, $27, $13, The increase for 2013 for internal equity is $13, and the 2013 budget contained a provision for $34,000 for increases under Pay Equity/market increase. Since the adjustment is effective June 30, 2013, an additional $13, plus the costs associated with moving to the next step (estimated to be $14,040.60) will have to be added to the 2014 budget. In 2014, the majority of the Operations Supervisors will have reached job rate.

5 Transit Windsor Board of Directors July 18, 2013 CONCLUSION: While the market survey was just about completed, it will now have to be updated, based on the results of the internal pay equity appeal. Market survey adjustments, if any, are solely at the discretion of the Board of Directors and may or may not be implemented. While there was a commitment to conduct the market survey, there is no commitment by the Transit Windsor Board of Directors to implement the market survey. It is anticipated that the market survey will be finalized by the next meeting and a report will be brought to the Board of Directors for consideration. The 2013 budget contained a provision for the pay equity/market survey cost of $34,000. The annualized cost for these changes will have to be included in the 2014 budget. Tony Houad Director of Corporate Services Patrick Delmore Director of Operations Penny Williams General Manager