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Guideline # 10Which Job Classes to Compare |
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Pay Equity Implementation SeriesThe Pay Equity Implementation Series is designed to help employers, employees and bargaining agents to achieve pay equity and to understand their rights and obligations under the Pay Equity Act, R.S.O. 1990, c. P7, as amended (the Act). These guidelines do not restrict review officers of the Commission or the Pay Equity Hearings Tribunal in their interpretation of the Act. The series is published in a sequence that generally reflects the steps for implementing pay equity. (Revised Summer 2002) SignificanceThe Pay Equity Act requires that female job classes be compared with male job classes in terms of the value of work and pay within the same establishment to see whether pay equity exists. This guideline looks at how to find the appropriate male job class or classes to compare to a female job class using the job-to-job comparison method. The Commission publication Step-by-Step to Pay Equity Using the Proportional Value Comparison Method details how to find a representative group of male job classes when applying the proportional value comparison method. ExplanationThere are three methods that can be used, under certain circumstances, to make pay equity comparisons:
The job-to-job comparison method must always be applied first. If a female job class in an establishment cannot achieve pay equity using job-to-job comparisons, the proportional value comparison method must be applied. (An employer may not use a proportional value comparison if a prior job-to-job comparison indicates a higher adjustment.) If pay equity cannot be achieved by either job-to-job or proportional value comparisons, the employer must notify the Pay Equity Commission. Only public sector employers who cannot achieve pay equity for all female job classes with either job-to-job or proportional value comparisons and who had employees on July 1, 1993, may be ordered to apply the proxy comparison method. If ordered, these broader public sector employers will be given information on applying the method. Before comparisons can be made by any method, three steps must be completed:
The Job-to-Job Comparison Method If the value of job classes was determined using a point factor comparison system (the most usual system), the number of points assigned to the job class determines its value. If a ranking system was used which did not produce comparison points, the position of the job class in the rank order represents its value. The Act stipulates a specific sequence for identifying the appropriate male comparator job class for any particular female job class. One male job class can serve as the comparator for more than one female job class. Once jobs are evaluated, employers must take the following steps in sequence: 1. Look for a male job class of equal or comparable value among those in the same bargaining unit or among the non-union male job classes. This is what is called the "equal or comparable inside" comparison. If more than one male job class is found to be equal or comparable, the one with the lowest job rate is the appropriate comparator. Pay equity is achieved when the job rate for the female job class is at least as great as the job rate of the lowest paid equal or comparable male job classes. In this and the following illustrations F = female job class and M male job class.
Finding Comparators "Inside" 2. If there is no male job class of equal or comparable value in the same bargaining unit or group of non-union job classes, look for one from among other male job classes in the establishment. In this case, boundaries between one bargaining unit and another, or between a bargaining unit and the group of non-union employees must be crossed to look for a male comparator in the establishment. This is the "equal or comparable outside" comparison. If more than one of equal or comparable value is found, the one with the lowest job rate is the appropriate comparator. For example, if there is an unmatched female job class in a bargaining unit, look for male job classes in the other bargaining units or among the non-union job classes. If the female job class is in the non-union plan, look for male job classes in the bargaining units. Pay equity is achieved when the job rate for the female job class is at least the same as the lowest paid male job class of equal or comparable value.
Finding Comparators "Outside" 3. If there is no male job class of equal or comparable value in the establishment, look at all the male job classes throughout the establishment ("lower value, higher paid throughout") that are of lower value, with a higher job rate than the unmatched female job class. If more than one is found, the one with the highest job rate must be selected.
In this case pay equity is achieved when the job rate for the female job class is at least equal to the highest job rate of the lower valued, higher paid male comparators. If it is necessary to go outside a group of non-union job classes or outside the bargaining unit to find a male comparator for a female job class, potential male comparator job classes must be evaluated using the same gender neutral comparison system. If no male comparator job class can be found for a female job class, pay equity for this female job class cannot be achieved by job-to-job comparisons and the proportional value comparison method must be applied. Equal or Comparable Value The first two steps in the search for a male comparator job class specify that the male comparator must be of equal or comparable value to the female job class. If a point-factor comparison system was used to determine value, value is expressed in terms of evaluation points. Equal value would be two jobs with the exact same number of points. But what is comparable? Comparable means having close to, or roughly the same number of points. In determining which job classes are comparable in value, many employers set out ranges or bands of points in which the value of different job classes are considered comparable. This process is usually called banding. Banding of Points The concept of banding is not new. An example of bands of comparability is found in the school system when students are assigned grades. Students who score 90 to 100 points are given a letter grade of A; those who score 80-89 receive a "B"; and so on. No distinction is made between, say, a score of 91 and one of 97. Instead, these are defined as comparable and given the same letter grade. The same concepts can be applied using job comparison points and job rates. There are two approaches to banding: fixed bands (the most commonly used) and floating bands. Fixed Bands One approach in determining equal or comparable job classes is to list job classes by value, then divide the set of job class values into sections, or bands, with each band having the same number of points. For example, different job classes evaluated using a
particular system may range in value from 110 to 1000 points. One way
of banding is to select a starting point - say, 100 points - and a constant
band width - 50 points in this example. Any job classes falling into a
particular band of points would be considered to be of equal or comparable
value.
Because the definition of the bands is not related to the value of any particular job class and because the bands have fixed boundaries, they are called fixed bands. The ones in this example are also of fixed width - they are all 50 points wide. Using band widths that increase as the point values
rise is another approach. For example, some comparison systems have point
scales for each factor in which the increments in points get larger as
the levels increase (for example, 100, 115, 132, 152, 175, 200, 230).
This scale increases by about 15% per step. It would be logical to have
point bands that increase by 15% for the totals of evaluation points this
system produces. These would still be fixed bands, although they vary
in width, because the boundaries between the bands are pre-determined. Deciding Where to Start Fixed Bands As with the width of bands, there are no rules about where fixed bands should start. Some possibilities are:
Floating Bands Floating bands start from a reference point, plus or minus a certain number of points. In this case, the value of each female job class is a reference point. For example, if a female job class has 178 points and the floating band width is 50 points (plus or minus 25 points), job classes of equal or comparable value will be from 153 points (178 - 25) to 203 points (178 + 25). Alternatively, floating bands can be a percentage of the number of points of the female job class, for example, plus or minus 15%. In this case, the female job class with 178 points would have job classes of equal or comparable value from 151 points (178 x 0.85) to 205 points (178 x 1.15). It is preferable to have floating bands that start at some meaningful or logical point and follow some consistent pattern. Consider the Intent of the Act In deciding or negotiating point bands, keep in mind the intent of the Act: to redress gender discrimination in the compensation of employees in female job classes. One sign of gender bias in the banding of job classes may be where female job classes consistently fall at the top of bands and male job classes at the bottom, with the effect of consistently comparing the job rates of female job classes to the job rates of male job classes of lower value. In this case, band boundaries may need to be adjusted so that job classes of equal or comparable value are more accurately reflected. Relevant sections in the Act
ReferencesPay Equity Implementation Series (Revised) - Pay Equity Implementation Series (Revised) - Pay Equity Implementation Series (Revised) - Barrie Public Library Board (1991), 2 P.E.R. 93 Step by Step to Pay Equity: Volume 3 - Using the Proportional Value Comparison Method, Pay Equity Commission, 1993 For more informationWe are here to help. We can answer your questions by e-mail at pecinfo.pecinfo@ontario.ca or by phone at (416) 314-1896, or toll-free at 1-800-387-8813. You can also register for a free seminar. All communications are confidential. |
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The Pay Equity CommissionThis fact sheet is for information only, and is not intended to restrict Review Officers or the Pay Equity Hearings Tribunal in their determination of matters. Refer to the Pay Equity Act for exact interpretation. ISBN: 0-7794-9717-1 |