Does inequality of bargaining strength justify any difference in job rates?
12. In paragraph 19 of her affidavit Atkinson asserts that any differences in compensation between the female job classes in the plan and their male comparators who perform bargaining unit work is attributable to a difference in bargaining strength and is permissible pursuant to ss.8(2) of the Act. This assertion is elaborated upon in subsequent paragraphs and then summarized as follows in paragraph 22: There is a significant difference in bargaining strength between the CEP [bargaining unit from which the male comparators were drawn] and the Group [non-union employees], because of the significant monetary loss to Phillips if there is a disruption to the work done by the CEP employees relative to insignificant consequence to Phillips if there is a disruption to the work done by the Group. 13. Subsection 8(2) of the Act provides: After pay equity has been achieved in an establishment, this Act does not apply so as to prevent differences in compensation between a female job class and a m
