The Yukon Supreme Court has been asked to rule on labour negotiations between the City of Whitehorse and the union representing its firefighters.

On Wednesday, city officials filed for a judicial review of the April 6 arbitration decision over contract negotiations with the firefighters' union, the International Association of Fire Fighters local 2217.

The two parties went to arbitration late last year after talks broke down. The matter was heard last November.

"The arbitrator's decision takes into account firefighters' wages from other jurisdictions, which we feel is in direct contravention of the Yukon Human Rights Act as well as the city's policy of equal pay for equal work,” city manager Dennis Shewfelt said in a statement released late Wednesday afternoon.

"In order to gain clarity in this situation, the city has filed for a judicial review of the arbitration decision.”

Speaking to the Star this morning, Shewfelt argued the arbitrators' decision didn't consider the Yukon Human Rights Act. That legislation requires the city to provide its workers with equal pay for equal work, or the city's own policy on that which sets out the guidelines for equal pay.

That policy, he explained, outlines 10 different factors which are scored. Positions throughout the city are paid based on that overall score.

Some of the factors include education level, work experience, working conditions, risk of error, mental fatigue, physical strain and others.

"Every position is reviewed against these 10 factors,” he said.

Under that policy, a firefighter, he pointed out, may have the same pay as any other position in the city, and under the Yukon Human Rights Act, the city must provide that equal pay for equal work.

However, the decision by the arbitrator ruled the city had to pay firefighters based on the pay firefighters receive in other jurisdictions.

"We feel the Yukon Human Rights Act is very clear: that if the city agrees to increase the compensation in one employee area, it must accordingly be prepared to offer a proportionate increase to all other areas,” Shewfelt said.

"Simply put, if the city were to implement the arbitrator's decision, we would have to completely readjust the city's pay scale, which would be fiscally irresponsible and place a significant burden on municipal taxpayers.”

While the significant increase to city salaries and the impact that could have on city taxes is one issue, Shewfelt commented, the more important matter is the human rights act.

"It's about the legislation,” he said.

The pay equity provision of the Yukon Human Rights Act was introduced more than 20 years ago, in 1987. The city's policy to provide equal pay for equal work was developed shortly after that decision.

Within the application for the judicial review, the city also seeks a stay on implementing the increases proposed in the arbitration decision.

Shewfelt noted the increases are all of varying decrees for varying positions – firefighters, training officers and so on – over a two-year period. There's also a variety of pay ranges for the fire department's 24 employees.

"It's not a simple percentage (increase) at all,” Shewfelt said when asked for the pay scales and ranges of firefighters expressed in dollars per year.

Annually, the city spends about $22 million on salaries and benefits.

The firefighters' union now has seven days to make an appearance on the file, which essentially states that it will be there for the case.

After that, a case management hearing will be held, which Shewfelt said is expected to happen in June.

Having just filed the action Wednesday, Shewfelt said, it's unknown when the matter may be heard in court.