Facts
The Swiss Professional Association of Nurses and three individuals have filed a constitutional complaint with the Federal Court against the placement of the positions "Certified Nurse DN II" and "Certified Nurse with Three-Year Training AKP, Psy. KP, KWS" in Salary Grade 15 in the Canton of Bern. They argue that this placement constitutes a violation of the right to equal pay for equal work (Art. 4 para. 2 sentence 3 Federal Constitution), as the positions should actually be placed in the higher Salary Grade 17 based on the job evaluation.
Considerations
The Federal Court dismisses the complaint. It finds that the Canton of Bern did not violate the principle of equal pay when placing the positions in Salary Grade 15. The reasoning of the Cantonal Government, according to which the assessed key position 302 (Regula Brassel, Certified Nurse AKP) cannot be used as a reference for a "normal" nurse with basic training due to the special requirements in a specialized area (oncology), is deemed to be factually justified. The Cantonal Government was also allowed to consider the salaries paid in other cantons when making the placement, as long as it did not significantly underpay a typical…