TERMS OF REFERENCE
National Union-Management Consultation Committee (NUMCC)
PREAMBLE
- The parties agree to respect the guiding principles outlined in the Transport Canada (TC) Union-Management Consultation Framework.
- TC is committed to meaningful and ongoing consultations with bargaining agents. This should be a medium for open and free exchange of information between management and bargaining agents.
- Consultation is designed to encourage and strengthen the harmonious relationship between TC and the bargaining agents.
- In principle, this forum will focus on TC department-wide issues, programs, initiatives and policies affecting most if not all bargaining agents. For those issues, programs, initiatives and policies that affect only one bargaining agent, a separate consultation meeting with appropriate senior officials will be held on an as required basis.
- This forum should not be used to deal with local, regional or other issues for which another forum exists if these have not, in a first instance, been addressed at the appropriate forum or level. This forum can however address these issues if these are unresolved at the appropriate forum or level.
- Matters for which other formal channels have been established (i.e. OSH, NJC) must normally be addressed in that foray.
- Specific grievances, complaints and cases are to be dealt with through the appropriate redress mechanisms outside the NUMCC forum. Although some grievance issues may be discussed in a generic way if such discussions provide a means to identify trends or underlying causes, the confidentiality of individuals cannot be breached.
- The Committee functions in a consultative capacity. To consult does not imply unanimous or majority agreement.
COMPOSITION OF THE COMMITTEE
Co-chairs: The Deputy Minister and a Bargaining Agent representative as determined by the Bargaining Agents.
Secretariat: To be provided by the Chief, Labour Relations. In the absence of the Chief, a member of the Corporate Labour Relations unit will act as Secretary.
Union Representatives (one national representative of):
* Note: 2 seats to be allocated to the Bargaining Agent elected as Co-chair of the NUMCC.
- Union of Canadian Transportation Employees (UCTE-PSAC)
- Canadian Federal Pilots Association (CFPA) Professional Institute of the Public Service of Canada (PIPSC)
- Canadian Association of Professional Employees (CAPE)
- Association of Public Service Financial Administrators (APSFA) International
- Brotherhood of Electrical Workers, Local 2228 (IBEW)
- Canadian Air Traffic Control Association (CATCA)
** Where an employee of Transport Canada is a bargaining agent representative, he/she acts as the national representative for their bargaining agent at the NUMCC.
Management Representatives:
- TMX Members
- Director General, Human Resources (ex-officio)
- Director, Labour Relations, Compensation and OSH (ex-officio)
Note: A party may invite another individual to attend in order to make a presentation, provide advice or provide technical assistance. Given the number of participants on this Committee, observers will normally not be permitted. However, the use of substitutes or alternates should be kept to the minimum as stability in participation is part of the commitment made and will serve to ensure continuity of relationships and issue management. In such cases, the Secretary of the Committee must be advised in advance of the meeting.
PROCEDURAL FRAMEWORK
Meeting frequency, location and cost:
- The Committee will meet on a quarterly basis in March, June, September and December and on an ad hoc basis if required. The meeting duration will be 2 hours in order reflect the time required to ensure completion of the agenda. Meetings should not normally be postponed. However, should this occur, the parties are still committed to meet at a date and time jointly agreed to.
- These meetings will take place on the employer’s premises in the NCR and during working hours.
- TC employees acting as bargaining agent representatives or who are invited as guests will be given reasonable time with pay to attend and prepare for these meetings and to carry out follow-up actions. Should there be associated costs for these employees, these will be paid by the Department. Other requests for cost-sharing will be considered on a case by case basis.
- In all cases, collective agreement provisions and/or applicable terms and conditions of employment regarding travel time and leave for union business will be respected for TC employees with prior approval from management.
Agenda items:
- The parties have agreed to a Forward Agenda process to track and plan future discussions at NUMCC (Reference Annex B).
- The Secretary will send a call letter for agenda items to the Bargaining Agents and management representatives six (6) week before the meeting. Agenda items will be submitted to the Secretary no later than twenty (20) working days before the meeting. Urgent agenda items may be placed on the agenda up to and at the beginning of the meeting as agreed to by the Co-chairs.
- An explanatory note or attachments must be included to permit the Co-Chairs to prepare for the meeting. (Reference Annex A) * This will be on a trial basis for one year after which the parties will re-evaluate the necessity for this template. *
- Once reviewed and agreed to by the Co-Chairs, the agenda will be sent to all parties no later than five (5) working days before the scheduled meeting.
- Where a bargaining agent submits an agenda item, it is the bargaining agent who will be responsible for presenting the item and the agenda will reflect accordingly.
Record of Meetings:
- The Secretary will prepare a written summary of meetings including items discussed, action taken and/or recommendations made. The summary shall reflect the comments of both Transport Canada and the Bargaining Agents. Where a decision is made, this will be reflected in the record. Should one of the parties request inclusion of a comment/position, this will also form part of the decision record.
- The Secretary will send the summary within 4 weeks following the meeting to the Co-Chairs. The Co-Chairs will review the record of decision, sign and forward to the Secretary for distribution to all committee members.
- The Bargaining Agents will be responsible for the distribution of this document to their respective principles at local, regional and national levels.
- A copy of this record will subsequently be posted on HR On-line.
Language:
- All documents distributed must be in both official languages.
- Participants have the right to express themselves in the language of their choice.
Quorum:
- There will be a requirement to have at least 3 of the 7 bargaining agents and 10 of the 19 management representatives including the Deputy Minister or Associate Deputy Minister available for the meeting, otherwise, the meeting will be cancelled and/or rescheduled.
- While the favored approach is to make decisions based on consensus, it may be necessary at times to proceed by way of a voting process. In such cases, management will identify an equal number of management representatives to an equal number of bargaining agent representatives. Management representatives must include the Deputy Minister and or his/her delegate.
Sub-Committees:
- Where the parties agree, sub-committees composed of both Management and Bargaining Agents may be established to carry out detailed investigation/review of issues or problems and make recommendations to the NUMCC for resolution.
Amendments:
Changes to this document must be proposed and endorsed by participants of this Committee.
References:
- TC Union-Management Framework
- The Public Service Labour Relations Act, Section 8
- TBS Directive concerning Labour-Management Consultation Committees