1. Terms of Reference
Industry Canada (IC) and the bargaining agents are committed to fostering a collaborative relationship and recognize the value of effective labour-management consultation.
The National Labour-Management Consultation Committee will function in accordance with these Terms of Reference.
2. Guiding Principles
The parties to this agreement believe that an effective relationship is based upon equality of the parties within the consultation process, mutual trust and respect.
Furthermore, we will be constructive and courteous in our dealings with each other and we will be guided by the values that are consistent with the Values and Ethics Code for the Public Service.
Consultation is a process for seeking and providing information and advice, exchanging views, and discussing issues in order to address or resolve them, in an atmosphere of mutual respect and trust.
To be effective, consultation must occur prior to decisions being taken. The Parties need to take part in the planning, identification of options, analysis of the situation and develop recommendations for specific actions. This allows each party to understand the full implications of decisions and actions on their legitimate interests.
Matters for which other formal channels have been established (e.g., Occupational Health and Safety, National Joint Council matters, etc.) must normally be addressed in those fora; and issues relating to an individual such as a grievance case must not be discussed in a way that would breach confidentiality.
Consultation does not remove management’s authority and obligation to manage, or the legal rights of unions as established by applicable Acts, regulations and collective agreements.
The parties agree that the objective is to communicate freely and to resolve problems through consensus.
The NLMCC meetings will be held on the employer’s premises and scheduled during regular working hours at a time determined by mutual agreement of the Co-Chairs.
The NLMCC can direct the establishment of subcommittees to address specific issues and/or strategies.
3. Composition of the NLMCC
The meetings will be co-chaired by the Deputy Minister of Industry Canada (or his/her designate) and a labour representative (as determined by the bargaining agents).
The Co-Chairs will strive to have equal representation of members from management and from labour.
The Co-Chairs may, by mutual consent, invite specialists/guests for the purpose of discussing and/or presenting agenda items, providing advice or information.
4. Agenda Items
The Labour and Management Co-Chairs will jointly establish the agenda items. Agenda items and all related material will be submitted to the Management and the Labour Co-Chairs no later than 10 working days prior to the scheduled NLMCC meeting. Late agenda items may only be added with the mutual consent of the Co-Chairs. The agenda will be circulated, no later than 5 working days prior to the meeting. The Management Co-Chair will be responsible for preparing and distributing the material.
All agenda items must be accompanied by a description of the issue(s) to be discussed, including background, options and recommendations, as applicable.
Agenda items may not be issues that are subject to a formal complaint mechanisms (e.g. grievance, complaint, appeal, etc); however, the policies and/or procedures from which they derive may be subject to consultation.
Prior to tabling a sector or regional issue at the NLMCC, every effort must be made to resolve the issue through the resolution process described in Annex A.
5. Frequency of Meetings
Regular face-to-face meetings of the NLMCC will be held at least once per fiscal year at the call of the Co-Chairs. The frequency of the meetings may be altered and ad hoc NLMCC meetings may be called by mutual consent of the co-chairs.
Participation of the Union Representatives will be subject to the guidelines described in Annex B.
6. Minutes of Meetings
Draft bilingual minutes of each meeting will be prepared and distributed by Management within 20 working days of the meeting. The Co-Chairs will be given 10 working days to review and comment on the draft minutes. Once the final minutes are approved by the Co-Chairs of the committee, they will be posted on the Industry Canada Human Resources Branch/ Labour Management Consultation web site. A copy will also be sent by the Management Co-Chair to the Committee members and a copy of the minutes will be retained on file by the Management Co-Chair for a period of two years.
7. Amendments
The parties agree that these Terms of Reference are not intended to be restrictive and may be amended by mutual consent of the parties from time to time, as required.
8. Signatories
Co-Chair
Senior Associate Deputy Minister and Management Co-Chair Labour Representative and Labour Co-Chair.
Management Representatives:
- Senior Associate Deputy MinisterAssistant Deputy Minister - Policy Sector
- Assistant Deputy Minister - Industry Sector
- Director General - Human Resources Branch
- CEO - Canadian Intellectual Property Office
Labour Representatives:
- Public Service Alliance of Canada
- Professional Institute of the Public Service of Canada
- Canadian Association of Professional Employees
- Association of Canadian Financial Officers,
- International Brotherhood of Electrical Workers Annex A
Annex A
Resolution Process
Consultation is not meant to replace problem-solving between union and management at the sector/regional levels. Both parties will make every reasonable effort to resolve issues at the lowest possible level through informal resolution processes.
The types of issues that can be forwarded to the National Labour Management Consultation Committee must pertain to a workplace issue, policy or practice as opposed to an individual concern.
For example, where the issue:
- is not the subject of a grievance or other formal process,
- could not be resolved at the sector/regional level,
- affects more than one sector/region
- is beyond the scope of the sector/regional committee
it may be referred to the National Labour Management Consultation Committee (NLMCC) for consultation.
The national committee will discuss the issue and provide direction on the appropriate avenue to pursue. This could include the national committee addressing the issue directly, referring the issue to a sub-committee or other options. Annex B
Annex B
Guidelines for Union Participation
The National Labour Management Consultation Committee (NLMCC) meetings will be held on the departments premises and at time and reasonable preparation time for these meetings will be provided on the employer’s time. In addition, time spent in sub-committees and/or working groups of the NLMCC will also be provided on the employer’s time.
As much as possible, NLMCC meetings will be held face-to-face. If an organization does not have the resources for the representative to attend, support may be needed to assure their participation. This could include, at the employer’s discretion, covering travel costs associated with meeting. However, various avenues must be explored to avoid incurring additional costs on the department, where possible, such as finding local representatives, participating by teleconference or other means. In the event that travel costs are covered, collective agreement provisions and/or applicable terms and conditions of employment regarding travel-time and leave for union business must be respected.
Management are responsible for ensuring that managers are advised of the dates of the NLMCC and the participants. As applicable, union representatives are responsible for advising their immediate supervisors of their participation in scheduled NLMCCs, preparatory meetings and any sub-committee meetings.
Labour committee members and guests shall be protected against any loss of pay by reason of participation in these workplace consultations and be guaranteed that their individual relations with the Department shall not be affected by any actions taken by them in good faith.
Signatories
