Canada
TABLE OF CONTENTS
INTRODUCTION
GUIDING PRINCIPLES
Improving Governance
Commitment
Accountability
Scheduling
Agenda Management
Minutes
Supporting the process
Training
Orientation
Employer Facilities
Time and Costs
Increasing Monitoring
Tracking System
Monitoring/Review
Improving Communications
Website
Communications
Environment Canada (EC) LMCC
Human Resources (HR) LMCC
Branch LMCC
Regional LMCC
Local LMCC
Combined Regional/Local LMCC
SIGNATURES
ANNEX A
ANNEX B
ANNEX C
INTRODUCTION
Management and union representatives at Environment Canada (EC) are committed to maintaining and improving labour-management consultation as a means to improve the working conditions of all employees of Environment Canada. Consultation is a process for seeking and providing information and advice, exchanging views, and discussing issues at the level (e.g., local, branch, regional or national) that is appropriate to addressing and/ or resolving issues in an atmosphere of mutual respect and trust. Consultation is essential in building relationships; it is an on-going process not limited to formal meetings between the parties.
GUIDING PRINCIPLES
The labour-management consultation process within Environment Canada will be guided by the following principles:
- Utilizing the principle of early engagement.
- Recognizing and respecting each other's roles, interests and accountabilities.
- Communicating with each other in ways that promote common understanding, effective problem solving and continued enhanced relationships.
- Working to earn and sustain trust.
- Using a collaborative approach to problem solving and decision making.
- Honouring the agreements we reach.
- Giving each other the benefit of the doubt.
This framework is structured around four (4) themes:
- Improving governance
- Supporting the process
- Increasing monitoring
- Improving communications
Improving Governance
Commitment
The Deputy Minister, the Branch Heads, and the Union Representatives commit themselves to being leaders for labour-management consultation and to demonstrating their interest and support for consultation on an ongoing basis.
Management will involve the union representatives early in the discussions and/ or development of, or changes to, a policy or an operational initiative that may affect the working conditions of employees.
Management encourages the active participation of employees who are union representatives in the labour-management consultation process.
The Treasury Board definition of consultation (see Annex B) will be used by all EC labour-management consultation committees (LMCC).
Accountability
To ensure the effectiveness of LMCC's, Union and management representatives must be accountable for the effectiveness of the process and have the authority to make decisions within their respective jurisdiction on the matters that are brought forward.
Depending on the topic and the impact, the subject will be tabled at the appropriate level of LMCC for either consultation or information-sharing. As a principle issues will be raised at the lowest level possible.
The various consultation committees have no authority to amend the provisions of the collective agreements or other regulations affecting employees' terms and conditions of employment.
Scheduling
Local, regional, branch and national LMCC meetings will be scheduled and in a sequence which allows each level to feed into the next. When possible, meetings will be scheduled in consultation with all parties and in a manner that will facilitate planning and full participation.
Informal consultation meetings are strongly encouraged and may be convened at all levels on an as-required basis to discuss and resolve emerging issues in a timely fashion.
Agenda Management
The process of establishing the agenda is intended to be collaborative and consultative and liaison may be required to ensure:
- Resolution of the issue(s) has been attempted at the appropriate management level,
- The correct forum (Local, Regional, Branch or National) is proposed for the issue (subject and/ or authority),
- Issues relating to an individual such as grievance cases must not be discussed in a way that would breach confidentiality.
- determine who should participate,
- ensure that adequate research on all items is done prior to the meeting,
- guarantee efficient use of everyone's time spent, and
- ensure the effectiveness of all meetings.
Prior to the LMCC meeting, the secretary will send an email proposing follow-up agenda items as per the tracking tool (page 7) and requesting new agenda items to be provided within a specific deadline. Both parties commit to providing issues and context, within the allotted timeframe, on every item being brought forward for the agenda of regular LMCC meetings (see Annex C for mapping of issues). This will allow enough time to prepare the agenda and seek input from appropriate individuals. In addition, it will allow the secretary to secure the presence of the appropriate individuals.
When the context on issues is not provided prior to the meeting and when last-minute items or emergency issues are brought forward at the meeting, it is understood by both parties that the right people may not be able to attend the meeting and that some further research may be required after the meeting before a full response can be provided.
The secretary will endeavour to send out the final agenda two (2) weeks prior to the meeting and background information within one (1) week prior to the meeting. This will allow members sufficient time to read, prepare themselves and seek input from colleagues, if needed.
Secretarial support will be provided by the employer (i.e. LMCC Chair or Co-Chair EA/ AA).
Minutes
The secretary will prepare the draft minutes in a timely fashion. Issues discussed, decisions or follow-up actions and consensus or disagreement by the parties should be reflected in the minutes. These will be distributed to all committee members for comments and approval. The approved minutes will be distributed to all members and can be posted on EC's Labour Relations website. Each LMCC is to determine the best method to communicate minutes/ decisions of LMCC meetings to their respective organization (e.g., branch, region, worksites.)
Supporting the process
Training
All LMCCs will identify on a yearly basis the committee's training needs and develop mandatory training, for joint participation wherever possible, in the following areas and others as required:
- labour-management consultation and framework,
- negotiating,
- conflict management,
- understanding the collective agreement,
- policies on preventing violence in the workplace and harassment,
- other areas, as required.
This training will be supported by the Joint Learning Program, to the extent possible. Management and union representatives accept the responsibility to provide assistance and education to their new representatives to ensure effective and efficient functioning of these committees.
Orientation
For new employees joining Environment Canada, union information as well as information in regards to the labour-management consultation process is included in the Labour Relations section of the Departmental Orientation Guide for Employees
Employer Facilities
Management will allow the use of employer facilities for fulfillment of the union representative's responsibilities (e.g. meeting rooms, e-mail access, etc.) under the terms of current departmental and/ or Treasury Board policies as well as in accordance with collective agreements.
Time and Costs
Where relevant, the applicable provisions of the collective agreements will be followed. In all other situations, the Guidelines on Time and Cost Associated with Union Management Consultation will be referenced.
Increasing Monitoring
Tracking System
HRB will ensure that there is adequate tracking to track action items at all levels of the framework. The intent will be to track all action items, facilitate the movement of items between levels and to keep them updated so everyone can easily see its flow through the structure and the final outcome.
Each LMCC will be accountable for the maintenance of their information in regards to: minutes, decisions/ actions and follow up.
Monitoring/Review
Management and union representatives will be jointly responsible for the effectiveness of the consultation process. It is recommended that all levels of LMCC undertake yearly evaluations of their process to ensure efficient use of the framework. This evaluation can be done differently and can be as simple as jointly completing the "Checklist for a Successful LMCC" under Annex A.
Improving Communications
Website
The following website contains information related to LMCCs in Environment Canada and it can be accessed by all EC employees.
http://intranet.ec.gc.ca/hr-rh/default.asp?lang=En&n=EFF4269B-1
Communications
All parties commit to:
- broad communication of LMCC discussions and decisions,
- open and respectful communication between management and union to resolve issues,
- the proactive use of bilateral (labour-management) informal meetings when and as needed.
COMMITTEES
Although a core group of representatives is identified below, other participants including union officials and staff, senior managers, etc. may be invited, depending on the agenda, to ensure adequate representation at the LMCC meetings. When a guest is invited, the chair will be informed prior to the meeting.
All LMCC's can establish sub-committees where it is determined that a subject requires in-depth study.
Environment Canada (EC) LMCC
Membership:
from management
Deputy Minister (Chair)
Associate Deputy Minister
Assistant Deputy Minister (ADM), Human Resources Branch
ADM, Finance Branch
ADM, Strategic Policy Branch
ADM, Environmental Stewardship Branch
ADM, Science and Technology Branch
ADM, Meteorological Services of Canada
ADM, Corporate Services Branch and Chief Information Officer
Chief Enforcement Officer
Director General, Communications
from the unions
President, National Consultation Team, Professional Institute of the Public Service of Canada (PIPSC) or delegate
Vice-President, National Consultation Team, PIPSC or delegate
President, Union of Environment Workers (UEW), Component of the Public Service Alliance of Canada (PSAC) and/ or delegate
President, Canadian Association of Professional Employees (CAPE) and/ or delegate
President, Association of Canadian Financial Officers (ACFO) and/ or delegate
President, International Brotherhood of Electrical Workers (IBEW) and/ or delegate
Frequency: The Committee meets twice a year, normally during the months of June and December. Additional meetings may be called by the chair or at the request of a union representative.
Human Resources (HR) LMCC
Membership: -ADM, HRB and excluded members from the management team -National union representatives
Chair: ADM, HRB is the designated chair
Frequency: a minimum of 2 times per year with the option of deferring or adding meetings as required
Branch LMCC
Membership: -Branch Head and excluded members from the management team -National union representatives or delegate
Chair: ADM is the designated chair with flexibility to name a union cochair, if so desired
Frequency: a minimum of 2 times per year with the option of deferring or adding meetings as required
Regional LMCC
Membership: -Regional Director General (RDG)/ Associate Regional Director General (ARDG), Regional Directors (RD) and excluded members from the management team (will endeavour to have representation from all branches)
-Regional and local union representatives
Chair: RDG/ ARDG is the designated chair with flexibility to name a union co-chair, if so desired
Frequency: a minimum of 2 times per year with the option of deferring or adding meetings as required
Local LMCC
Membership: -Excluded managers -Local union representatives
Chair: Co-chaired by union and management representatives
Frequency: a minimum of 2 times per year with the option of deferring or adding meetings as required
Combined Regional/Local LMCC
In those instances where it makes sense to do so and there is agreement between the RDG/ ARDG and regional and local union representatives, the regional and local LMCCs may be combined as a means of fostering efficiency and effectiveness. It is understood that where there are combined Regional/Local LMCCs, the combined committee may decide to hold ad-hoc Local LMCCs to address specific local issues.
Membership: -Regional Director General (RDG)/ Associate Regional Director General (ARDG), Regional Directors (RD) and excluded members from the management team (will endeavour to have representation from all branches and locals)
-Regional and local union representatives
Chair: RDG/ ARDG is the designated chair with flexibility to name a union co-chair, if so desired
Frequency: a minimum of 2 times per year with the option of deferring or adding meetings as required
SIGNATURES
ANNEX A
Checklist for a Successful LMCC
- The Terms of Reference or Framework are up-to-date and all LMCC members have a copy.
- New members to the LMCC receive an orientation on the Committee and its work.
- Resolution of the issues has been attempted at the lowest level possible.
- Agendas are developed jointly (management and union) and shared beforehand along with the background information, when possible, to allow both sides to prepare for the meetings.
- Agenda items are managed between Management and Union representatives, in such a manner that they are submitted to the right committee/ decision making authority level (local / regional / branch / national).
- Individuals with decision making authority are at the table and are committed to regular attendance.
- Management and union representatives participate equally in the meetings.
- Global issues are discussed rather than individual cases.
- Meetings are held regularly and the schedule is determined well in advance to maximize participation.
- Minutes agreed to by the parties are issued in a timely fashion.
- An LMCC tracking tool at the departmental level is in place to ensure that all items are actioned and that future items are recorded.
- A process is in place to ensure staff/ members are aware of the LMCC and its activities.
ANNEX B
Treasury Board Definition of Consultation
Consultation is a process for seeking and providing information and advice, exchanging views, and discussing issues, at a level (e.g., national, regional, local, or specific occupational group) appropriate to addressing and/ or resolving issues, in an atmosphere of mutual respect and trust. To be effective, the process must be based on an honest and open commitment, by both parties, to the sharing of information and to listening to each other's opinions, observations, and recommendations, prior to decisions being taken. This allows each party to understand the full implications of decisions and actions on their legitimate interests. However, some limitations must be respected. They include:
- The rights of management and the bargaining agent must not be compromised, encroached upon, or diminished;
- The provisions of collective agreements and statutes, and their intent, must be adhered to;
- Matters for which other formal channels have been established (e.g., Occupational Health or Safety, National Joint Council matters) must normally be addressed in those fora; and
- Issues relating to an individual such as grievance cases must not be discussed in a way that would breach confidentiality. Note: Grievance cases may be discussed in a generic way if such discussions provide a means to identify trends or underlying causes that would help in resolving the problem.
As a general rule, matters should be discussed at a level (e.g., national, regional, local, sectorial or specific occupational group) appropriate to the resolution of the issue or the problem. In some cases it is helpful to discuss matters that are being addressed in depth at a different level. For example:
- To provide information on the matter;
- To explain or define the application of a policy related to the matter;
- To discuss problems related to the matter with a view to reducing tension and promoting understanding between the parties concerned; and
- To communicate information when appropriate to other levels of management.
LMCC representatives throughout the organization should ensure they have a common understanding of this approach prior to addressing issues. This can include discussing the process or joint training.
TBS Policy on Meeting location, time and costs
Committee meetings should be held on the employer's premises and at times determined by mutual agreement of the parties. Meetings should be scheduled during working hours. Some participants may not have the resources or information required to participate and financial assistance or other support may be needed for their representation to be assured. This could include leave with pay for preparation or follow-up from the meeting and travel costs associated with meeting. In all cases, collective agreement provisions and/ or applicable terms and conditions of employment regarding travel-time and leave for union business must be adhered to. Representatives on the committee or other employees who are invited guests shall be protected against any loss of regular pay due to attendance at meetings.
LMCC members should be permitted to remotely attend through teleconference.
Meetings must be conducted in accordance with the Treasury Board Official Languages policy.
ANNEX C
Mapping of Issues
Following is a list of all LMCC levels and the items that should be addressed at each forum:
Local
- All issues that are specific to a local.
Regional and Combined Regional- Local
- All issues that are specific to a region.
- All issues that were not resolved at the local level.
Branch
- All issues that are specific to a branch and that are national in scope.
- All issues that were not resolved at the local or regional level
Human Resources (HRLMCC)
- All issues that are specific to human resources and that are national in scope.
- All issues that were not resolved at the local, branch or regional level.
National (ECLMCC)
- All issues that are national in scope.
- All issues that were not resolved at the local,branch, regional or HR level.