General Secretary's Annual Report 2001-2002

Publications

Dear Members:

By most reports, the NJC Annual Seminar held in Bromont in September 2001 was the most successful of its kind in recent years.  In formal sessions and in the corridors outside, union and management representatives from across the country joined in a lively exchange of views across a wide range of issues.  Delegates particularly appreciated the opportunity to discuss reform of the labour relations system during a day-long session with the Task Force on Modernization of Human Resources Management.  That evening, a major address by President of the Treasury Board Lucienne Robillard strongly reinforced the value of union-management collaboration and praised the example set by the parties working within the National Joint Council.

All of this was set against the most chilling of backdrops ---- the attacks of September 11^th, just one day before the seminar opened.  Throughout the gathering, energies and emotions were drawn again and again to the shocking imagery of destruction in the world outside.  And yet, the work went forward and the objectives of the seminar were more than amply met.

In many ways, the Bromont experience epitomizes for me the continuing reality of the National Joint Council.  It so often seems surrounded by difficulties, buffeted by external developments and required to adjust to problems over which it has little or no direct control.  But it does somehow produce a record of achievement, due largely to the energy and commitment of the representatives who populate its processes.

The last year has been no exception.  Once again, much has been accomplished or is well underway:

• completion of two-year review resulting in a modernized Travel Directive to take effect October 1, 2002
• completion of Phase 2 of review of Foreign Service Directives with changes effective June 1, 2002
• resolution of issues and implementation of a new Isolated Posts and Government Housing Directive with reforms in place April 1, 2002 and August 1, 2003
• a new Work Force Adjustment Directive (December 6, 2001) for 13 (of 18) NJC bargaining agents
• consultations with the Quail Task Force on HR Modernization (September conference in Bromont, Québec; subsequent special meetings with bargaining agent heads)
• codevelopment of a governance model for a new compensation research function and collaboration on a detailed compensation research pilot project with Statistics Canada
• improvement in the lines of communications with the Public Service Health Care Plan Trust as a prelude to eventual renegotiation of plan
• sponsorship of a successful learning event in Toronto on employment equity and the "duty to accommodate" for persons with disabilities
• launch of a new Communications Committee to develop and implement a comprehensive communications strategy ---  including a new approach to "branding" NJC directives
• marketing of a  new Framework for Joint Learning Initiatives codeveloped by the parties (JUELI)
• revised NJC annual and quarterly reporting procedures to provide better information to the parties
• initiation of a review to identify options for improving cyclical review processes

This record must, of course, be balanced against priority areas for 2001-02 where considerable work remained at the end of the reporting period.  In particular, the parties continue to struggle to clarify the role of the Service-Wide Policy Committee on Occupational Health and Safety.  This is an important new mandate for NJC for which there are high expections, as yet unrealized.  Representatives are also reviewing the terms of reference and annual reporting procedures for the Dental Care Plan Board of Management (NJC Part) and the Disability Insurance Plan Board of Management.  I have noted quite divergent views between the parties on how actively involved the two boards should be in the actual management of these plans.  In my view, it will be very important soon for the parties to develop a new consensus on how they wish to work together in supporting these important areas of health coverage.  It is also vital, I believe, that we continue and complete work to ensure transparency in methodologies used for the periodic revision of NJC rates and allowances, to improve our cyclical review processes, to increase the attractiveness of NJC to separate employers, and ---- yes ---- to stabilize the NJC Secretariat budget.

More troubling concerns and uncertainties lie outside.  During the past year, disputes in collective negotiations and among member bargaining agents have posed serious challenges to the ability of NJC to conduct its work.  I noted in my first report one year ago my concern that the viability of Council itself can be imperilled by events largely or completely unrelated to its own performance.  I feel this issue even more strongly today but understand at the same time that there is no easy solution.  Voluntary participation is a bedrock principle of the NJC.  As a result, the sands can and do shift from time to time.

Uncertainties about the Task Force on Modernization of Human Resources Management and the future shape of labour relations legislation may also affect the environment in which Council operates.  Opinions vary on how much or how little the National Joint Council will change in the months ahead.  Some observers suggest that much of the early energy generated by the strong Fryer Report endorsement of the NJC a year ago has since dissipated.  Whatever the case, I am convinced there remains in the complex world of public service labour relations general appreciation of the need for a variety of effective problem-solving mechanisms.  With or without legislative change, we need to continue to improve the NJC option and the co-development processes which it has pioneered so that parties choosing NJC can be assured that their issues and concerns will be well addressed.  To the extent that new legislation does alter the structure of NJC or expand its mandate, as much care will be required to preserve its tradition of joint control by the parties as creativity in finding new and more effective ways to accomplish its assigned tasks.

By way of summary, here are the questions which I believe will challenge NJC most in the year ahead:

• How will new HR legislation affect the structure and mandate of NJC?
• Will the scope of NJC codevelopment expand to include new subjects?
• Is NJC well positioned to contribute to HR modernization?
• Can we achieve consensus over the role of the Service-Wide Policy Committee on Occupational Health & Safety?
• How do we build stronger support among separate employers and attract new participants?
• How do we improve communications and better promote the value of NJC activities?
• Can we ensure that NJC remains effective when there are collective bargaining disputes or issues between unions?
• Will funding issues for NJC activities be resolved?

I greatly look forward to working with all parties in the search for answers.

Finally, allow me to express my sincerest appreciation to all members of Council, its committees, working groups and boards for the generous treatment they have accorded me throughout my first full year as General Secretary.  And, most of all, my warmest thanks go to the wonderful staff of the Secretariat who make the experience a pleasure.

Dan Butler

General Secretary

1.      NATIONAL JOINT COUNCIL

1.1             Achievements and Issues

Every year, the successes of the National Joint Council are most directly attributable to hard, day-to-day work on issues and problems in Council committees, working groups and boards of management.  Under the direction of the Executive Committee, the constituent bodies of NJC over the last twelve months tackled a wide range of subjects within mandates often notable for their complexity and difficulty.  A number of committees set precedents through new achievements; others continued important policy development and case-processing work; a few struggled to find their feet in the face of very substantial challenges.

The following is a synopsis of their work:

Communications Committee

• The Communications Committee is new this year to the National Joint Council.  Its creation is a response to the pressing need identified in the Yearly Planning Agenda for upgraded efforts to publicize the role of NJC among employees and managers, and to promote the value of Council's collaborative activities as an important contribution to HR modernization.  The Committee to date has developed key communications messages, refined elements of a comprehensive communications strategy and worked on ensuring that NJC is well recognized when its directives and other products are disseminated.  This, however, only scatches the surface of the problem.  Further progress depends in significant part on securing continuing resources for professional communications support and programs within the NJC Secretariat.

Foreign Service Directives Committee

• The Foreign Service Directives Committee in May received final approval for its second phase report modifying six directives with an effective date of July 1, 2002.  These changes build upon the first round modernization of many other directives as implemented in 2001.  More review work nevertheless lies ahead.  A number of proposals scheduled for phase 2 remain unresolved given the complexity and difficulty of the issues at hand.  Committee members are committed to finding solutions for these proposals and completing all remaining review work within the next year, including "tax-proofing" issues, streamlined wording and consideration of three new items which have recently been referred to it by the Executive Committee.

Government Travel Committee

• No committee of Council has had a fuller agenda than Government Travel ---- with its workload matched by an impressive record of achievement.  The Committee this year completed its landmark review of the Travel Directive.  The new provisions of the directive effective October 1, 2002 represent a fundamental rethinking and modernization in the approach to business travel in the public service.  The keystones of the new approach are flexibility and trust for employees.  The directive has been completely rewritten and reformatted, with improvements in many benefit areas.  By the end of the reporting period, the attention of the Committee shifted to an ambitious communications and implementation program which seeks to support the shift in culture necessary to ensure the success of the new directive.  Beyond hearing its usual steady stream of final level grievances, the Committee also now faces the considerable challenge of launching a review of the Relocation Directive in the same spirit of its work on Travel.

Isolated Posts and Government Housing Committee

• The past year was difficult but ultimately fruitful for the Isolated Posts and Government Housing Committee.  An initial version of a new directive introduced in fall 2000 after a full cyclical review had been withdrawn when new concerns were identified in a number of northern communities and among stakeholder groups.  Working closely with these affected constituencies over a number of months, members of the Committee were successful in developing improved approaches which subsequently received approval by Council.  The main result was a new vacation travel assistance package implemented April 1, 2002 and a new rent table for government housing which will take effect in the summer of 2003.

Joint Compensation Advisory Committee

• The Joint Compensation Advisory Committee has made very substantial progess over the last twelve months in advancing discussions about the shape of a future compensation research function for the public service.  Last fall, Executive Committee approval was secured for a critical document outlining a framework of principles for the governance of compensation research by representatives of the parties within the NJC process.  Immediately applying these principles, JCAC members proceeded to codevelop an agenda of short-term research projects, including an analytical compendium of collective agreement provisions which, once available in bilingual form, should prove a very useful resource for collective bargaining.  The core continuing work of the JCAC, however, is to codevelop an operational model and methodology for the conduct of compensation research projects over the longer term with Statistics Canada, the primary candidate agency to perform this work on behalf of the parties.

Joint Employment Equity Committee

• Over the course of the last year, the Joint Employment Equity Committee has followed closely developments in the parliamentary review of the Employment Equity Act while holding consultations on three major subjects:  In the context of the review of the Travel Directive, Committee members responded to a request from colleagues on the Government Travel Committee for assistance in ensuring that the content of the new directive poses no problems for employees in designated emploment equity groups.  The Public Service Commission also solicited input from JEEC, first on a document entitled Representativeness – an Integral Part of Merit, and in the development of the Policy on the Duty to Accommodate Persons with Disabilities in the Federal Public Service.  Discussions on the latter led JEEC to sponsor a highly successful forum in Toronto in May on the duty to accommodate persons with disabilities.  The forum was designed to increase awareness of the requirements and obligations stipulated in the new policy, to assist participants in learning how to implement the duty to accommodate, and to discuss how unions and employers can effectively address accommodation issues.

Joint Union Employer Learning Initiatives Working Group

• The Joint Union-Employer Learning Initiatives was established within NJC in January 2001 to consider joint union-management learning activities.  In September 2001, JUELI distributed a "Statement of Support" and a "Framework of Principles"  approved by Council to a broad range of public service organizations.  The objective of the documents was to provide a foundational framework to guide and facilitate discussions of joint union-management learning in the workplace.  In June 2002, JUELI distributed these documents once again to public service HR leaders in order to reinforce the value of collaborative learning activities.  As the reporting period closed, JUELI was developing a self-guided presentation package to provide departments and unions with needed materials, information, and tools in support of the framework.  JUELI expects to launch this presentation package in fall 2002.

Occupational Health and Safety Committee

• Through much of the year, the Occupational Health and Safety Committee was inactive as members waited for direction on the Committee's role and priorities from the new Service-Wide Policy Committee.  Toward the end of the reporting period, the Committee began the challenging task, at the request of the Executive Committee, of developing an approach for reviewing all eighteen existing NJC health and safety directives.  The aim of this review will be to determine how NJC standards should be modernized in light of changes over recent years to health and safety legislation and related regulations.

Official Languages Committee

• A renewal in the work of the Official Languages Committee is now underway.  In addition to hearing their first grievance in a number of years, Committee members reviewed with Treasury Board representatives progress on the employer's survey of employee perceptions and attitudes regarding official languages within the public service.  The Committee expects to be active in analyzing the results of this survey and in discussing resulting policy initiatives.  The issue of access to language training for bargaining agent representatives is also on the committee's agenda.

Service-Wide Policy Committee on Occupational Health and Safety

• The Service-Wide Policy Committee serves as the operational arm of the NJC Executive in the latter's role as central "policy committee" (section 134.1 of the Canada Labour Code) on health and safety issues within the jurisdiction of Treasury Board as employer.  These are new duties and functions for the National Joint Council.  Much work remains to find a consensus among the parties on how the service-wide policy mandate should be accomplished, and how it relates to the ongoing responsibilities of health and safety committees within departments.  At the end of the reporting period, discussions continued at the Executive Committee on fundamental mandate issues.  The task of putting the Service-Wide Policy Committee into operation has been complicated by the tragic death of Gary Dingledine, Treasury Board Assistant Secretary, who had assumed lead responsibility for the health and safety file and served as the Committee's organizing chair.

Union-Management Relations Committee

• The primary mandate of the Union Management Relations Committee continues to be the planning and conduct of the Council's annual seminar in September.  Seminar 2001 in Bromont, Québec received highly positive evaluations from participants, despite the pall cast on proceedings by the events of September 11^th.  Among other activities, the seminar gave participants a unique opportunity to provide direct input on labour relations issues to the Task Force on the Modernization of Human Resources Management.  Seminar 2002 in Toronto is scheduled to continue this process, with major emphasis to be given to modernization implementation issues and further discussions with senior Task Force leaders.

Work Force Adjustment Committee

• While a number of bargaining agents now negotiate work force adjustment issues directly at the collective bargaining table, the Work Force Adjustment Directive remains an NJC issue for the majority of union members of Council.   In September 2001, members of the WFA Committee launched a cyclical review of the provisions of the directive and were able through concentrated discussions over several months to reach a new agreement which took effect December 6, 2001.  The process was facilitated by an early consensus among committee representatives to harmonize and simplify workforce adjustment agreements in the jurisdiction as much as possible so as to ensure that all employees across the public service enjoy substantially the same rights and benefits.

Dental Care Plan Board of Management (NJC Part)

• In addition to its core workload considering claims from individual appellants (see Section 1.2 Table 2), members of the Dental Care Plan Board of Management launched two new projects during the year:  The first, conducted in co-operation with Great West Life as plan administrator, seeks to review annual reporting procedures to ensure that the parties are receiving the information they need to make necessary decisions about the plan in the future.  The second involves an examination of the Board of Management's terms of reference.  Both projects should be completed early in the next reporting period.

Disability Insurance Board of Management

• The experience of the Disability Insurance Board of Management closely mirrored that of the Dental Board.  The DI Board also initiated an assessment of its approach to annual reporting as well as of its existing terms of reference.  On the horizon is the possibility of more fundamental discussions of the status of the plan itself.  In June, Bargaining Agent Side representatives on the Executive Committee announced their interest in exploring with the employer the possibility of a trust arrangement for disability insurance in line with the Public Service Health Care Plan model.  The employer's initial response was pending at the end of the reporting period.

1.2       Grievances and Appeals

From August 2001 through July 2002, 43 new grievances were filed at the third level of the NJC process (i.e., to the Executive Committee).  This represents a doubling of the grievance case-load from the previous year, although the number of new cases remains significantly lower than the norm thoughout the five-year period from 1995 to 2000 (when referrals ranged from 67 to 172).  With several newly revised directives now in place or about to be implemented, it seems reasonable to expect that the number of grievances may rise again as the parties test new provisions in these authorities.  This may be particularly true in the case of the new Travel Directive effective October 1, 2002 where the nature and scope of changes are most pronounced.

Table 1 reports the disposition of grievances in the system in 2001-2002. With 26 grievances received late in the reporting period or held over from spring meetings, fall 2002 promises to be a very busy season for NJC working committees charged with the repsonsibility of hearing cases and recommending repsonses to the Executive Committee.

TABLE 1

GRIEVANCES AT THE THIRD LEVEL

OF THE NJC GRIEVANCE PROCEDURE

August 1, 2001 to July 31, 2002

Secretariat staff also support the appeals process before the Dental Care Plan Board of Management (NJC Part) and the Disability Insurance Board of Management. Effective organization of individual case submissions and preserving appellant confidentiality in the management of documents are important priorities for the NJC office. In the case of disability claims, the Secretariat contracts the services of a consultant with specialized medical knowledge to assist the responsible committee advisor in readying files for consideration by the Board.

During the reporting period, 57 new dental and 30 new disability claims files were opened.  For the Dental Care Plan Board, this represented a slight decrease in the last year. In the case of disability, the caseload closely parallels the previous year.  Although more disability and dental appeals were outstanding at the end of the period than at its outset, it was anticipated that the backlog would be rapidly reduced during fall 2002.

Table 2 tracks the disposition of active files before the Dental and Disability Boards during 2001-2002:

TABLE 2

APPEALS TO

DENTAL AND DISABILITY

BOARDS OF MANAGEMENT

Notes:   

1.  Claim with two parts one of which was upheld, the other denied

2.  Withdrawn following approval of benefits by administrator.

3.   Files closed because no claims existed.

2.      PUBLIC SERVICE COMMISSION ADVISORY COUNCIL

The Public Service Commission Advisory Council is a tripartite consultative body composed of representatives from bargaining agents, departments and agencies, and the Public Service Commission.  Established in 1999 and supported by the NJC Secretariat, it serves as an important vehicle for collaboration on strengthening the staffing system and for discussing other emerging human resources management issues.

The 2002 annual general meeting of Council was moved this year to June from December in an attempt to better position Council in the annual planning cycle of the Commission.  In future years, Council plans to schedule this event in closer proximity to the June quarterly meeting of the National Joint Council so as to encourage attendance of bargaining agents representatives from outside the National Capital Region.

The PSCAC Steering Committee co-ordinates the work of Council between annual meetings.  This year, the Steering Committee met six times to consider policy issues raised by the PSC and to manage and review the work of various constituent bodies.

Two working groups established in April 2001 completed their tasks early last fall:

Working Group on Merit

The Working Group on Merit was mandated to consider the definition of merit from a variety of perspectives, factoring in differing staffing regimes, demographic situations and employee values.  The working group was asked to assess "best qualified" as an operational criterion for merit against concepts of seniority; diversity; developmental potential; efficiency; fairness; equity; and transparency.  A report entitled "Merit in the Public Service" was submitted to the Steering Committee in August 2001 and forwarded in September to the Public Service Commission and to the Task Force on Modernization of Human Resources Management.

Working Group on Accountability

The Working Group on Accountability was tasked to examine the dynamics of a hypothetical resourcing system model where deputy ministers are held directly accountable to Parliament for staffing and recruitment.  Particular attention was focussed on the implications of such a model for oversight activities, for control over key entry points into the public service (e.g., entry to the Executive level), for the culture of human resources management and for non-partisanship.  The working group submitted its report entitled "A New Model of HRM Oversight and DM Accountability" to the Steering Committee in August 2001 which in turn shared the document with the PSC and the Quail Task Force in September.

Three new working groups were established by the Steering Committee during the year:

Working Group on Co-development

The Working Group on Co-development is studying the meaning of the term "codevelopment" , a concept receiving increasing attention in recent reports (e.g., the Fryer Report) and in discussions of the future shape of legislative reform.  The principal objective of this inquiry is to examine how a "codevelopment" approach might apply to staffing and other HRM issues in the public service.  Early energy has been devoted to reviewing literature on various co-determination options, to understanding Fryer Task Force recommendations on this subject, and to assessing comparative attributes of "co-development", "joint consultation", "collective bargaining" and "co-management" processes.  The working group hopes to make its first contribution to the debate by publishing a co-development lexicon to help the parties with basic definitional issues.

Working Group on Mobility II

The Working Group on Mobility II is mandated to study horizontal movement of employees between the core public service and separate employers and agencies.  The group has developed a case study table which summarizes various dimensions of mobility and identifies impediments to mobility associated with each of these dimensions.  As well, the working group is exploring opportunities for joint mobility research with the PSC Research Directorate in order to obtain more empirical evidence depicting the extent of the mobility problem in the federal public service.

Working Group on Pre-qualified Pools

This Working Group conducted an initial study to identify how recourse processes should operate where staffing is accomplished through the use of pre-qualified candidate pools.  Its report entitled "A Suggested Approach to the Establishment, Maintenance, and Review of a Pre-Qualified Pool" was submitted to, and accepted by the Steering Committee and the PSC in February 2002.  Since then, the working group has turned its attention to the task of monitoring PQP pilot projects and the ongoing implementation of the proposed recourse model in these projects.

The Steering Committee has also established two other sub-committees to assist it with special projects:

Sub-Committee on Learning Events

A Sub-Committee on Learning Events will identify opportunities to help Council members improve their understanding of important HRM issues and of HR modernization initiatives which lie ahead.  The first learning event was held in March and featured presentations on Transport Canada's pilot project on partially assessed staffing pools as well as the PSCAC's own approach to pre-qualified pool recourse.

Advisory Committee on Appointment Without Competition

The Advisory Committee is intended to oversee progress of a Commission pilot project on "Delegation to Deputy Heads of the Authority to Appoint without Competition from Outside the Public Service."  Composed of two representatives from the bargaining agents, from departments and from the PSC, the Committee will receive and review all pilot documentation and information, including pilot submissions from the various interested departments.

Website and Bulletin

The PSCAC Secretariat continues its efforts to upgrade the quality and timeliness of information on the PSCAC website (http://www.pscac-cccfp.gc.ca) for use by employees and managers across the public service.  Another recent innovation by the Secretariat is the launch of a bi-monthly newsletter entitled the "PSCAC Bulletin."  This initiative aims to provide Council members with additional, up-to-date information on HR issues as well as news about the progress of PSCAC working groups.  

3.      BUSINESS AS USUAL

The "core business" of the NJC Secretariat is to support meetings between the parties across a wide range of subjects within the NJC and PSCAC mandates. Secretariat staff are responsible for meeting logistics and record keeping, for providing professional advice to committee chairs and members and, with increasing frequency, for facilitating discussions among representatives of the parties.

Over the past twelve months, the Secretariat managed 185 meeting sessions between representatives of the parties.  The slight decrease from 203 in the previous year is largely due to disrupted meeting schedules in early fall 2001 caused by external developments.   The Secretariat expects the number of meetings in 2002-03 for the purpose of the cyclical review of directives to decline, but to be balanced by increased meeting requirments for grievance hearings and other committee business.  As noted last year, the continued high demand for Secretariat services outpaces the resources available to it for its work.  By the end of the reporting period, however, there was reason for optimism that the budget situation for the Secretariat may soon improve, allowing it to be more effective in supporting all areas of its mandate.

TABLE 3

MEETINGS SUPPORTED

BY THE NJC SECRETARIAT

August 1, 2001 to July 31, 2002

(by number of days on which meetings held)

4.                RECOGNITION

As always, the success of the National Joint Council and the Public Service Commission Advisory Council depends entirely on the good work of highly skilled and committed employer and union representatives from across the public service.  We salute and thank all of these friends and colleagues who do so much to advance the interests of the public service through our activities.

The last year witnessed a complete change to the Employer Side team on the NJC Executive Committee.  Tragically, our Vice-Chair, Gary Dingledine, passed away on March 29 after a short and devastating illness.  Gary's time with the NJC was relatively brief, but he left with all of us a sense of keen respect for his energy, integrity and leadership.  With his premature passing, we lost an articulate voice in support of greater employer-union collaboration.  He is greatly missed.

In February, we celebrated the contribution of Marcel Nouvet, Chairperson of the National Joint Council for 2 1/2 years before his departure for new duties at Health Canada.  Marcel transformed the approach of the employer side to the work of the National Joint Council, articulating his strong belief that NJC should be a "forum of choice".  His candour and willingness to consider innovative options earned wide respect from his counterparts on the bargaining agent side and helped restore vitality to many NJC activities.  The General Secretary is personally indebted to Marcel for the patience and support shown him throughout his own first year in office.

Stacia Escalante, Secretary to the Employer Side, left in January to join the Canada Customs and Revenue Agency.  Side secretaries play a crucial but not well understood role in the life of NJC.  Stacia's job required that she co-ordinate the contributions of a wide range of employer representatives across all NJC files, and that she provide immediate support to decision-making by the Employer Side Chair and Vice-Chair.  Stacia was both a vigorous supporter of the National Joint Council and a forceful defender of the employer's perspective.  She was particularly adroit in her efforts to train a new General Secretary "from the other side" who nevertheless survived with great feelings of appreciation and respect for Ms. Escalante.