General Secretary's Annual Report 2003-2004

September 22, 2004

I am honoured to present this Annual Report to you as we meet in conjunction with the National Joint Council's 60^th Anniversary Seminar in Ottawa.  This report reviews achievements and issues in the life of the NJC over the period of April 1, 2003 through to March 31, 2004.  It also canvasses the work of the Public Service Commission Advisory Council (PSCAC), whose parallel activities are a second mandate for the NJC Secretariat.  This is a look back, but a look forward as well to some of the challenges facing Council during the new fiscal year now well underway.

On February 24, 1944, wartime Finance Minister J. L. Ilsley rose in his place in the House of Commons to announce that...

"...in conformity with the Government's announced policy of promoting employee representation in private industry and the improvement of industrial relations generally, the Treasury Board has decided to provide for the setting-up of an employer-employee council in the Public Service of Canada."

This was the birth of the National Joint Council, modelled after the Whitley Council of the British Civil Service.  In 1944, the NJC was a novel creation for the Canadian Government and a new departure for Canadian public administration in general.  The new NJC, however, was hardly revolutionary.  Limited to an advisory role, and this only in respect of a relatively restricted list of subjects, its critics found the new NJC a rather timid undertaking.  Compared to its British counterpart which enjoyed substantial executive powers, and measured against the emerging private sector model of collective bargaining, the National Joint Council was only a start ---- but it was a start.

Today's NJC, of course, bears little resemblance to the body announced by James Ilsley in 1944, its evolution reflecting the changing needs and interests of the parties.  After 1967 and the introduction of collective bargaining, NJC recreated itself as a forum where a variety of service-wide issues are addressed, different in important respects from conventional negotiations but complementary at the same time.  NJC's mandate continues to evolve and to attract the support of its members because it fulfills an important need.  Nonetheless, it must re-earn this support from day to day in order to remain the "Forum of Choice".

Throughout 2004 we celebrate the sixtieth anniversary of the National Joint Council.  It is entirely appropriate that we pause to reflect upon the contribution that NJC has made to public service labour relations over sixty years, and particularly to recognize the exemplary work of so many union and employer representatives whose collaboration is the bedrock of NJC.  It is also appropriate not to pause too long, for there is much work ahead to ensure that collaborative initiatives in the NJC tradition are a natural instinct in our system rather than just a "best practice".

The "Achievements and Issues" section of this report offers a brief summary of the accomplishments of the constituent bodies of the National Joint Council over 2003-2004, as well as those of the Public Service Commission Advisory Council.  Together, I believe, these paint a picture of an active and successful year.  Among the more important developments, in my mind, are the following:

• NJC facilitated a series of encounters between bargaining agents and government on the proposed revisions to the labour relations and staffing systems under Bill C-25.  Once the legislation secured parliamentary approval, NJC assisted in the development of a union-management engagement framework to address issues arising from the implementation of the Public Service Modernization Act.  By agreement of the parties, the NJC now shares Secretariat responsibilities for the new PSMA Union Management Advisory Committee (UMAC) with the Public Service Human Resources Management Agency.
• NJC prepared the ground for renegotiation of the Public Service Health Care Plan (PSHCP), a directive of Council.  Working with the PSHCP Trust and the three parties (Employer Side, Bargaining Agent Side and the Federal Superannuates National Association), the NJC Secretariat planned a series of joint learning sessions on health insurance trends and issues and contributed a synopsis of questions that will form the expected agenda for the negotiation process.
• By year's end, the parties were optimistic that they had finally resolved concerns about the mandate of the Service-Wide Policy Committee on Occupational Health and Safety that had stalled progress in this important area for much of the year.  Given substantial efforts of the regular NJC Occupational Health and Safety Committee in preparing the existing 18 NJC health and safety directives for future review, the prospects for solid achievements on both fronts in the year ahead seem very promising.
• Communications activities greatly increased in 2003-04, all with the objective of raising the profile of NJC and promoting the value of union-management partnerships.  With a first-ever NJC communications strategy and work plan in place, the Secretariat worked closely with the Communications Committee on the development of new information tools and on the modernization of the NJC Web site, which incorporated a new search engine to assist with research on NJC grievance decisions.  The Union Management Relations Committee guided parallel developments of a 60^th anniversary communications plan, launching a new special recognition program and the development of a CD-ROM information package on NJC for future use by employer and union representatives, as well as interested external audiences accessing the NJC Web site.
• The Joint Compensation Advisory Committee made extraordinary progress in developing, in concert with Statistics Canada, a methodology for a comprehensive national survey program to produce long needed salary data for use in public service collective bargaining.  Results from a full-scale pilot test of the methodology are expected in early 2005 and will form the basis for decisions about the eventual shape of national compensation research when the function is turned over to the new Public Service Labour Relations Board sometime next year.
• Co-development is a key feature of the new Public Service Labour Relations Act, with NJC identified in statute for the first time as a principal site for co-development activities.  In August, the PSCAC's Working Group on Co-development provided a signal contribution to our understanding of this process with the publication of a landmark report on the subject (discussed further in the "Recognition" section).

These and other accomplishments mentioned elsewhere in this report provide good reason to conclude that NJC is still, at 60, energetic, relevant and effective.  Council has been called the public service's "best kept secret" by more than a few observers.  Certainly, I remain very impressed by how much can be accomplished by dedicated union and management representatives in the "Forum of Choice" despite sometimes difficult circumstances, and very proud of the work done by the staff of the NJC Secretariat who assist the parties in their work. 

At the end of 2003-04, the environment was obviously very challenging:  The sponsorship scandal had sent shockwaves throughout the public service, uncertainties remained about changes in the structure of government announced in December, and anxieties were heightened that greater dislocations lay ahead.  How the new Public Service Modernization Act might impact relations between the parties was largely unknown.  A federal election on the horizon added to the uncertainty and to the politically sensitive climate in which government employees work.  Finally, in the world of collective bargaining, high-profile negotiations approached their most difficult stages, with strike votes taken and impasses referred to third parties. 

How all of this will effect NJC will obviously be seen in time.  Meanwhile, Council and the Executive Committee have assigned the parties and the Secretariat an ambitious agenda for 2004-05 as outlined in Appendix A.  Five lead priorities have been identified:

• complete the renegotiation of the Public Service Health Care Plan and the PSHCP Trust Agreement;
• ensure concrete achievements in occupational health and safety by finalizing and implementing the new mandate for the Service-Wide Committee and by developing the framework for launching a substantive review of NJC's 18 health and safety directives;
• refine and extend communications activities;
• modernize terms of reference for the Dental and Disability Insurance Boards of Management and implement their new mandates;
• secure stable, long-term funding for NJC.

With a number of other important directives under active review, a continuing flow of grievances and appeals before the various committees, new responsibilities in support of UMAC and further policy consultations inevitably arising, it will undoubtedly be another busy and important year for the National Joint Council.

60 years young and still running fast!!

Through the National Joint Council, participating employers and bargaining agents take joint ownership of broad labour relations issues and develop collaborative solutions to workplace problems. Employers and bargaining agents have agreed that the National Joint Council is the "Forum of Choice":

• to share information;
• to consult on workplace policies;
• to co-develop directives which provide public service-wide benefits.

Created in 1944, the membership of the National Joint Council today includes 17 public service bargaining agents, Treasury Board and three "separate employers". The activities of Council directly affect the working lives of well over 150,000 represented employees in 80 departments and agencies in every region of Canada.

NJC contributes to effective labour relations and human resources management on many fronts:

• by co-developing public-service wide terms and conditions of employment through "NJC Directives";
• by co-developing public service wide health care coverage;
• by providing joint trusteeship/supervision of health care plans;
• by developing and reviewing occupational safety and health policies and providing advice and leadership to departments and agencies in this field;
• by resolving employee grievances (NJC directives) and appeals (dental and disability benefits);
• by providing a forum for information-sharing, consultation and co-development on other policies and initiatives (e.g., employment equity, official languages);
• by facilitating the joint development of a compensation research capacity;
• by sponsoring other activities to build relations among the parties.

NJC processes:

• are jointly governed and jointly managed;
• depend on voluntary participation;
• emphasize collaborative problem solving;
• provide opportunities to innovate.

Under the NJC Constitution and By-laws, the activities of Council are formally governed at quarterly meetings of all participating employer and bargaining agent members. Decisions of Council are made by consensus of the "Employer Side" and the "Bargaining Agent Side". In the case of NJC Directives, participating members give full legal force to Council decisions by incorporating new directives as integral components of their respective collective agreements.

The Executive Committee is composed of three representatives from each of the Employer and Bargaining Agent Sides, supported in both cases by a Side Secretary. It is empowered to act on behalf of Council in administering the activities of NJC during the intervals between quarterly meetings. Executive Committee decisions are subject to the formal ratification by Council when they are reported at its regular meeting. Council may also delegate its decision-making authority to the Executive Committee to facilitate timely and effective action.

The General Secretary acts under the general direction of the Executive Committee and is not a member of Council or any committees of the NJC. The Employer and Bargaining Agent sides alternately nominate the General Secretary who heads the NJC Secretariat for a five-year term. The NJC Secretariat, operating under the general supervision of the General Secretary, offers administrative and professional support to Council and its component bodies.

The day-to-day work of NJC is accomplished by the many representatives of the parties who serve as appointed members of NJC working committees, working groups and boards of management. These constituent bodies report to Council through the Executive Committee and carry out a wide range of activities as determined from time to time by the Executive Committee.  

The National Joint Council is exceedingly fortunate to benefit from the time and energy of many talented representatives from both Bargaining Agent and Employer sides who bring life to the mandate of NJC through the work of its constituent bodies. Each year, these representatives address difficult and complex issues and compile a substantial record of achievement. Below is a synopsis of the work of NJC constituent bodies over the twelve months ending March 2004.

Communications Committee

Guided by priorities previously approved in the NJC communications strategy, the Communications Committee continued its work to raise the profile of the NJC and to promote the value of collaborative union-management initiatives. After surveying user needs, the Committee provided guidance to Secretariat staff who, with the assistance of consulting expertise, managed a complete re-design and modernization of the NJC Web site. Launched at the annual seminar, the enhanced Web site includes a new, user-friendly grievance search mechanism, improved navigation throughout the site and greatly expanded information on the NJC, its processes and current activities.

Elsewhere, the Committee provided input into the development of a series of information tools designed to provide more timely content on NJC to public service managers and employees. Among the results was a first-ever Guide to NJC Rates and Allowances, a comprehensive resource document describing how NJC allowances are determined and modified, as well as an expanded second edition of Guidelines to Hearing NJC Grievances, a widely used tool for employees and representatives involved in the NJC grievance process. Considerable effort was channeled into upgrading the Annual Report of the General Secretary (2002-03) which, for the first time, was distributed not only to all NJC clients, but also to an expanded audience of Deputy Ministers and Heads of Human Resources. A further supporting element of the communications strategy was the General Secretary's outreach program to groups across the country. Over the course of the year, the General Secretary accepted fourteen speaking engagements from the Arctic to the Pacific to the Atlantic, including overview presentations to six Federal Councils as well as specialized discussions on NJC co-development to several departmental and regional gatherings.

Foreign Service Directives Committee

The Foreign Service Directives (FSD) Committee began its year by finalizing work on a complete consolidation of all 41 FSDs to ensure consistent references and format in light of revisions made to many of the directives over the course of the multi-year cyclical review. Members then turned to address outstanding substantive questions from this review as well as supplementary issues assigned by the Executive Committee. The task of examining the best method for approaching the next cyclical review process, for further modernizing directive content and streamlining the overall process, formed an important and continuing part of committee discussions.

Beyond the regular update of allowances and premiums using established approaches, the Committee revised a number of methodologies: Rating Hardship Posts (FSD 58 - Post Differential Allowance), Determination of Employee Shelter Costs (FSD 25  - Shelter) and the Post Specific Allowance (FSD 56- Foreign Service Incentive Allowance). Members took on additional work by establishing study groups to consider issues related to subjects such as: Health Care (FSD 9-38-39-40-41-42), Child/Daycare (FSD 32), Employee Requested Kilometric Rate, Travel/Relocation (FSD 3-15-16) and Spousal Issues (FSD 17).

Government Travel Committee

As mandated by the Executive Committee, the Government Travel Committee created a working group to review outstanding issues and proposals remaining after the April 1, 2003 introduction of the new Relocation – Integrated Relocation Program (IRP) Directive, the second directive for which this committee is responsible. A report on this subject, including possible recommendations for further changes to the directive, was scheduled for presentation to the Executive Committee later in spring 2004. The Committee is also assigned a third important directive, Commuting Assistance. Following receipt of input by the end of 2003 and conclusion of the opting period early in 2004, the Executive Committee referred Commuting Assistance to Government Travel for review, with the objective of completing work by summer 2004. A second working group was established for this purpose.

In addition to its directive review responsibilities, Government Travel considered and made recommendations resolving a request for interpretation under section 15 of the By-Laws in a situation where a daily comprehensive allowance had been substituted for the payment of usual meal rates and allowances. The Committee also examined the results of this year's PHH/Arval report on kilometric rates and recommended revisions to these rates to the Executive Committee effective April 1, 2004. Discussions will continue on issues arising from the provision of data by PHH/Arval and on the application of the methodology for calculating kilometric rates developed by the Committee.

Isolated Posts and Government Housing Committee

Despite the resignation of their Chairperson, Burt Hunt, members of the Isolated Posts and Government Housing Committee (IPGHC) continued to make considerable progress on their work during this reporting period. The Committee continued with the delivery of information sessions to affected regions across the country on the new IPGH Directive. Training needs were reassessed in the fall and the Committee agreed to host an additional information session in Quebec City in early 2004. 

A number of departments expressed concern with the issue of taxable benefits resulting from Phase II of the cyclical review of the Directive. Recognizing this as an important subject, a sub-committee of IPGHC was created to research and clarify the issue for departments. In keeping with this proactive approach, an additional sub-committee was created to explore options for designation criteria governing the eligibility of an isolated post. In response to inquiries on the issue of Vacation Travel Allowance, the Committee prepared a question and answer document for the NJC Web site. The Committee also agreed to monitor the transition to a new shelter cost differential for those employees who may have faced rent increases as a result of the move towards market-based rates beginning September 1, 2003. Finally, at the request of the Executive Committee, a sub-committee was struck to clarify references to the lower kilometric rate in the Directive, with a report to the Executive Committee planned for spring 2004. 

Joint Compensation Advisory Committee

Building on progress achieved during the previous year, the Joint Compensation Advisory Committee continued to work closely with Statistics Canada to co-develop many of the required technical components for a national compensation survey. Statistics Canada presented numerous reports to the Committee for discussion throughout the year including a Proposal for a Pilot Compensation Survey as well as an Overview of the Pilot Survey. Under JCAC direction, Statistics Canada completed a feasibility project for the National Occupation Codes (NOCs) to be used when surveying compensation practices outside the federal government, and contributed detailed guidance on the development of a "leveling tool" to facilitate comparisons of public service jobs to positions among surveyed employers.

Impressed by the effective working relationship that has grown with Statistics Canada, the JCAC Chairpersons recommended to the Executive Committee that this agency continue to be used to advise on, and to conduct the operational work of JCAC, a recommendation accepted by the Executive Committee. Results of the planned Ontario pilot survey anticipated in March 2005 will not be published but rather will serve as a research tool for the JCAC to evaluate the survey methodology and to refine the approach for a future national study in support of collective bargaining. During the year, JCAC also completed and published a Compendium of Collective Agreement Clauses for use by the parties.

Joint Employment Equity Committee

Joint Employment Equity Committee (JEEC) members examined ways to improve the effectiveness of JEEC meetings and to expand committee membership to achieve a better balance between employer and bargaining agent representatives. The Committee reviewed progress on the report Embracing Change and the release of new communications tools arising from this report, as well as the possible impact of the Revised Term Employment Policy on designated employment equity groups. It applied an "employment equity lens" to the analysis of results from the Public Service Employee Survey 2002, reviewed implementation of the Duty to Accommodate Policy, and considered the Public Service Commission's Profile of Public Service Leadership Competencies together with the PSC's proposed framework for Employment Equity Programs. 

Occupational Safety and Health Committee

The Occupational Safety and Health (OSH) Committee continued its ambitious review of NJC Health and Safety Directives in light of the revised provisions of the Canada Labour Code and its Regulations, including editing and re-alignment of directives with the Canada Occupational Health and Safety Regulations. This work proved to be more detailed and time-consuming than originally expected, leading the Committee to request an extension from the Executive Committee to allow for a more complete and accurate report. By the end of the reporting period, the Committee had nonetheless completed an impressive first review of all directives, a necessary step towards developing a recommendation to the Executive Committee for a full substantive review of the content of these authorities.

In December, a revised Protective Footwear Allowance was approved effective January 1, 2004, using the established methodology. The allowance decreased for the third consecutive year, prompting the Committee to post an explanatory note regarding the formula used to calculate the allowance on the NJC Web site. The Committee agreed to create a sub-committee to explore the possibility of reviewing the baseline cost of protective footwear which has remained unchanged since 1997.

Official Languages Committee

2003-04 was a highly successful year for the Official Languages Committee. Collaborative work in conjunction with the Official Languages Policy Review Exercise undertaken by Treasury Board Secretariat proved a model for effective committee consultation and co-development. The Committee presented detailed views and advice for TBS consideration, with many of its recommendations adopted in the final Treasury Board document.

The Committee was also consulted within the context of the Public Service Commission's (PSC) review of the Public Service Official Languages Approval Order. The Committee presented views and advice for consideration in the preparation of the analysis and recommendations to be submitted to the Commissioners of the PSC.

Service-Wide Policy Committee on Occupational Safety and Health Committee

Discussions on a Treasury Board vision paper and new terms of reference for the Service-Wide Committee resumed with the assistance of the General Secretary who facilitated discussions between the Co-Chairpersons. The parties agreed to work within a designated timeframe and, by the end of the reporting period, were near to a successful conclusion. Based on informal discussions with the Executive Committee, representatives expected that revised terms of reference would be approved early in the new fiscal year, allowing the Service-Wide Committee to finally launch collaborative work in this very important policy domain. 

Union-Management Relations Committee

The Union-Management Relations Committee provides support and direction for the NJC's annual seminar. The 2003 seminar, held in St. John's, Newfoundland and Labrador, was widely evaluated as a great success. Topics discussed in plenary included the Public Service Health Care Plan, implementation of the Public Service Modernization Act and the issues facing public service employees in Newfoundland and Labrador. Workshops on various aspects of the new legislative regime for labour relations and staffing prompted lively discussions, as did the keynote address by the Honourable Lucienne Robillard, President of Treasury Board. Immediately following the seminar, planning began for the 2004 encounter to be held in the National Capital Region as part of the NJC's 60^th anniversary program.

The Committee also assumed special responsibility to develop and conduct a year-long program of events and publications in celebration of the NJC's 60^th anniversary in 2004. Two new initiatives highlight the program: (i) development of a CD-ROM product profiling the mandate and activities of NJC for use by employer and bargaining agent representatives throughout the public service, and (ii) a 60^th anniversary Special Recognition Program acknowledging five individuals who have made a significant contribution to the NJC. Other supporting 60^th Anniversary products included a promotional poster, commemorative pin and a new overview brochure containing general information on the NJC. 

Work Force Adjustment Committee

The year was relatively quiet for the Work Force Adjustment Committee with only one new grievance received and reviewed. The Committee anticipates a much more active 2004-05 given the Executive Committee's decision to launch a cyclical review of the WFA Directive, with input due from the parties by October 1, 2004.

Dental Care Plan Board of Management

The Executive Committee commissioned a joint study to review and modernize terms of reference for both of the NJC's Boards of Management, Dental and Disability. The Dental Board participated actively in this review, holding preliminary discussions on terms of reference with the authors of the review, and then recommending improvements to drafts shared with Board of Management members as part of the study process. As usual, hearing appeals and considering reports from the plan administrator consumed the bulk of the Board's time. Among the appeals, members considered and resolved, for the first time, a case dealing with the entitlement to coverage of an employee on suspension, prompting the Board to remind departments of their obligation towards employees suspended for a period exceeding one month. The Board's 2002 Annual Report was approved by the Executive Committee and, in a new departure, was posted on the NJC Web site to reach a wider audience. 

Disability Insurance Plan Board of Management

As in the case of the Dental Board, the Disability Insurance Board of Management closely followed the review of terms of reference initiated by the Executive Committee. It also faced a particularly difficult challenge when its Medical Advisor of many years resigned in September, leading Board members to develop a clear mandate and role for the next Advisor; and to launch a process to recruit the appropriate person to fill this important supporting role. The DI Board of Management finalized its 2002 Annual Report and posted it on the NJC Web site. It also reconvened a communications sub-committee to explore issues of accessibility and availability of information on disability insurance for employees and their managers.

As illustrated in Table 1 below, a total of 58 NJC grievance files were active between April 1, 2003 and March 31, 2004, 21 of which were newly received during the reporting period. (Note that a grievance file may contain grievances from multiple grievors on the same subject). Over the course of the year, 34 grievance files were closed compared with 15 during the previous twelve months. As of March 30, 2004, 24 cases remained outstanding as opposed to 37 at the end of the previous year. By far the greatest number of cases, 38 of the total 58 active during the year, relate to directives which are the responsibility of the Government Travel Committee. This concentration adds considerably to the very heavy workload of the Government Travel Committee, and remains a matter of significant concern to members of the NJC Executive.

While the 2003-04 record of reducing the number of outstanding grievances provides some encouragement, the Executive Committee and the NJC Secretariat believe that further improvements are possible and warranted. The average time from opening to closing of grievance files remains too long. While some delays are outside the control of NJC, as when parties request postponements of grievance hearings or additional time is required to fill gaps in grievance files submitted to the Secretariat, internal measures can prevent or reduce other delays. The Secretariat has set for itself several new performance targets:

• ensure that a grievance file is analyzed and referred to the Executive Committee or to a working committee within 1 month of receipt, other than where incomplete submitted files require extra contacts with the parties;
• work to schedule a hearing within 3 months of referring a grievance to a working committee;
• complete committee reports to the Executive Committee recommending a grievance decision within 2 weeks of the grievance hearing.

Table 2 examines the disposition of the 34 grievance files closed during the year. By subject, 22 of the 34 cases involved the Government Travel Committee, 6 Isolated Posts and Government Housing, 4 Occupational Safety and Health, 1 Foreign Service Directives and 1 Work Force Adjustment. Among grievances for which final decisions were rendered, equal numbers were accepted and denied (9 each) on merits with 3 other cases denied on the basis of timeliness. Only 3 grievances resulted in an impasse, testifying to the effectiveness of NJC's unique approach to deciding cases. A total of ten grievance files were closed after being settled or withdrawn by the parties.

Appeals to Dental and Disability Boards of Management

Both the Dental Plan Board of Management and the Disability Plan Board of Management hear appeals on cases relating to the denial of benefits by the plan administrators. During 2003-04, 60 new appeals were filed through the Dental Board of Management while 21 new appeals were filed through the Disability Insurance Board of Management. These files added to the 28 and 16 cases respectively outstanding from the previous year. Over the year, 74 dental appeals and 19 disability appeals were considered by the two boards of management, up from 27 and 11 in 2002-03. For the Dental Board, this has meant a very substantial reduction in its outstanding caseload at year's end. For Disability, 2003-04 year-end results very closely parallel those for 2002-03. 

Table 4 reports the disposition of appeals during the reporting period. At the Dental Board of Management, denials outnumbered approvals by a 3-to-1 margin, a substantially higher ratio than in 2002-03. At the Disability Board, only one appeal was approved over the course of the year, whereas no appeals were approved in the previous year. 

The Public Service Commission Advisory Council (PSCAC) is a separate tripartite consultative body, supported by the NJC Secretariat, composed of representatives from bargaining agents, departments and agencies, and the Public Service Commission (PSC). Established in 1999, the PSCAC serves as a forum for collaborative work among the parties with the goal of strengthening the staffing system in the public service and addressing other related human resources management issues. Representatives from the Treasury Board Secretariat and the new Public Service Human Resources Management Agency of Canada are also involved in PSCAC activities.

The PSCAC Steering Committee is responsible for directing and coordinating the work of Council between annual meetings. Over the course of 2003-04, the Steering Committee met four times to consider policy issues raised by the Commission and to manage and review the work of various constituent bodies.

Working Group on Co-development

The PSCAC Report on Co-development was widely distributed throughout the human resources community in the summer of 2003. Among the highlights of the Report was the presentation of a process model to assist parties considering co-development as an approach to resolving a problem or achieving a desired joint product. Special emphasis was placed on outlining attitudes and behaviours that support and enable successful co-development. The Public Service Commission endorsed the report in September as a leading contribution to discussions about the future of co-development, and identified appropriate follow-up actions.

Working Group on Mobility II

The Working Group on Mobility II submitted its report to the PSC in January 2004. This document draws attention to the complexity of mobility issues and identifies impediments associated with each identified aspect of the mobility "problem". The Working Group, along with the PSC Research Directorate, also considered the results of the Public Service Survey in relation to mobility, and explored other available empirical evidence to assist with the evaluation of mobility trends in the public service.

Advisory Committee on Appointment Without Competition

The Advisory Committee on Appointment Without Competition provided recommendations to the Commission's evaluation team responsible for monitoring the pilot project on "Delegation to Deputy Heads of the Authority to Appoint without Competition from Outside the Public Service". This Committee is composed of two representatives from the bargaining agents, departments and the PSC. The Committee received and reviewed all pilot documentation and information and later assisted the evaluation team in developing appropriate evaluation criteria and tools. A draft report and action plan was prepared with a date for submission to the PSC in the spring of 2004.

Working Group on Pre-qualified Pools

This Working Group continued its review and analysis of departmental proposals for pilot projects associated with pre-qualified pools. As part of its work, the Working Group developed employee surveys to monitor attitudes about PQP pilot projects and the implementation of the related recourse model. To date, the surveys have been administered in one department. The initial report on this initiative will be available in the spring of 2004. During the year, the Working Group also reviewed and made recommendations to the PSC on pre-qualified pools in six other departments.

On the Horizon

The passing of Bill C-25, the Public Service Modernization Act, heralds major changes to the management of staffing and human resources management processes in the public service. Included in the legislation are requirements for departments and agencies to engage in greater consultation with bargaining agents on HR issues and for the PSC to consult with the parties on important staffing questions. As a result, the PSCAC has agreed to create two new consultation groups, one which will examine many elements of the new appointment framework for staffing, and a second designed to consider policies governing political activities of employees within the public service.

The NJC Secretariat is composed of the General Secretary, nine employees and a contracted Disability Appeals Co-ordinator. The day-to-day activities of NJC are managed by the Secretary to Council and Manager of NJC Operations, Nicole Paré-Bisson, now in her fourteenth year at the Secretariat. Parallel activities in support of the Public Service Commission Advisory Council and its working groups fall under the responsibility of a separate Manager, at year's end Karl Koch.

The Secretariat, as always, had a very busy year providing professional, administrative and logistical support to meetings of Council, the Executive Committee and the various constituent bodies of the NJC. In addition to the quarterly meetings of the full NJC and its Annual Seminar, the Secretariat organized 137 sessions of committees, working groups and boards of management, and insured follow-up on all meetings. Activities under the mandate of the PSCAC added an additional 18 sessions. The Secretariat also facilitated special union-management consultations and briefings on subjects such as the new human resources modernization legislation, whistle-blowing, compensation policy, the Treasury Board managers' initiative and the public service response to the avian influenza. 

In December, the Secretariat assumed joint responsibility with staff of the new Public Service Human Resources Management Agency of Canada (PSHRMAC) to support the work of the Public Service Modernization Act Union Management Advisory Committee, a bilateral senior leadership group whose mandate will be to address issues and problems in the implementation of the new legislation. This committee met for one preliminary meeting during the reporting period.

December 2003 was a month of significant changes for NJC. Following government announcements on December 12^th restructuring a number of departments and agencies, including the Treasury Board Secretariat, Chairperson James Lahey departed from his role as Chairperson of the National Joint Council and of the Employer Side. At the end of the month, Steve Hindle also resigned from his position as Co-Chairperson of NJC and Chair of the Bargaining Agent Side. Both Jim and Steve played pivotal leadership roles in the life of NJC and were strong proponents of the collaborative approach to addressing labour relations issues that lie at the heart of the NJC model. Both were also particularly supportive of the role played by the NJC Secretariat, for which all members of NJC staff are greatly appreciative. While no longer formally involved in NJC, Jim and Steve remained active after December as leaders in the labour relations community on their respective sides. We all expect to hear much more from both.

Every year, the list of contributors to NJC and PSCAC meriting recognition is very long, certainly too long to permit detailed mention here. This year, with new legislation passed promoting co-development, it is entirely appropriate to give special recognition to the PSCAC Working Group on Co-development and, in particular, to co-chairpersons Diane McCusker (Director General, Employee Relations, DND) and Bob Taylor (Vice-President, Local 2228, IBEW) whose leadership made the Report on Co-development possible. This important document demystifies "co-development" and shows clearly that it is a process capable of flexible application to diverse situations ---- in fact, something that the parties already do together in a variety of settings, NJC and PSCAC included. The report's roadmap to the stages of a co-development process as well as its discussion of attitudes and behaviours that make collaborative initiatives work well, are essential reading for anyone interested in improving our workplace relations.

Diane and Bob both have long histories of involvement in important labour relations and human resources management issues. In their own approaches to solving issues, they consistently demonstrate a high level of commitment to collaboration and a clear respect for the interests of both parties. They well deserve the congratulations of their peers.

The Report on Co-Development can be accessed through both the NJC and PSCAC Web sites.

Employer Side

• Canadian Food Inspection Agency
• National Research Council of Canada
• Office of the Auditor General of Canada
• Treasury Board of Canada Secretariat

Bargaining Agent Side

• Association of Canadian Financial Officers
• Canadian Association of Professional Employees
• Canadian Air Traffic Control Association
• Canadian Federal Pilots Association
• Canadian Merchant Service Guild
• Canadian Military Colleges Faculty Association
• Coast Guard Marine Communications Officers C.A.W., Local 2182
• Council of Graphic Arts Unions of the Public Service of Canada
• Federal Government Dockyard Chargehands Association
• Federal Government Dockyard Trades and Labour Council (East)
• Federal Government Dockyard Trades and Labour Council (West)
• International Brotherhood of Electrical Workers, Local 2228
• Professional Association on Foreign Service Officers
• Professional Institute of the Public Service of Canada
• Public Service Alliance of Canada
• Research Council Employees' Association
• Union of Canadian Correctional Officers - CSN

EXECUTIVE COMMITTEE MEMBERS (as of March 31, 2004)

Employer Side

• Chairperson                Brent DiBartolo, Treasury Board of Canada Secretariat
• Vice-Chairperson        Richard Burton, Treasury Board of Canada Secretariat
• Representative            Richard Watkins, Correctional Service Canada
• Secretary                    Jacques Lemire, Treasury Board of Canada Secretariat

Bargaining Agent Side

• Co-Chairperson          Paul Morse, International Brotherhood of Electrical Workers, Local 2228
• Vice-Chairperson        Nycole Turmel, Public Service Alliance of Canada
• Representative            Michèle Demers, Professional Institute of the Public Service of Canada
• Secretary                    Claude Leclerc, Professional Institute of the Public Service of Canada

National Joint Council Secretariat

• General Secretary       Dan Butler
• Secretary to Council   Nicole Paré-Bisson