njc logo - Return to Home Page
National Joint Council
 Français Contact Us Help Search
njc logo - Return to Home Page
about the NJC
what's new
current committee activities
njc directives
rates and allowances
njc grievances
health plans
publications
links
Public Service Commission Advisory Council (PSCAC)
Union-Management Advisory Committee

print version of this page

General Secretary's Annual Report 2004-2005

Publications

Related Topics
Annual.pdf

September 21, 2005

Dear Members:

I expect that this will be my final Annual Report to the Members of the National Joint Council (NJC). With more than four years as General Secretary now behind me, it is tempting to take this occasion to offer my own parting thoughts on where NJC has been and where it should now be going. The role of a General Secretary, however, is to ensure that others enjoy full opportunity to express their views and be understood. Best, then, to resist the temptation ---- well mostly at least!

The National Joint Council is first and always about the parties, their interests and their aspirations. The parties define their changing needs and the NJC, to remain relevant and effective, adjusts to these needs. A General Secretary helps with the adjustments along the way but is not the author of NJC success. This role falls to the many representatives of the Employer and Bargaining Agent Sides who play their parts on Council, the Executive Committee and on NJC's many constituent bodies. A General Secretary profits from privileged access to these representatives to suggest, to support, to counsel and perhaps occasionally to cajole. But there are real and necessary limits on his/her influence and important constraints that come with neutrality.

To my successor, I would say that it is a unique honour to occupy this office. It will offer you many opportunities to contribute, it will broaden your perspectives and it will equip you with new skills. It may also teach you patience!

You will be assisted at every stage by some quite remarkable people in the NJC Secretariat, and by many very talented individuals working for employers and unions. You'll have scope to innovate and to experiment but you will always be most effective when you listen to, and understand what both parties are saying, and take your lead from them.

As always, the work goes on.

The purpose of this Report is to outline the activities of NJC from April 2004 through March 2005. The Report also includes the Yearly Planning Agenda for 2005-2006 developed by the Executive Committee and ratified by Council (see Annex). This Agenda summarizes the leading priorities of Council for the year ahead and the work expected on the diverse files that make up the NJC's mandate.

What has been achieved on last year's key objectives?

2004-2005  Leading Priority:    Renegotiation of the Public Service Health Care Plan

Concerted work continues on renegotiation of the NJC Public Service Health Care Directive as well as a new governance model for this extremely important benefit regime. Beginning in spring 2004, the three parties involved (the NJC Employer and Bargaining Agent Sides plus the Federal Superannuates National Association) carefully examined a series of reports prepared by the PSHCP Trust and external consultants on trends in plan usage, plan expenditures, issues identified through member appeals as well as benchmarking information against other employment health plans. On this basis, the participants moved forward by early fall to identify and elaborate the principal issues that they believe should be addressed in this review, setting a very ambitious agenda for the process. By the end of 2004-2005, the parties had reached a critical agreement in principle around the government's proposal to replace the existing Trust with a new governing corporation without share capital under federal law. Much work still remains to flesh out the details of the new governance process, while the parties now add into their ongoing discussions the very difficult plan design and cost management issues that lie at the heart of this round of negotiations.

2004-2005  Leading Priority:    Service-Wide Committee on Occupational Health and Safety

After initial frustrations, the parties succeeded in reaching agreement on revised terms of reference for the Service-Wide Committee on Occupational Health and Safety. Key elements of the Committee's mandate includes:

  • monitoring work accidents, injuries and health hazards;
  • advising departmental/agency policy committees on best practices and approaches to be taken in fulfilling their duties;
  • participating in the monitoring of all service-wide programs in the field of occupational health and safety;
  • participating in the development of standards, policies, programs, inquiries, studies, investigations and other initiatives dealing with service-wide health and safety issues;
  • establishing and responding to information needs for service-wide issues;

2004-2005  Leading Priority:    Communications

Major emphasis was placed on communications projects throughout 2004, the National Joint Council's 60th anniversary year. Under the guidance of the Union Management Relations Committee and the NJC Communications Committee, a full program of events and products was delivered with the objective of increasing the profile of NJC activities as well as promoting more generally the value of collaborative union-management initiatives. The 60th Anniversary Annual Seminar held in the National Capital in September was the largest event of its kind in Council history and included the announcement of the first recipients of the NJC Special Recognition Awards. Another signal event was the unveiling of a new NJC CD-ROM educational tool, now widely circulated to strongly positive reviews. Throughout the year, a program of promotional speaking engagements across the country continued, and NJC also played an important role in several seminars and conferences examining co-development and other aspects of the new labour relations legislation.

2004-2005  Leading Priority:    Mandates for Boards of Management

Despite lengthy discussions, the parties did not reach a consensus on new terms of reference for the Dental Care Plan Board of Management (NJC Part) and the Disability Insurance Plan Board of Management. Also unresolved is the underlying status of these plans and the processes for their co-development or negotiation. The Employer Side has suggested that decisions about the future of these plans can probably be best made once the parties have completed their work on the governance of the Public Service Health Care Plan. The Bargaining Agent Side prefers to press ahead now, and maintains that the key to future governance is an agreement to recast both plans as directives of the National Joint Council, emulating the successful approach taken vis-à-vis the NJC Public Service Health Care Plan Directive.

2004-2005  Leading Priority:    NJC Funding

Stabilizing the budget of the NJC Secretariat was the final key priority established for 2004-2005. Here, the results were very encouraging. With the assistance of many ---- most notably former NJC Chairperson Brent DiBartolo and former Employer Side Secretary Jacques Lemire ---- full funding for projected NJC activities was secured last fall for the remaining months of the fiscal year as well as for FY2005-2006 and 2006-2007. While the objective of a permanent revision of reference level resources for NJC was not achieved, the financial support approved by government does ensure strong, continuing operations in the medium term and suggests that the longer-term outlook should be positive. More work will obviously be required in the future to renew or expand funding levels for FY2007-08 and thereafter.

Among the other achievements during 2004-2005:

  • a new Commuting Assistance Directive effective April 1, 2005
  • a new NJC Integrated Directive effective April 1, 2005
  • a series of revisions to Foreign Service Directives resulting from "post-review" discussions
  • consolidation of 13 existing health and safety directives
  • co-development of a methodology for compensation research and testing of the methodology through a large-scale Statistics Canada pilot project
  • support to the ongoing work of the PSMA Union Management Advisory Committee

I believe that NJC's record in 2004-2005, on balance, attests to its continuing effectiveness, and also to its resilience. It was not an easy year to be successful. The labour relations terrain was greatly complicated by high profile collective agreement disputes and strike action. The political uncertainties of a minority government, the front-page revelations of public inquiries, and the possibility of early elections also contributed to an environment where it was often difficult to get the work done and the decisions made. That progress was made speaks, as ever, to the effort and talents of the parties' representatives.

I invite you to read the rest of this Report for a fuller picture of 2004-2005 at NJC. Along with other improvements to the information normally presented, please note a new feature this year ---- a summary of some of the decisions made on NJC grievances heard during the year. We hope that this section will add to the usefulness of the Report in your own organizations.

I close with the warmest words of thanks to my colleagues at the NJC Secretariat. They have helped make the past four years a wonderful ride! I wish also once more to express my sincerest appreciation to the parties for the opportunity to contribute in this most unique role!

Dan Butler

General Secretary

Mandate

Employers and Bargaining Agents have agreed that the National Joint Council is the "Forum of Choice" for co-development, consultation and information sharing between the government as employer and public service bargaining agents. Through the National Joint Council, the parties take joint ownership of broad labour relations issues and develop collaborative solutions to workplace issues.

Employer Members

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

Bargaining Agent Members

Association of Canadian Financial Officers
Canadian Association of Professional Employees
Canadian Air Traffic Control Association, Local 54 54
Canadian Federal Pilots Association
Canadian Merchant Service Guild
Canadian Military Colleges Faculty Association
Coast Guard Marine Communications Officers C.A.W. Local 2182
Communications, Energy and Paperworkers Union of Canada Local 588-G
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 of 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, 2005)

Employer Side:

Chairperson:          Hélène Laurendeau, TBS
Vice-Chairperson:  Richard Burton, PSHRMAC
Representative:      Fiona Spencer, CFIA
Side Secretary:      Sean Ross, TBS

Bargaining Agent Side:

Co-Chairperson:     Paul Morse, IBEW, Local 2228
Vice-Chairperson:  Nycole Turmel, PSAC
Representative:      Michèle Demers, PIPSC
Side Secretary:      Claude Leclerc, PIPSC

NJC Committees and Boards

Communications Committee

  • updated the NJC Communications Strategy Framework as well as the Communications Work Plan
  • provided guidance on the 60th Anniversary Program and the design and delivery of component communications products, including the 60th Anniversary CD-ROM
  • established a recognition program for NJC committee members who have contributed to constituent bodies in excess of five years
  • advised on improvements to the General Secretary's Annual Report

Foreign Service Directives Committee

  • reviewed and confirmed the approach in FSD's to the employee/traveler requested kilometric rate
  • revised the methodology for determining employee shelter costs under FSD 25 – Shelter (Appendix A)
  • developed a new Memorandum of Agreement regarding the payment of certain allowances & benefits to public service employees deployed outside Canada in support of the Canadian Forces on Deputy Chief of Defence Staff controlled international operations, as FSD 3 – Application/Appendix B
  • considered a request for clarification/interpretation from DND which resulted in a joint FSD/Government Travel study group to examine and consider the issue of short-term relocation for an employee on training

Government Travel Committee

  • continues to address amongst the heaviest workloads of all NJC constituent bodies, including 20 grievances heard over the course of the year
  • completed cyclical reviews of both the Commuting Assistance Directive and the NJC Integrated Relocation Directive, with April 1, 2005 effective dates
  • conducted the annual review of kilometric rates of the Travel Directive
  • examined a special update PHH Arval Report on kilometric rates in response to fluctuations in gas prices and recommended rate revisions
  • considered two requests for interpretation, one regarding the payment of meal allowances and other entitlements under Module 2 and the other concerning the payment of kilometric rates for travel from a principal residence to a worksite other than the permanent workplace

Isolated Posts and Government Housing Committee

  • began preparations for the next cyclical review of the IPGH Directive
  • conducted a tour of isolated posts to provide information to stakeholders on the NJC cyclical review process
  • a sub-committee continued work on the eligibility criteria for an isolated post designation
  • presented recommendations to the Executive Committee on the issue of the traveler-requested kilometric rate

Joint Compensation Advisory Committee

  • finalized the methodology, survey questionnaire and report output formats to be used by Statistics Canada in conducting the Ontario Pilot Compensation Study
  • recommended Executive Committee agreement to proceed with the pilot study
  • approved an incentive letter suggested by Statistics Canada and intended to encourage respondents to participate in the pilot survey
  • addressed the issue of confidential access to data and results for purposes of evaluating the Ontario pilot project, as well as guidelines for publication of data in a future National Compensation Survey
  • developed a Memorandum of Agreement approved by the Executive Committee confirming that members will only use data generated by the pilot survey for purposes of evaluating the research methodology and proposing refinements for the future
  • began work on evaluation criteria to be used in assessing the results of the pilot project expected in June 2005

Joint Employment Equity Committee

  • considered updates on departmental progress with respect to employment equity objectives
  • reviewed progress on the "Embracing Change" report
  • examined employment equity issues in the context of Human Resources Modernization in the public service
  • reviewed Committee membership with a view to reinforcing the balance between employer and bargaining agent representatives
  • prepared a work plan for 2005-2006 for Executive Committee approval outlining areas where the Committee could provide valuable joint input in support of employment equity initiatives

Occupational Health and Safety Committee

  • reviewed 13 Occupational Health and Safety Directives in light of the provisions of the Canada Labour Code and the OHS regulations, resulting in a preliminary consolidated directive that will serve as a resource for a future cyclical review
  • reviewed and made recommendations in response to a request received from a Council member concerning the requirement for accommodation where a uniform may require modification to meet cultural or disability-related issues
  • opened consideration of alternate approaches to the existing formula for updating the protective footwear allowance
  • reviewed Committee roles and responsibilities in preparation for a joint meeting with the Service-Wide Occupational Health and Safety Committee

Official Languages Committee

  • considered grievances on eligibility for the Bilingualism Bonus
  • consulted with the Public Service Human Resources Management Agency of Canada on revisions to multiple Official Languages Policies
  • liaised with representatives of the Canada School of the Public Service and the Public Service Commission representative on initiatives within their respective jurisdictions

Service-Wide Committee on Occupational Health and Safety

  • completed work on revised terms of reference for the Committee
  • began preparations for discussions with the Occupational Health and Safety Committee and with the Executive Committee to clarify respective roles and responsibilities for purposes of developing a communications strategy and work plan.

Union-Management Relations Committee

  • guided development and implementation of the NJC 60th Anniversary program
  • initiated the NJC Special Recognition Program, adjudicating nominations leading to 5 awards in the first year of the program
  • managed the 60th Anniversary Seminar in the National Capital Region in September 2004
  • launched the "Forum of Choice" CD-ROM
  • prepared for Seminar 2005 to be held in Edmonton, Alberta in September
  • revised the format and approach to the annual NJC golf tournament

Work Force Adjustment Committee

  • a formal call for input for the revision of the Work Force Adjustment Directive was sent to all Council members, with a subsequent opting call based on input received from the two sides
  • prepared for the cyclical review and sought clarification of the review mandate from the Executive Committee

Dental Care Plan Board of Management (NJC Part)

  • participated in discussions on the proposed terms of reference for the Boards of Management
  • prepared the annual report for 2003 and reviewed the new format for reports provided by the Administrator in response to Board requests for information more suited to its needs
  • opened discussion of possible "guidelines" respecting the interpretation of "child or dependant child" under the Plan

Disability Insurance Plan Board of Management

  • explored reasons for the significant decrease in the number of appeals received over the last year
  • continued to monitor fluctuations in the surplus account of the Plan
  • participated in discussions on the proposed terms of reference for the Boards of Management
  • hired a new medical consultant to provide information to Board members on medical questions
  • finalized the Annual Report

Public Service Health Care Plan Negotiating Committee

  • launched renegotiation of the NJC Public Service Health Care Plan Directive and the PSHCP Trust Agreement
  • NJC Employer and Bargaining Agent Sides are joined in this project by representatives of the Federal Superannuates National Association (FSNA) who speak on behalf of retired employees

NJC Directives and Plans: over $2 billion in payments

  • $507 million in PSHCP benefits to over one million Canadians (2004)
  • $621 in dental claims on average per employee (2004)
  • $223 million in disability insurance support to affected employees (2004)
  • $1.3 billion in travel reimbursements covering all aspects of employee business travel
  • $30 million in post allowances for employees in isolated locations
  • $150 million in foreign service payments to address the special needs of employees who serve Canada abroad
  • bilingual bonuses, relocation payments, commuting allowances

NJC Public Service Health Care Plan "at a glance"....

  • 522,000 plan members covering over 1.1 million Canadians (including dependents) in 2004
  • 44.7% of members are retirees and 44.7% active employees (remainder RCMP and CAF dependents)
  • 11.7% increase in overall membership since 1999 driven primarily by 23% growth in active employees component --- compared to 5% decrease in retirees
  • 2.11 million claims in 2004 valued at $507 million
  • total plan cost of $531 million or $1,022 per member
  • average turnaround time for claims of 5.7 days compared with contract target of 9 days
  • total plan costs increased by 66.2% between 1999 and 2004 ---- 48.8% real increase on per member basis
  • 97.7% increase in prescription drug costs between 1999 and 2004 (12.1% increase in 2004)
  • 9.2 million prescriptions account for 63.8% of total plan costs, compared to 51.2% in 1999

Meetings

The NJC Secretariat supported a total of 163 NJC and PSCAC meetings in 2004-2005.

NJC Grievances

The NJC grievance process is a successful example of alternate dispute resolution in place now for many years. At the final level, the process has two distinctive and innovative features:

The criterion for reviewing grievances is the intent of the directive. Final level hearings are fact-finding inquiries designed to discover whether an employee has been treated within the intent of the directive. Who better to determine the intent than the parties who were responsible for co-developing the directive in the first place? At a final level NJC hearing, committee members from both management and bargaining agent sides weigh whether or not the directive has been applied as they intended. While there is sometimes disagreement between the parties about intent, more often both sides reach consensus about how an employee should have been treated.

As of March 31, 2004, there were 24 outstanding grievances at the NJC final level. During 2004-2005, 45 new grievances were received, for a total caseload of 69 grievances. Some of these grievances involved a common issue and were processed as single files. In the course of the year, files were closed for 36 grievances, 10 of which were withdrawn prior to final determination with the remaining 26 requiring final Executive Committee disposition.

By a substantial margin, the disposed caseload was dominated by 26 grievances falling within the purview of the Government Travel Committee --- grievances concerning either the Government Travel Directive, the NJC Integrated Relocation Directive or the Commuting Assistance Directive.

Grievance Summaries

A sample of the cases heard over the last year:

  • The employee grieved the failure of management to provide a safe and healthy working environment and, in particular, its failure to offer an alternate work site during a power outage when office temperatures fell below levels prescribed by the NJC Directive on Use and Occupancy of Buildings. The employee also grieved the obligation to use sick leave or vacation leave for time missed on the day of the outage and on the following day as a result of this situation, and requested full compensation for all time missed without deduction of vacation or paid sick leave credits. The Executive Committee agreed to uphold the grievance in part, but noted that issues related to the use of vacation or sick leave credits under the collective agreement lay outside NJC jurisdiction. The Executive Committee observed that a common remedial step in situations of this nature would have been to close the building so that a leave form would not have been required from the employee for the period in question.

  • Four grievances were considered concerning the provision of a suitable rest period under section 4.1 of the Travel Directive where employees are in travel status for purposes of escorting inmates transferred from region to region. The Executive Committee agreed that NJC has no jurisdiction to review the grievance as the grievors were governed by Appendix D of their collective agreement outlining escort travel conditions outside of their headquarters area. The Travel Directive explicitly states that it does not apply to persons whose travel is governed by other authorities.

  • Employees grieved that they were not provided parking spaces and/or paid parking when in attendance at the workplace. The grievors contended that they had not received equal financial benefits as those in other regions where free parking spaces were provided. They also maintained that the employer's local application of the Travel Directive, as it pertains to parking, interfered with the effective management of their workload and caused undue stress in addition to the inherently stressful work. The grievors requested that management provide parking either on site or in close proximity to the workplace at no cost to the employees as well as retroactive payment. The Executive Committee could not come to a consensus on the intent of the Travel Directive in the circumstances of this case and consequently declared an impasse.

  • The employee grieved denial of a travel expense claim for use of a personal vehicle to travel to another city in order to attend a workshop. The employee sought reimbursement for mileage based on a negotiated amount similar to the practice of another organization where an agreed amount is paid each way based on the lowest airfare. The Executive Committee considered and agreed with the report of the Government Travel Committee that the Travel Directive does not allow for managers and employees to negotiate a kilometric rate or alternative allowance/ amounts in lieu of prescribed rates. The employee was found to have been treated within the intent of the Directive and the grievance was denied.

  • The employee grieved the employer's failure to pay the bilingualism bonus in view of the fact that there was a requirement in the grievor's work to use certain unilingual English technical references. The employee requested that the bilingualism bonus be reinstated with retroactive payment. The Executive Committee considered and agreed with the report of the Official Languages Committee which concluded that the grievor had not been treated within the intent of the Bilingualism Bonus Directive and agreed to uphold the grievance with retroactive payment made effective June 1, 2000.

  • The employee grieved the employer's interpretation of the two-year time limit for submitting a claim for relocation expenses under section 3.1.2 of the Directive in effect prior to April 1, 2003, and requested reimbursement of relocation expenses as well as a correct interpretation of the provisions of the Directive. The Executive Committee considered and agreed with the report of the Government Travel Committee which concluded that the grievor was treated within the intent of the NJC Integrated Relocation Directive as the two (2) year period started when the employee departed his old place of duty and arrived at the new place of duty. The intent of section 3.1.2 of the previous NJC Integrated Relocation Directive is that the period allowed for expenses related to the disposal and acquisition of accommodation begins when either the employee or the dependent departs from the old place of duty, whichever occurs first. The grievance was therefore denied.

  • The employee grieved management's decision to put an end to the performance pay/salary protection he had been receiving as a result of a work force adjustment situation. The Executive Committee agreed that the NJC cannot entertain the grievance as the grievor is an excluded employee. The NJC By-laws stipulate that the redress procedure "only applies to an employee in a bargaining unit where both the employer and the bargaining agent participate in Council". As such, the employee cannot avail himself of the NJC grievance procedure.

  • The employee grieved the employer's decision to deny taking into account his years of service outside Canada as an employee under the Interchange Canada program in the calculation of the foreign service premium for his current assignment. The grievor requested that the calculation of points used to establish the foreign service premium for the current assignment include the time spent in a foreign country under the Interchange Canada program. Additionally, the grievor requested retroactive adjustments. The Executive Committee considered the Foreign Service Directives Committee majority report and concluded that it could not come to agreement on whether the grievor had been treated within the intent of the Directive. Therefore, an impasse was declared.

  • The employees grieved the recovery action undertaken by the department as a result of an apparent miscalculation of the vacation travel assistance allowance in 2002. The employees requested that all recovery actions be canceled and monies recovered by the Department be reimbursed, arguing that an estoppel applied. The Executive Committee considered and agreed with the report of the Isolated Posts and Government Housing Committee which concluded that the grievors had been treated within the intent of paragraph 2.6.1 of the April 1, 2002 Directive in that their requests for the 80% VTA were calculated based on the lower "Y" class fare as stipulated in the July 29, 2002 communiqué issued by the NJC clarifying the vacation travel allowance provisions. Consequently, the grievances were denied. The Executive Committee noted that discretion to recover debts owing to the Crown rests with the department under the Financial Administration Act.

  • The employee grieved the employer's refusal to reimburse the travel expenses incurred while traveling from headquarters to another location to attend her grandmother's funeral, pursuant to section 2.3 of the Isolated Posts and Government Housing Directive and article 17.02 of the collective agreement. The Executive Committee considered and agreed with the report of the Isolated Posts and Government Housing Committee which concluded that the grievor was treated within the intent of section 2.3 of the IPGH Directive given that the definition of immediate family contained in the Directive does not include grandparent.

Dental and Disability Appeals

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 2004-2005 , 47 dental appeals and 7 disability appeals were considered by the two boards of management, compared to 74 and 19 in 2003-2004. The Disability Insurance Plan Board of Management also received a request to reassess an appeal based on new information, with the original denial subsequently reconfirmed.

Public Service Commission Advisory Council

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 Public Service Human Resources Management Agency of Canada are also involved in PSCAC activities.

Over the course of 2004-2005 , the Council 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 Mobility II

  • PSC is committed to "work within its mandate to improve employee mobility in the core public administration, by furthering our work in the areas of e-recruitment and area of selection policy,'' as a result of the Working Group report
  • PSC encouraged their central agency partners and separate employers to use the report as a basis for contributing to the improvement of employee mobility
  • report is on the PSC Advisory Council website

Advisory Committee on Appointment Without Competition

  • provided recommendations to the PSC'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"
  • observations and recommendations integrated into the work of the evaluation team
  • in early 2004, PSC approved the permanent delegation for appointments without competition from outside the Public Service to 6 departments

Working Group on Pre-qualified Pools

  • continued review and analysis of departmental proposals for pilot projects associated with pre-qualified pools
  • reviewed and made recommendations to the PSC on pre-qualified pools in seven departments
  • next report in the latter part of 2005

Consultation Group on the New Appointment Framework

  • examined many elements of the new appointment framework for staffing and was instrumental to its development
  • group now providing essential advice on the roll-out of the framework, scheduled to culminate with the coming into force of the new PSEA in December 2005
  • new framework published by the PSC in early 2005

Consultation Group on Political Activities of Public Servants

  • considered policies governing political activities of employees within the public service
  • currently advising on the efficacy of a new 'automated' tool for self-assessment, to help public servants determine their situation when it comes to political activities
  • policy framework to come into force in December 2005

Public Service Modernization Act Union Management Advisory Committee (PSMA UMAC)

The PSMA Union Management Advisory Committee (UMAC) was created as an important forum for realizing the intent of the new legislation in an environment that promotes partnership. The UMAC is composed of seven (7) bargaining agent representatives at the President or Vice-President level and seven (7) management representatives at the Deputy Minister or Assistant Deputy Minister level. The objective of PSMA UMAC is to provide a forum for senior level representatives to consult on matters of common interest and to exchange information and views related to the implementation of the PSMA.

Issues that are covered by the PSMA UMAC include the objectives of HR Modernization and its implementation strategy and plans. The forum enables employee representatives to communicate to management their views on modernization subjects, initiatives and pilot projects of importance to them.

Secretariat support for the PSMA UMAC is jointly provided by the National Joint Council and the HR Modernization Implementation Secretariat.

Recognition

Recipients of the 2004 NJC Special Recognition Awards

Owen Brophy
Des Davidge
David Dunn
Catherine Manion Lewis
Gary Myers

Recipients of NJC Long Service Citations

Lyette Babin-MacKay

Merdon Hosking

Diane Buenger

Kathy Jordan

Michel Charette

Rudy Loiselle

Andrée Couture

Dennis McCarthy

Sally Diehl

Alan Mortson

Bruce Duncan

Denis St-Jean

Brenda Goodman

Robert Taylor

Martin Grégoire

Wendy Ward

A Special Word of Thanks....

2004-2005 was a year of change for the Employer Side of the NJC Executive Committee. In June, Richard Watkins departed as Employer Side Representative on his retirement from Correctional Services Canada. In the fall, Brent DiBartolo also succumbed to the allure of retirement, leaving his position as NJC Chairperson (...and as Assistant Secretary of Treasury Board for Labour Relations and Compensation Operations). Then, early in 2005, Jacques Lemire moved on to pursue a new career challenge after serving four years in the demanding role of Employer Side Secretary.

All Members of Council join in expressing very special thanks to Richard, Brent and Jacques for the vital leadership roles they played at NJC. Best wishes to them all!

 

ANNEX                                                                 2005-2006 YEARLY PLANNING AGENDA

BACKGROUND/CONTEXT

ACTIONS

Part 1 – Leading Priorities

Public Service Health Care Plan (PSHCP) and Trust Agreement

Negotiations continue on PSHCP governance issues, plan design and funding. The parties have agreed to extend the period of negotiations before reference to a third party until June 1st, but a further extension will likely be required. In the interim, the parties have agreed to extend the operation of the PSHCP Trust until April 1, 2006. A new governance framework for the PSHCP has been proposed by the government as part of Bill C-43, the Budget Implementation Act, but political conditions make passage of this legislation uncertain. Implementation of a new Plan and governance regime remains the first priority for NJC in this planning year.

As required, execute extension to negotiation period to facilitate continued discussions

Complete and execute agreement on governance framework

Complete and execute agreement on plan design and funding

Implementation and communications strategy

Dental and Disability Boards of Management – Governance

Efforts to establish a new governance model for the NJC dental and disability insurance plans, including modernized terms of reference, continue although the original working group examining this subject has been stood down. Linkages exist to ongoing discussions of governance with respect to the PSHCP, though both the dental and disability insurance plans pose unique issues. Resolution of this situation has been identified as a leading priority by the Executive Committee. Among the outstanding issues is the process for renegotiating the NJC dental plan which expires December 31, 2005.

Determination of the process for continuing discussions

Development of new governance model and terms of reference

Implementation of new governance model and supporting processes

Determination of interim process for renegotiating NJC dental plan

Foreign Service Directives

The Foreign Services Directives Committee continues to deal with issues outstanding from a cyclical review process begun in 1999. This experience indicates a need to review the approach to modifying FSD's in order that the NJC can respond more quickly to issues as they arise, establish firmer timelines for completing tasks and enforce these timelines.

Development of revised work plan to complete post-review issues

Delivery and implementation of final "post-review" products by new target dates

Establishment of process and dates for next full cyclical review

Directive Review Processes and Timelines

The NJC By-laws provide a sequenced roadmap for conducting cyclical reviews within established timelines. The goal is to provide the parties with some certainty as to when each directive will be reviewed and what are the target implementation dates. While affording the parties flexibility in the review process is important, there is felt to be a need for greater discipline in review schedules and closer management of the review process against expectations agreed by Council. At the same time, there is a need to identify a mechanism for addressing special issues requiring more timely modification of a directive without initiating a full, formal review process.

Determination of new cyclical review schedule

Establishment of firm target dates for completion of reviews and supporting processes for monitoring progress

Examination and approval of changes to By-laws to facilitate special issue reviews on shorter timeframes

Part 2 – Directives/Plans

 

Bilingualism Bonus

 

Current directive dates to January 1987, last amended June 1, 1993.

no review activity planned for 2005-2006

Commuting Assistance

New Directive implemented April 1, 2005.

no review activity planned for 2005-2006

Foreign Service Directives

see leading priorities

see leading priorities

Isolated Posts and Government Housing Directive

A new cyclical review of the Isolated Posts and Government Housing Directive was launched on April 1, 2005 with issuance of a call for input, requiring submissions from both sides by September 1st. The IPGH Committee has been preparing for the review by conducting a series of information sessions in remote locations.

Receipt of input, analysis of input to identify "new issues" and report to the parties.

Opting call

Report on opting and mandating of working committee

Committee co-development of new directive and report recommendations with implementation and communications plan

Executive/Council approval and implementation

Occupational Health and Safety

The OHS Committee has completed its review of 13 existing directives to modernize the text and co-ordinate with provisions of the Canada Labour Code, Part 2 and its Regulations. The Committee has been mandated to complete this process with respect to 4 remaining directives and examine appropriate redress procedures. The Committee has also been tasked to recommend a process and timing for the pending full cyclical review of OHS Directives.

Report recommendations for Executive Committee approval on remaining 4 directives

Report recommendations for Executive Committee approval on redress process

Executive and implementation of revised directives

Report recommendations for Executive Committee approval on future cyclical review process

Initiation, if possible, of new cyclical review

Public Service Health Care Plan

see leading priorities

see leading priorities

NJC Integrated Relocation Directive

New Directive implemented April 1, 2005

no review activity planned for 2005-2006

Travel Directive

New Directive implemented October 1, 2002

no review activity planned for 2005-2006

Uniforms Directive

Existing directive effective July 1, 1997

no review activity planned for 2005-2006

Work Force Adjustment Directive

At its April 2005 meeting, the Executive Committee confirmed the results of the opting call for the review of the WFA Directive and mandated the WFA Committee to commence its review. Discussion at the Executive Committee to determine whether "guiding principles" contained in the Bargaining Agent Side input constitutes a "new item" for purposes of the NJC By-laws has reached an impasse.

Resolution of impasse on "new issue" (guiding principles)

Committee co-development of new directive and report recommendations with implementation and communications plan

Approval and implementation of new directive

Dental Care Plan Board of Management (NJC Part)

The NJC Dental Plan expires December 31, 2005. While discussions on plan governance continue, agreement on an interim process for renegotiating a new plan will be required (see leading priorities).

Co-development of new NJC dental plan

Approval and implementation of new agreement

Disability Insurance Plan

No established process exists for review and co-development of the Disability Insurance Plan. Discussions are ongoing on DI Plan governance, including plan design processes.

see leading priorities

Part 3 – Other Initiatives

Communications

The need persists to upgrade the visibility of NJC, its processes and products among the wider Public Service population with a view to promoting the value of union-management co-development and other collaborative undertakings. The Communications Committee continues to update the communications strategy and workplan with a view to identifying and exploiting new opportunities to reach target audiences, building where possible on the successful experience of the 60th anniversary promotional program.

Revise and approve, as necessary, the communications strategy and workplan

Identify and develop new communications tools

Continue development of NJC web site based on client needs

Continue General Secretary's speaking program

Deliver 2005 NJC Seminar

Continue recognition and awards program

Compensation Research

The Joint Compensation Advisory Committee will begin analysis of results of the Ontario Pilot Survey in June with a view to making recommendations for future development of the survey methodology to the Executive Committee. As the function shifts to the Public Service Labour Relations Board and its Advisory Board, determination of the future role, if any, of JCAC will be required.

Examination of results of Ontario Pilot Survey

Report recommendations to Executive Committee

Liase with PSSRB to ensure smooth transfer of responsibility to new PSLRB

Determine future of JCAC

Human Resources Modernization/ Implementation of new Legislation

 

NJC continues to be well positioned to contribute, as required, to the resolution of problems arising in the implementation of the PSMA, to promote new approaches in support of HR modernization and to facilitate co-ordination of associated consultation initiatives. The NJC Secretariat has been assigned joint responsibility to assist the work of the PSMA Union Management Advisory Committee.

Identify opportunities for NJC to contribute to implementation of new legislation and to serve as forum for co-ordinating consultation initiatives

Provide secretarial support to PSMA Union Management Advisory Committee

Joint Employment Equity

 

A new workplan for the Joint Employment Equity Committee has been approved by the Executive Committee with a focus on the following:

  • applications of employment equity lens to NJC directives and PS policies
  • employment equity perspective on implementation of HR modernization
  • employment equity plans and UMC processes
  • anti-racism/antidiscrimination initiatives
  • "Embracing Change" report
  • PS employee survey
  • review of Employment Equity Act

Implement approved JEEC workplan

Follow-up report on progress to Council

Official Languages

 

The Official Languages Committee has provided comprehensive advice to the employer and PSC on the revised suite of official languages policies and language requirements. Continuing policy discussions will be anchored by a new workplan with identified results and target dates.

Develop workplan for Executive Committee approval

Implement workplan and report on results

New General Secretary

 

The term of the existing General Secretary, nominated by the Bargaining Agent Side, is scheduled to end in May 2006. Under NJC By-laws, the next General Secretary is to be nominated by the Employer Side to serve a term of up to 5 years. If past practice is followed, agreement of the Bargaining Agent Side to an employer nomination will be required. The target date for completing the nomination process is April 2006 in order to permit an appropriate transitional process.

Development and approval of a job description for General Secretary

Conduct of search for candidates

Approval of new General Secretary

Transition to office

NJC By-laws
 

A periodic review of NJC By-laws is required to reflect legislative changes, modified practices and to improve processes. A first draft of a resource document examining possible revisions to the By-laws has been developed by the Executive Committee with further discussion scheduled at subsequent Executive Committee meetings. The objective is to develop a package for Council consideration by the end of 2005.

Further development of resource document on proposed modifications to NJC By-laws

Approval and implementation of revised By-laws

Relations with Regional Councils and JCTC's
 

NJC By-laws contemplate the possibility of building parallel consultation and co-development processes at the regional level but no activity to pursue this option has been initiated to date. Opportunities exist to upgrade the profile of NJC in the regions by co-operating with existing regional structures such as Federal Councils and JCTCs.

Identify and pursue opportunities for greater collaboration with regional co-development processes supported by Federal Councils and JCTCs

Service-Wide Committee on Occupational Health and Safety

New terms of reference for the Service-Wide Committee have been approved. The focus turns now to the development and implementation of a concrete workplan by the Committee.

Develop work plan for Executive Committee approval

Implement work plan and report on results


[ HOME | TOP | BACK ]
Last Modified: 2005-10-14 [ Important Notices ]