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General Secretary's Annual Report 2002-2003

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NJC Annual Report 2003.pdf

TABLE OF CONTENTS

General Secretary's Message to Council Members
Mandate
Achievements and Issues
Grievances and Appeals
Public Service Commission Advisory Council
Business as Usual
Recognition
National Joint Council Members
Memoriam

September 11, 2003

Dear Members:

I am very pleased to table this Annual Report as Council convenes in St. John's, Newfoundland in conjunction with our Annual Seminar.  Our return this year to Canada's east coast continues a cycle of regional venues for the seminar that began in Halifax in 1998.  Over the intervening years, we have travelled to Winnipeg, Victoria, Bromont and Toronto, profiting greatly in each case from the opportunity to meet with regional colleagues and to learn about regional public service issues.

Next year, the Annual Seminar will be held in the National Capital Region, one of several events marking the 60th anniversary of the National Joint Council.  With almost six decades of history under its belt, there may be a temptation to view NJC as the "senior citizen" of public service labour relations.  This said, I have no doubt that NJC is one very youthful senior, determined not to rest on past laurels and ready to take on new issues and challenges.

The longevity of the National Joint Council is testimony to the fact that it continues to fulfill an important need.  In a labour relations system as complex and diverse as ours, the parties require a variety of ways of working and collaborating together effectively.  NJC is one of several important contributing components.  It complements collective bargaining as well as labour-management consultations elsewhere in the system.  It offers a "Forum of Choice" at the national level where employers and bargaining agents can come together on a voluntary basis to resolve problems and to co-develop terms of employment with public service-wide application.  It works because of the continuing need for such a forum and because of the determination and willingness of the parties to make it work.

The tabling of Bill C-25, the Public Service Modernization Act, in February of this year marked a milestone for the National Joint Council.  After six decades of existence through order-in-council, the Government proposed to enshrine NJC in law, recognizing it as an enduring and important contributor to good labour-management relations.  Building on Council's own By-laws which feature "co-development" as a key NJC activity, Bill C-25 formally endorsed co-development as an option for the parties, and recognized NJC as a principal forum for co-development activities:

s.11.            Co-development of workplace improvements by the employer and a bargaining agent may take place under the auspices of the National Joint Council or any other body they may agree on.

Some observers hoped that new legislation would go further in expanding the scope of issues explicitly within NJC's mandate (as recommended by the Fryer Report).  Bill C-25 does not take this step, but equally it does not preclude the parties from "growing" NJC's role to meet new needs, as has happened throughout Council's history.  For my part, I am inclined to the view that Council's real mandate is less dependent on enabling legislation than on the wishes of the parties themselves.  Where a consensus emerges with time that new joint activity is required, NJC will be available as a proven, supporting forum for this activity

I often describe NJC to new audiences as a "safe place"  ---- in the sense that it provides the parties an environment where they can set aside other points of contention, talk to each other in a somewhat different way, and occasionally take risks together.  This "safe" setting, I believe, will be particularly useful to the parties as they approach the implementation phase for Bill C-25.  The Public Service Modernization Act remains, after all, framework legislation.  Many of the details of how its provisions will take life in day-to-day circumstances must still be worked out.  To capture the opportunity for genuine reform, real collaboration between the parties on these implementation issues will be required.  I would go so far as to suggest that there will be no more important test of the new legislation or of the potential of "co-development" than in the steps the parties take together in the first few months immediately following passage of C-25.  The NJC Secretariat is committed to doing whatever it can to help the parties take these steps.

NJC's most valuable contribution to HR modernization, with or without legislation, is to promote the value of co-development and to model co-operative joint processes for use elsewhere in government.  To pursue this role, the NJC Secretariat has accelerated efforts to tell the NJC's story to a wider public service audience.  Through the efforts of union and employer representatives on our Communications Committee, we have established a comprehensive communications strategy for the first time and have identified communications tools and events for priority development.  An outreach program of speaking engagements to public service audiences across the country is underway.  We are also working on consolidating communications links to departments and agencies through better use of our Liaison Officer contacts, as well as on increased accessibility to bargaining agents.  The NJC's web site is being greatly improved, as will other NJC information products throughout the coming year.

Much of our ability to expand communications activity has been due to improved funding for the NJC Secretariat.  Last fall, our efforts to address the longstanding budget crisis of the Secretariat finally bore fruit.  Through submissions to Treasury Board, we gained access to transitional funds allocated in support of HR modernization for both fiscal years 2002-03 and 2003-04.  We are confident that the 2003-04 funding, in particular, will make a tangible difference and allow NJC to be more visible and effective.  We are working now to convert these increases into permanent reference level funding in 2004-05 and thereafter, and are optimistic of success.

Beyond the new emphasis on communications, I am pleased to report a number of accomplishments and new departures over the last eight months.  Among the highlights, the parties and the staff of the NJC Secretariat....

  • launched a new Travel Directive as of October 1, 2002, with supporting training jointly developed and jointly delivered by union and management representatives on the Government Travel Committee.
  • prepared information sessions across the country to explain new support measures and revised approaches to the rental of government housing under the Isolated Posts and Government Housing Directive.
  • concluded a new Relocation Directive incorporating features of the Integrated Relocation Program pilot project into the framework of an NJC directive.
  • achieved further progress in the modernization of Foreign Service Directives, an immense project that continues into 2003-04.
  • facilitated consultations between the Task Force on the Modernization of HR Management and bargaining agent leadership.
  • worked closely with Statistics Canada to pre-test methodologies for a comprehensive program of compensation surveys in support of public service collective bargaining (through the Joint Compensation Advisory Committee).
  • initiated a full-scale review of the terms of reference for NJC Boards of Management (Dental and Disability) to align Board mandates more closely to the needs and priorities of the parties.
  • published new Guidelines on Review and Hearing of Grievances to better inform employees about the NJC grievance procedure and to assist representatives to prepare for final level NJC grievance hearings.
  • convened a first-ever meeting of Departmental and Agency Liaison Officers to discuss management involvement in NJC processes.
  • expanded the membership of the Official Languages Committee and opened a systematic review of official languages policies.

There were, as always, problems and unresolved issues.  Of these, the failure of the parties to reach a working consensus on the mandate and functioning of the Service-Wide Policy Committee on Occupational Health and Safety must be seen as a particularly serious concern.  While our regular OSH Committee has made some early progress in preparing the ground for a review of the 18 NJC health and safety directives, there is little likelihood that much can be accomplished in the wider domain of occupational health and safety in the absence of an agreement on how to give life to the "policy committee" requirements of s. 134.1 of the Canada Labour Code.  Discussions about the future of the Service-Wide Committee continued as of the end of the reporting period.  In my view, these discussions cannot afford to fail.

I remain concerned, as in previous reports, that the workings of Council and its constituent bodies are potentially susceptible to undermining crosscurrents and conflicts in the wider labour relations system.  The year ahead will be very active at the bargaining table.  In the past, the work of NJC has sometimes been hampered or brought to a temporary halt as a result of bargaining disputes.  I ardently hope that we avoid these problems in the year ahead.  I also hope that Council will be viewed in 2003-04 as an effective forum for all of its bargaining agent members, even where competition or conflict may divide some of them.

Our new Planning Agenda for 2003-04 sets us on a demanding course.  As outlined above, its primary strategic emphasis is on exploiting opportunities to support human resources modernization, communicating the NJC "co-development" message to the public service HR community, and achieving consensus on a service-wide occupational health and safety mandate.  In the more established areas of NJC activity, 2003-04 will see the final phase of the review of the Foreign Services Directives, the launch of a new review of the Commuting Assistance Directive, the possibility of further work on the Relocation Directive, and the next steps in a full-scale examination of our health and safety directives.  By year's end, the parties will also have embarked on the critically important renegotiation of the Public Service Health Care Plan Directive and its companion Trust Agreement.  Add to this mix special initiatives in joint compensation research, in modernizing mandates for NJC boards of management, and in examining issues respecting the use of official languages and employment equity ---- and we see an NJC agenda that is indeed full.

NJC is inevitably a work in progress.  Because no party is compelled to participate, NJC must constantly prove its value to its members.  I wish to express my sincerest thanks to the many representatives on both sides whose efforts and achievements justify the choice of the parties to be involved.  As for my dedicated colleagues on the staff of the NJC Secretariat, any expression of my appreciation here can only begin to recognize the value of their contribution.

Dan Butler

General Secretary

Note

For a number of years, the General Secretary's Annual Report has covered the twelve-month period beginning August 1st.  Other than "tradition" and an expectation that the July 31st closing date would allow tabling of the Annual Report by the December meeting of Council, the rationale for this somewhat unusual reporting period seems unclear ---- at least to the current incumbent!  With this edition, the Annual Report has been realigned to the fiscal year and, more importantly, to the Council's planning cycle.  Following its March retreat each year, the Executive Committee proposes to Council strategic and operational priorities for the new fiscal year in the form of a Yearly Planning Agenda.  By altering the reporting period for the Annual Report to parallel this planning cycle, it is hoped that the Report's relevance and value as part of the accountability process within Council will increase.

Because this transitional Report covers only eight months, readers are cautioned that data presented in summary tables are not directly comparable to similar information presented for full twelve-month periods in previous reports.

MANDATE

Created in 1944, the National Joint Council today includes 18 public service bargaining agents, Treasury Board and a number of "separate employers" as official members.

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

NJC processes are:

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

ACHIEVEMENTS AND ISSUES

As always, the real day-to-day work of the National Joint Council is performed by the many dedicated representatives, who are called upon to tackle issues and problems placed on the agenda of Council committees, working groups and boards of management.  Over the last eight months, many of these constituent bodies were very active, often dealing with detailed and contentious subjects ---- cyclical reviews of NJC directives, launching newly agreed directives, modernizing mandates and terms of references, upgrading communications activities and hearing employee grievances and appeals.  The representatives of the parties, ably supported by NJC Secretariat staff, compiled a strong record of achievements.  This section offers a brief summary of these accomplishments.

The work of the NJC complements collective bargaining between individual unions and employers by offering an alternative and innovative way to address issues on a public service wide basis.  This work results in over $2 billion in payments and reimbursements:

  • Public Service Health Care Plan administered by a joint Trust provides $425 million in benefits annually to almost one million Canadians
  • Dental Insurance plan reimburses over $500 in claims on average per employee each year
  • Disability Insurance Plan delivered $237 million in 2002 in support to affected employees
  • Travel Directive covers all aspects of employee business travel, including $1 billion in travel reimbursements
  • Isolated Posts and Government Housing Directive helps employees in isolated locations through travel support, rent assistance and $50 million in special allowances
  • Foreign Service Directives target $150 million in payments to address the special needs of employees who serve Canada abroad
  • Bilingual bonuses, relocation payments, commuting allowances

Communications Committee

In its second year of existence, the Communications Committee continued its work to increase the visibility of the NJC and promote the unique qualities of its collaborative initiatives.  The Committee completed a comprehensive communications strategy framework which identified key NJC messages, priority audiences and communications tools.  Committee members also prepared an inventory of existing NJC communication products, proposed improvements to these products as well as new initiatives, and developed a concrete implementation work plan for the 2003-2004.   The Committee conducted a needs survey of key users of the NJC web site which subsequently formed the basis for launching a full-scale website improvement project.  With the level of communications activity within the Secretariat increasing substantially, plans were finalized to hire an NJC Communications Officer in the spring of 2003, a first for the organization.

Foreign Service Directives Committee

Commitment and dedication were more than demanded of members of the Foreign Service Directives Committee as they completed several large projects over the period August 2002 through March 2003.  The Committee finalized Phase ll of its multi-year review of the Directives, with a significant list of improvements and clarifications taking effect September 1st 2002.  The Committee then turned, with extra contracted assistance, to the arduous task of consolidating all forty FSDs and ensuring that cross-references consistently reflect new and amended provisions.  The results of this exercise were subsequently posted on the web site in June. 

A significant amount of additional committee time was allocated to developing user-friendly summaries of the methodologies employed to calculate key rates and allowances provided by the FSD's.  These will be published later in 2003 as part of a wider NJC Secretariat project that seeks to increase the transparency of payment calculations under NJC authorities.  Considerable work was also required to reflect changes in the new NJC Travel Directive within the body of the FSD's.  In one area, the application of new provisions for business class travel to FSD – 15.04 (a) (v) Business Class Air Travel, the Committee reached an impasse which has been referred to the Executive Committee. 

Government Travel Committee

Once again, members of the Government Travel Committee have had a challenging but rewarding year with significant accomplishments to show for their efforts.  Much energy was focused on supporting the implementation of the new Travel Directive, effective October 1st   2002.  The modernization of this directive has shifted its emphasis from prescriptive rules to values and principles, a reorientation that has posed a range of transitional issues.  The Committee has invested considerable time reviewing these issues and assisting departments to manage the new approach.

The Committee also completed the cyclical review of the NJC Relocation Directive, reaching consensus on an approach to integrating provisions of the pilot Integrated Relocation Program into the NJC authority.  The new Directive took effect April 1, 2003.  Further issues raised during the course of the review are scheduled to return to the active agenda of the Committee after October 1, 2003.

Among NJC committees, Government Travel normally faces among the heaviest of routine workloads, recommending periodic revisions to rates and allowances as well as considering a continuing stream of grievances.  The Committee has assigned high priority to reducing a large backlog of cases and, working with the Executive Committee, continues to examine ways to manage its heavy workload.

Isolated Posts and Government Housing Committee

With a new chairperson with extensive personal experience in isolated communities (Burt Hunt from Fisheries and Oceans) and highly motivated members, the Isolated Posts and Government Housing Committee has been a model of effective co-operation.  The Committee completed work on Phase ll of the review of the Directive, introducing a shelter cost differential to assist employees who may face rent increases as a result of movement towards market-based rates. The Directive was implemented as of April 1, 2003, supported by a dynamic communications campaign.  Further assistance was provided to managers through on-site information sessions delivered to affected regions in the spring of 2003.

Joint Compensation Advisory Committee

The major focus for the Joint Compensation Advisory Committee throughout the reporting period continued to be the development of a methodology for conducting a comprehensive national compensation survey, with expert assistance from Statistics Canada.  Private and public sector pre-tests of basic elements of a proposed survey approach provided the parties with important insights on the feasibility of the project, and also identified fundamental methodological issues yet to be resolved.  By March, much had been achieved but considerable work remained before a decision could be made on proceeding with a larger-scale pilot survey.  Committee members have agreed to continue to press forward to refine the approach as much as possible before responsibility for the compensation research initiative is transferred to the new Public Service Labour Relations Board, as contemplated under Bill C-25.

The Joint Compensation Advisory Committee also completed and distributed a compendium of collective agreement clauses in both official languages.  This document, created at the request of the parties, is designed to assist both sides during the bargaining process.  Representatives of the parties will have an opportunity to review the compendium and advise whether this type of product, or some revised version, serves an important need in the negotiations.  The Committee continued to review proposals for other short-term research topics as well.

Joint Employment Equity Committee

The Joint Employment Equity Committee conducted an in-depth review of the Policy on the Duty to Accommodate Persons with Disabilities in the Federal Public Service during this reporting period.  Members agreed to design and implement a joint-training framework to assist with the administration of this policy, and progress was made on the content of a 2-day training program intended for this purpose.  Testing of a pilot training package is expected in fall 2003.

Selected members of JEEC and additional departmental representatives were asked to analyze the results of the 2002 Survey of Public Service Employees from an employment equity perspective.  A consultant was hired by the Committee to extract data from the survey and produce a summary report, expected over the summer.

The Committee's updated work plan approved by the Executive Committee outlined priority work in a number of areas:  the Embracing Change Action Plan, the Employment Equity Act, supporting contributions to the review of the NJC Travel and Isolated Post and Government Housing Directives, examination of the public service policies and human resources modernization initiatives from an EE perspective, and the development of learning and training events with an impact on EE designated groups.

Joint Union Employer Learning Initiatives Working Group

With its major projects completed, the Executive Committee accepted the recommendation of the Joint Union Employer Learning Initiatives Working Group that it be stood down.  The Executive expressed deep appreciation for the hard work of JUELI members and for their effective promotion of joint training initiatives.

Occupational Health and Safety Committee

In addition to hearing grievances, the Occupational Health and Safety Committee was tasked to advise the Executive Committee on a process for reviewing the 18 NJC Health and Safety Directives in light of the revised provisions of the Canada Labour Code and its regulations.  The Committee's resulting proposal to the Executive launched a preparatory examination of the directives that was intended to identify opportunities for simplification and modernization.  In addition, this preparatory stage will allow the Committee to propose a more detailed model to the Executive Committee for the conduct of a full-scale review of directives in the longer term.  During the reporting period, Committee members were also consulted on the content of a revised Occupational Health Evaluation Standard, and addressed process issues accompanying its publication.

Official Languages Committee

The Official Languages Committee continued with their commitment to improve official languages policies and promote these policies in the public service by providing advice and guidance to the employer and other stakeholders. This year, the Committee received regular updates on the progress of the "Dion Plan" on Official Languages from representatives of the Privy Council Office, presentations on the results of the Study on the Perceptions and Attitudes on Official Languages within the Public Service, an overview on the results of the 2002 Employee Survey of the Public Service from an Official Languages perspective and the Treasury Board Secretariat's (TBS) plan for the review of the current Official Languages policies suite.  This information served as a base for Committee's collaborative review of key Official Languages Policies currently in place, namely Identification of Positions' Functions, Staffing of Bilingual Positions and Language Training.  The final advice document, agreed upon by the majority of Committee members, was forwarded to the Employer for considerationThe Committee expects to be consulted further on these policies as final recommendations are considered by TBS, prior to submission to the President of the Treasury Board.

Service-Wide Policy Committee on Occupational Health and Safety

Reaching a consensus among the parties on the appropriate mandate of the Service-Wide Policy Committee on Occupational Health and Safety remained a significant challenge throughout the reporting period.  In September, the Employer Side submitted proposals to the Executive Committee to revise the terms of reference originally agreed to by the parties.  An informal meeting of representatives was convened at the request of the Executive Committee to advance discussions on the nature of the role of Treasury Board Secretariat under the OSH provisions of the Canada Labour Code, and particularly the division of occupational safety and health responsibilities between the central "Employer" and departments.  At the end of the reporting period, discussions on fundamental mandate issues were to continue both at the Executive Committee and directly between file leaders on both sides.

Union-Management Relations Committee

The principal task of the Union Management Relations Committee each year is to plan and organize the annual NJC seminar.  The Committee takes lead responsibility for developing the seminar agenda as well as for obtaining local support from the Federal Regional Council in the chosen venue.  Last year, the seminar took place in Toronto and received high praise from participants.  The main feature of the seminar was detailed discussion of the work of the Task Force on Modernizing Human Resources Management, with attendees enjoying the opportunity to provide direct input to the Task Force leadership on a range of labour relations issues.  A centrepiece address by the Minister, the Honourable Lucienne Robillard, was particularly well received and widely reported.

In 2003, the seminar moves to St. John's, Newfoundland and Labrador.  In addition to topics ranging from the future of the Public Service Health Care Plan to the unique challenges faced by public service employees in Newfoundland and Labrador, the seminar will again offer participants a direct role in debating reform and modernization issues, with the main focus of the event on implementation challenges arising out of Bill C-25, the Public Service Modernization Act

Work Force Adjustment Committee

The Work Force Adjustment Committee enjoyed a quiet eight months with only one grievance heard.  Activity levels are expected to increase in the next year as committee members prepare for the task of launching a new cyclical review of the Work Force Adjustment Directive on behalf of participating parties.

Dental Care Plan Board of Management (NJC Component)

In order to clarify and modernize its mandate, members of the Dental Care Plan Board of Management initiated a review of the Board's terms of reference.  Subsequently, this task was referred by the Executive Committee to a special working group asked to examine the common experiences and needs of both the dental and disability insurance boards.  The Dental Board also worked to make its 2001 annual report to Council more informative with increased use of charts and statistical information.  This process will continue with the 2002 annual report expected in the summer of 2003.  As always, a substantial portion of the Board's workload involved hearing appeals as part of the dental plan's administrative recourse mechanism.

Disability Insurance Plan Board of Management

The Disability Insurance Board of Management entered the reporting period dealing with the very difficult issue of plan finances and employee premiums, after receiving new information indicating that higher usage levels and other factors were dramatically depleting longstanding plan surpluses.  In a report to the Executive Committee, Board members indicated their view that an increase in premiums was justified given the trends seen in actuarial reports presented to them by both the insurer and the Office of the Superintendent of Financial Institutions.  Disability Insurance Plan premiums were subsequently increased by the Treasury Board Secretariat by 49%.  The Board will be monitoring developments very closely to determine whether this increase will restore the fiscal stability of the plan.  Board members also participated in discussions with the special working group on terms of reference and addressed their continuing workload of appeal cases.

GRIEVANCES AND APPEALS

NJC Grievances

The NJC grievance process is a successful example of alternate dispute resolution that has been in place 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 NJC directive.  Final level hearings before NJC working committees are fact-finding inquiries designed to discover whether an employee has been treated within the intent of the directive.  This contrasts with formal adjudication under the Public Service Staff Relations Act where the test more often is the meaning of the words in a collective agreement.  At the final level, committee members from both management and bargaining agent sides who co-developed the directive determine whether or not the directive has been applied as they intended.  While there is sometimes disagreement between the parties about intent, much more often both sides reach consensus about how an employee should have been treated.  This process is very different from conventional final level hearings where only one side --- management --- hears and decides the issue.

Between August 31, 2002 and March 31, 2003, 26 new grievances were filed at the third level of the NJC grievance process. (A further 26 cases were carried over from the previous year.)  Proportionately, this intake rate of new cases replicates closely the experience of the previous reporting period when 43 new grievance files were opened over a full twelve-month term.  Of the 26 new cases received between August 2002 and March 2003, 20 concerned Government Travel, 3 Occupational Safety and Health, 2 Isolated Posts and Government Housing and 1 Workforce Adjustment.

NJC also received two special requests for interpretation or clarification under section 15 of the By-laws during this period.  This procedure allows a party to seek a statement of the intent of a directive as applied to a specific situation prior to the filing of any grievance.  Of the two requests received between August and March, one related to Government Travel and the other to Occupational Safety and Health.  In the first case, the parties were asked to consider whether or not a class of employees in receipt of the daily comprehensive allowance was treated within the intent of the Directive and whether other arrangements for the training program for these employees met the intent of the Directive.  The second request for interpretation, under the Occupational Safety and Health Directives, sought guidance on the meaning of "equivalent qualifications" under the Boiler and Pressure Vessels Directive.

NJC committees and the Secretariat encountered significant difficulties in scheduling grievance hearings over the eight-month period.  Only eight cases were completed, compared to a total of 24 between August 2001 and July 2002.  To a great extent, the weight of other matters before committees accounts for this record.  Given the reality that many representatives also struggle to balance ever-increasing demands on their time from other sources, this problem is not likely to be resolved overnight.  Fortunately, fewer cyclical reviews are scheduled in the next year giving some committees an opportunity to place first priority on reducing the outstanding grievance caseload.

Of the 8 grievance cases closed between August 2002 and March 2003, 1 grievance from Official Languages was upheld, 2 Government Travel grievances reached impasses and 4 grievances concerning Government Travel, Foreign Services and Isolated Post and Government Housing were denied.  Finally, one grievance relating to the Workforce Adjustment Directive was denied on the grounds that it was untimely.  In addition, 7 grievance files, concerning meal allowances and travel expenses for temporary assignments under the Government Travel Directives, were withdrawn.

Appeals To Dental And Disability Boards Of Management

As a service to plan members, both the Dental Plan Board of Management (NJC Component) and the Disability Insurance Plan Board of Management hear employee appeals against the denial of benefits by the plan insurers.  Over the past eight months, 40 new dental appeals were received by the Secretariat, a rate closely in line with the experience of the preceding twelve months.  On the disability side, 12 new appeals were filed, comparatively less than in the previous period.  Weighing against the total number of claims made by employees under the two insurance plans, the incidence of appeals in both cases is extremely small.

From August through March, the Dental Board of Management heard 27 cases and the Disability Insurance Plan reviewed 11.  For both Boards, the appeals workload outstanding at the end of the period was broadly consistent with previous experience.  In past years, the number of cases denied has tended to outweigh the number of appeals upheld at both Boards.  This pattern continued over the last eight months with denials exceeding upheld cases by 11 to 0 in the case of the disability plan and by 15 to 10 for the dental plan.  The Dental Board of Management also encountered two appeals with unique circumstances, one that had been settled previously and one requiring additional information which was subsequently settled by the Administrator.

PUBLIC SERVICE COMMISSION ADVISORY COUNCIL

The Public Service Commission Advisory Council (PSCAC) is a separate 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 a forum for collaborative work among the parties with the goal of strengthening the staffing system and addressing other related human resources management issues. 

Council itself meets annually and did not convene during the shortened reporting period covered by this report.  Its Steering Committee, responsible for directing and co-ordinating the work of Council between annual meetings, met three times to consider policy issues raised by the PSC and to manage and review the work of various constituent bodies.

Two working groups set up during the previous year neared their reporting stage by the end of March:

Working Group on Co-development

The Working Group on Co-development approached completion of its work on a model of "co-development", a term referenced in Bill C-25, the Public Service Modernization Act, as well as in the Fryer Report which proceeded it.  The Working Group was mandated by the Steering Committee to study the meaning of the term and to suggest how co-development might be used in the public service, particularly from a staffing perspective.  In approaching this mandate, the Group endeavoured both to define co-development more clearly and to distinguish it from "joint consultation", "co-management" and "collective bargaining" in order to provide context for discussions of the future of co-development in staffing and labour  relations.  Proceeding from its definition, the Working Group developed a process model or tool to assist parties considering co-development of a particular product, placing special emphasis on attitudes and behaviours that will support and enable successful co-development. The final report of the Working Group was expected for release during the summer of 2003.

Working Group on Mobility II

The Working Group on Mobility II was mandated to study horizontal movement of employees between the core public service and separate employers and agencies.  The Group worked over the past year to better understand various aspects of the mobility "problem" and to identify and summarize impediments to mobility associated with each of these aspects.  The Group also discussed with the PSC Research Directorate the results of the Public Service Survey as they relate to mobility, and sought to explore other available empirical evidence so as to evaluate the extent of the mobility issue in the federal public service.  The report of this Working Group is also expected for release during the summer of 2003.

Two other PSCAC constituent bodies continue to monitor and advise on specific PSC initiatives:

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.  The Working Group has now prepared surveys to enable it to monitor PQP pilot projects and the ongoing implementation of the proposed recourse model in these projects.

Advisory Committee on Appointment Without Competition

The Committee advises 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."  Composed of two representatives from the bargaining agents, from departments and from the PSC, the Committee receives and reviews all pilot documentation and information, and then assists the evaluation team to devise appropriate evaluation criteria and tools.

The PSCAC is monitoring the progress of Bill C-25 in order to anticipate opportunities for collaborative discussion and study.  By the fall of 2003, the legislative framework should be sufficiently clear to permit Council and its Steering Committee to develop new work plans linked to legislative implementation challenges.  In the meantime, the PSCAC Secretariat will continue its efforts to upgrade the quality and timeliness of information on the PSCAC website (http://pscac-cccfp.gc.ca) for use by employees and managers across the Public Service. 

BUSINESS AS USUAL

As in the past, the NJC Secretariat has had a busy year convening and supporting a very large number of meetings on a wide variety of topics on behalf of the parties.  The staff of the Secretariat is proud of its reputation for excellence in meeting logistics, in preparing and distributing necessary documents and records, and in providing procedural and subject-specialist advice to committee members in order to facilitate their work.

From August through March, the Secretariat managed a total of 136 sessions (as measured by the number of days on which meetings were convened).  This number, extrapolated to a full twelve-month period, indicates that the Secretariat was even busier between August and March than in 2001-02.  Add to this record the enormous workload associated with planning and managing support for a two and one-half day national seminar for almost 150 attendees, as well as facilitating a series of ad hoc consultation meetings between the parties on special policy issues, and the resources available to the Secretariat were stretched to the limit!

RECOGNITION

At the 2002 NJC Christmas Reception, Council honoured five representatives who completed terms in NJC leadership roles during the year with certificates of appreciation:

  •   Jérôme Berthelette

Chair, Isolated Posts and Government Housing Committee

  •   Ed Cashman

Co-Chair, Joint Employment Equity Committee

  •   Phil Charko,

Chair, Communications Committee

  •   Hélène Laurendeau

NJC Vice-Chair, Employer Side

  •   Ian Mackenzie

Chair, Foreign Service Directives Committee

  •   Hani Mokhtar

Co-Chair, Joint Compensation Advisory Committee

Special citations were also awarded to members of the Government Travel Committee in recognition of their exemplary work in modernizing the NJC Travel Directive:        

Jane Roszell (Chair), Fernand Lamarche, Jacques Taillefer, Georges Dionne, Martin Grégoire, Michel Charrette, Al Mortson, Brenda Goodman, and Adèle Lacroix (Committee Advisor)

On behalf of Scott Serson, the Public Service Commission Vice-President, Greg Gauld, honoured Robert Joubert, Departmental Co-Chair of the Public Service Commission Advisory Council for his contribution.  Bob, who was instrumental in launching many of the early work projects of the PSCAC, retired from the public service in 2002 after a long and distinguished career in the HR community.

Claude Leclerc

We take this opportunity to note and celebrate the continuing contribution to the National Joint Council of Claude Leclerc, Secretary to the Bargaining Agent Side (BAS).  First appointed in 1986, Claude is now, by far, the longest serving Side Secretary in the history of NJC.  Working largely behind the scenes, Claude has the demanding task of co-ordinating support for Bargaining Agent Side activities and of advising the BAS members of the NJC Executive Committee.  Throughout the years, Claude has been one of Council's strongest advocates and has provided invaluable support to occupants of the office of General Secretary.  We all expect Claude to carry on for some time to come ---- and we insist that he continue to order the wine!

NATIONAL JOINT COUNCIL MEMBERS

Employer Side

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

Bargaining Agent Side

  • Association of Public Service Financial Administrators
  • Canadian Air Traffic Control Association
  • Canadian Federal Pilots Association
  • Canadian Merchant Service Guild
  • Canadian Military Colleges Faculty Association
  • Canadian Union of Professional and Technical Employees
  • 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
  • International Brotherhood of Electrical Workers, Local 2282
  • Professional Association of Foreign Service Officers
  • Professional Institute of the Public Service of Canada
  • Public Service Alliance of Canada
  • Research Council Employees' Association
  • Social Science Employees Association
  • UNION OF CANADIAN CORRECTIONAL OFFICERS – SYNDICAT DES AGENTS CORRECTIONNELS DU CANADA - CSN

EXECUTIVE COMMITTEE MEMBERS

Employer Side

  • Chairperson — James Lahey, Treasury Board Secretariat
  • Vice-Chairperson — Brent DiBartolo, Treasury Board Secretariat
  • Representative — Richard Watkins, Correctional Services Canada
  • Secretary  — Jacques Lemire, Treasury Board Secretariat

Bargaining Agent Side

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

NJC Secretariat

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

In Memoriam

All of us at the National Joint Council were greatly saddened late last year to receive the news of the death of Marie-Paule Scott.  Marie-Paule served for six years as Chairperson of the National Joint Council's Dental Care Plan Board of Management, working and contributing even in the face of very grave medical challenges.  In this role, Marie-Paule was treasured by all.  Among Board members and in the wider Council, she was universally known and respected for her professionalism, her passion for fairness, her impartiality and for the acuity of her judgment.  We were all privileged to have worked with such a truly remarkable soul, and her absence is greatly felt.


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Last Modified: 2003-12-17 [ Important Notices ]