May 29 - 31, 2007

LABOUR RELATIONS SYMPOSIUM 2007

The following PSAC/UNDE representatives attended the subject symposium: Drew Smeaton; VP CSE, Philippe Turcq; VP PQ, Brendalee Blaney, USO AB & The North/MB & SK; and Mary Chamberlain, EVP. There were several HR Advisors in attendance from DND, from the corporate and regional levels.

The symposium was sponsored by the Human Resources Council and was conducted in both plenary and workshop format.

The symposium commenced with a panel discussion comprised of: Hélène Laurendeau, Treasury Board (TB) Assistant Secretary, Labour Relations & Comepnsation Operations; Paulette Panzeri, Executive Director Human Resources Council; and, Sister Jacquie deAguayo, PSAC Coordinator Membership Represenation. Ms Laurendeau spoke about the importance of unions and consultation, and good communications in resolving workplace issues. Sister Jacquie spoke about the importance of open consultation, the sharing of information versus forcing union representatives to submit access to information requests, and that the unions “are not the enemy”. Sister Jacquie also spoke about the “legalities”. For example, she stated, don’t make things more difficult than they have to be - if someone is two days late filing a grievance on a human rights issue, accept it. Does the extension have to be argued at the Public Service Labour Relations Board (PSLRB) when we all know that it is likely that the PSLRB will grant the extension? Sister Jacquie reminded everyone that the majority of union representatives are volunteers and reinforced the importance of supporting union training as a benefit to all. Sister Jacquie also identified that a recent Public Service Commission report stated that 88.6% of recent staffing has been in casual and term positions. This action definitely deters people from getting involved in their unions.

There were several workshops offered (PDF). The workshops attended by UNDE participants are as follows:

• How to Deal with a Grievance from Beginning to End – facilitated by Drew Heavens and Ken Graham, both from Treasury Board Secretariat (TBS). There was group discussion on the legislative framework and the handling of grievances and adjudication files. Interestingly, prior to being with TBS, Mr Graham had been with DND in Trenton. (Sisters Blaney and Chamberlain attended)


• How to be an Effective Labour Relations Advisor – A group discussion facilitated by Lyne Landriault, Chief Labour Relations with Transport Canada and Claude Vézina, Bargaining Agent Representative CAPE. (Sisters Blaney and Chamberlain attended)


• Collective Agreement Intrepretation and Terms and Conditions of Employment – facilitated by Suzanne Marchand-Bigras, Senior Policy Advisor and Pierette Lemay, both from TBS. (Brother Smeaton and Sister Chamberlain attended)


• Expedited Adjudication – Chaired by Mr Casper Bloom, Chairperson PSLRB. Mr Bloom explained that before the hearing begins, as this is an “expeditied” process, parties must agree to the statement of facts, witnesses, and how the hearing will be conducted. The Bargaining Agent representative commences by presenting their arguments; Management (Treasury Board) has an opportunity to present their position and counter the Bargaining Agent representative; the Bargaining Agent then has a last opportunity to counter Management. The drawback to an expedited adjudication is that while the decision is binding on both parties, it does not set precedence and cannot be forwarded for judicial review.
  
  Following the explanation of process, a mock hearing was held using a DND case from 1998-99 from UNDE Local 629. The grievance was upheld in 1998-99 and again during the mock process. (Sisters Blaney and Chamberlain attended)
  
  
• Overview of the Public Servants Disclosure Protection Act - “The disclosure process is confidential – your indentity and other information regarding a disclosure will be protected, to the extent possible under applicable laws and certain legal principals.”
  

  http://www.psagency-agencefp.gc.ca/veo-bve/psdpa-lpfdar/index_e.asp

  (Secretarial Note: The key words “to the extent possible”. The PSAC continues to have concerns in regards to the members protection in regards to the confidentiality of the process. When in doubt, the members should seek the advice of the Bargaining Agent representatives)
  
  
• Federal Public Sector Code of Conduct Development – the development of a code of conduct is a requirement of the Public Servants Disclosure Protection Act (PSDPA) which came into force on April 15, 2007.

  http://www.psagency-agencefp.gc.ca/veo-bve/psdpa-lpfdar/faq-code_e.asp

  (Brother Turcq attended the above presentations)
  
  
• The A to Z of Performance Management (Information Session on How to Deal with Unsatisfactory Performance) – Presentation was done by the TBS representatives. The message to the HR participants was very clear. They were advised to ensure that the process for termination for cause was followed to the letter as the consequence of not doing so was that the employee was to be re-instated. (Sister Blaney attended)

The slide presentations for all workshops are to be posted on the Labour Relations Council’s website and will be shared as soon as they are available.

The closing day panel discussion focused on recent adjudication cases of interest:

GROVER/BLACKBURN: Both the following two cases dealt with the employer’s right to demand that an employee undergo a medical assessment. Can the employer discipline an employee who refuses? Can the employer terminate an employee for failing to provide updated medical information?

GROVER – upheld
http://www.pslrb-crtfp.gc.ca/decisions/summaries/2006-42_e.asp

BLACKBURN – denied
http://www.pslrb-crtfp.gc.ca/decisions/summaries/2005-150_e.asp

ZHANG: Termination as a result of a revocation of security clearance – enhanced reliability status not revoked
http://www.pslrb-crtfp.gc.ca/decisions/summaries/2005-173_e.asp

MORISSETTE: Before terminating an employee for incompetence, the importance of giving proper final warning that termination will occur if no improvement in performance.
http://www.pslrb-crtfp.gc.ca/decisions/summaries/2006-42_f.asp
http://www.pslrb-crtfp.gc.ca/decisions/summaries/2006-10_f.asp

TAILLEFER/SABOURIN: Both cases address the admissibility of video taped evidence.

TAILLEFER – denied
http://www.pslrb-crtfp.gc.ca/decisions/summaries/2006-70_e.asp

SABOURIN – upheld
http://www.pslrb-crtfp.gc.ca/decisions/summaries/2006-15_e.asp

LAFRANCE – Duty to Accommodate. Obligation of the grievor to assist in accommodation.
http://www.pslrb-crtfp.gc.ca/decisions/summaries/2007-31_e.asp

Interestingly enough, consultation, open communications and working with the unions was echoed throughout the week by several of the workshop facilitators – most of whom were from TB or senior HRs in their respective departments. What could be a cause for concern for us as labour representatives is that, when canvassed, the majority of the HR practitioners indicated that they have less than five years experience in the human resources field.

Submitted on behalf of the UNDE participants,

(Submitted Electronically)

M. Chamberlain
Executive Vice President