National Executive Meeting - December 2007 - Annex 4

EVP REPORT

The following represents a chronological listing by area of responsibility of the EVP’s activities since the last National Executive meeting held the week of June 11, 2007:

June 18, 2007 – Meeting with PIPSC representatives to discuss reclassification issues in the NCR at Canada Command

June 19, 2007 – DGADR Advisory Group Meeting (report posted on website)

June 20, 2007 – Attended Local 654 Annual BBQ

June 21, 2007 – Meeting with Bell Account Representative to discuss services and available cost savings

June 22, 2007 – Pension Advisory Committee meeting

July 18, 2007 – Meeting with Bell discuss the UNDE Threat Risk & Assessment (TRA)

July 30 - August 17, 2007 – Annual Leave

September 5, 2007 – TRA meeting with consultant

September 6, 2007 – PSAC Conference Call on behalf of the UNDE National President – Update on the Government’s Sell Off of Buildings Campaign (report sent to UNDE National President)

September 10, 2007 – Introductory meeting with ADM HR Civ with the UNDE National President

September 11, 2007 – Meeting with UNDE National President, VP Ontario, and President Local 629

September 13, 2007 – CFHS LMRC

September 14, 2007 – Attended NCR Regional Women’s Conference

September 19, 2007 (morning) – Meeting with DGLRC

September 19, 2007 (afternoon) – PSAC Monthly Component PSMA meeting (report sent to VPs)

September 20, 2007 - PSAC Monthly Component ESA meeting (report sent to VPs)

September 20, 2007 – Introductory meeting with the DND Ombudsman with the UNDE National President. We addressed UNDE’s concerns with the changes to the PSEA and the Veterans’ Charter, the PSST Complaint Process, the limited career advancement opportunities for our members, contracting out of UNDE members’ work versus in-house capabilities, a National Apprenticeship Program, and the DND Harassment Policy.

September 24, 2007 – TRA meeting with consultant

September 24, 2007 – Meeting PSAC Standing Discipline Committee

September 24, 2007 – Meeting PSAC Collective Bargaining Branch reference UNDE’s PSLRB complaint

September 28, 2007 – TRA meeting with consultant

October 2, 2007 – DGADR Advisory Group Meeting (report posted on website)

October 3-4, 2007 – PSAC NBoD

October 10, 2007 – PSAC meeting on behalf of the UNDE National President – Update on the Government’s Sell Off of Buildings Campaign (report sent to UNDE National President)

October 10, 2007 – Final TRA meeting with consultant

October 11, 2007 – PSAC meeting on behalf of the President UNDE – Treasury Board Collective Bargaining Update (report sent to UNDE National President)

October 16, 2007 – UMCC HR Sub-Committee (report posted on website)

October 24, 2007 – Meeting with DGLRC to discuss excluded positions in the Minister’s office

October 24, 2007 (afternoon) – PSAC Monthly Component PSMA meeting (report sent to VPs)

October 29, 2007 – COMTRA Committee Meeting

November 1-3, 2007 – Attended the PSAC NCR Leadership Course Phase II. The three-day session was very informative and educational. One of the discussions dealt with situations when the union’s position on an issue conflicts with a component or a group of members. The example used was the demonstrations at DND workplaces in support of anti-poverty and the war in Afghanistan. The UNDE members in attendance vocalized the component’s position very well and all members, regardless of component, felt that the discussion was beneficial in understanding UNDE members’ concerns. All members should be encouraged to take the opportunity to attend the Leadership Training Program when the training is offered.

November 4, 2007 – Attended the All Teams meeting on behalf of the UNDE National President (report sent to UNDE National President)

November 5, 2007 – CFHS ESA negotiations. The initial proposal submitted by CFHS consisted of 288 positions, a significant increase from the last round of collective bargaining. UNDE EVP addressed our concerns on the increase to DGLRC and a review was deemed to be in order to determine if the proposals met compliance with the act. The subsequent proposal that came to the table consisted of 198 positions, still a significant increase. The department stated that the increase was due to several reasons: the establishment of the civilian CDU Clerk positions which eliminated the use of the 3rd party service provider; the reclassification of the Addiction Counsellors from SI 03 to WP 03; and the civilianizing of some military positions. Negotiations have been postponed pending additional information.

November 6, 2007 – PSAC DQPS meeting on behalf of the UNDE National President (report sent to the UNDE National President)

November 7, 2007 – PSAC Table 3 Social

November 8, 2007 – PSAC Founder’s Day

November 21, 2007 – Meeting with NDP MP Dawn Black and the UNDE National President, to discuss the IMP contract, the contracting/franchising issue at some CANEX outlets, and TB collective bargaining and national rates of pay

November 22-25, 2007 – Attended PSAC National Women’s Conference in Toronto

November 26-27, 2007 – Attended Ontario Federation of Labour Convention in Toronto

November 29, 2007 – DRDC ESA negotiations

December 2-6, 2008 – UNDE National Executive Meeting

December 7-8, 2007 – UNDE Annual Local Presidents’ Conference

Staffing concerns. National Office continues to raise staffing concerns as they are brought to our attention. However, we are receiving very few examples of military qualifications being used or perceived abuses. The majority of the concerns received have been from two regions.

Excluded Positions: In conjunction with essential services negotiations, UNDE EVP has continued discussions with DGLRC in regards to current long-standing and newly proposed excluded positions. Over the past year, a review of the HR excluded positions was conducted, many of these positions have now been de-excluded and proposals have been withdrawn by the Department. Effective September 1 and October 1, 2007, 34 long-standing Administrative Assistant/Secretary positions were de-excluded and returned to the bargaining group. The EVP continues to review the excluded positions list and prepares arguments for the PSAC in support of de-excluding current excluded positions and to counter new proposals.

Essential Services Negotiations: There were numerous inconsistencies across the department in regards to Local negotiations and many problems were identified. As a result, in October 2007 PSAC filed a complaint on behalf of UNDE Table 1 and Table 2. No significant progress has been made in national negotiations. CFHA was completed in the spring of 2007, CFHS has been started, but many proposals remain outstanding because of a lack of accurate information.

COMTRA Committee:

The COMTRA Committee, Sisters Debbie Graham, Linda Graham (Resource), Brothers Turcq and Verreault, and UNDE EVP (chair), met on October 29, 2007 to deliberate on the agenda items submitted by the Local Presidents for the Annual UNDE Local Presidents’ Conference (proposed agenda attached).

The UNDE Grievance Modules (7 and 8) have now been delivered to the majority of the UNDE Regions.

A database has been created to record training conducted in the regions and the members attending. VPs are encouraged to ensure that National Office receives a final list of participants following any training activities funded by UNDE. To date, the members’ claims have been used as substantiation to update the database. Information in the form of an attendance list from the Vice Presidents would be most beneficial for maintaining the currency and accuracy of the database.

Threat Risk Assessment (TRA): Completed. One of the recommendations was that UNDE appoint a Security Officer and develop a Security Policy. UNDE National President has taken on the role of Privacy Officer and assigned the Security Officer responsibility to the EVP. The Security Policy is being developed (to be presented at the spring national executive meeting).

The Privacy Policy and the UNDE Internet Policy are still under development by EVP and VP CSE (to be presented at the spring national executive meeting).

The consultant, Ms Allen, will attend the UNDE Presidents’ Conference to brief the members on the ins and out of the privacy audit and the TRA and the members’ responsibilities to meet compliance with both.

AEU Staff Relations:

November 8, 2007 – PSAC Founder’s Day. Sister Bev Gallagher was recognized for her 30 years of service to the membership. Brother Pierre Lafleur was recognized on his retirement (effective March 2007).

Staff Job Descriptions: As previously directed by the NE, the staff’s job descriptions have been reviewed, rewritten to more accurately reflect their day to day activities, and have been agreed to with the individual staff members and both AEU representatives. The classification review is currently on hold pending final approval of the UNDE National President and the President AEU. The UNDE National President’s schedule and the President AEU’s schedule have not afforded an opportunity for a meeting.

The UNDE EVP again requests that the EVP, in the capacity of Office Manager, be advised when meetings requiring USO participation are scheduled in order to properly administer the AEU 14 collective agreement and the staff resources. Incidents of the EVP not being aware of staff requirements continue to arise even though this same request was made at the UNDE NE meeting in November 2006.

UNDE Convention Resolutions:

Resolution 181 – National Classification website. An email was sent out to the UNDE National Executive identifying perspective problems prior to the June 2007 NE meeting, no additional input has been received since June 2007 report. Work descriptions are added to the bank as they are received at the national office, but very few new WDs have been received from the Locals.

Mary Chamberlain, EVP

Staff (USO) Reports:

Beverly Gallagher (ON and NCR)

REPORT OF ACTIVITIES SINCE LAST NE MEETING

• Answered telephone and e-mail queries
• Problem solved with my DND counterpart in DGLRC
• Prepared grievance hearings
• Represented members at grievance hearings
• Read relevant documentation to keep abreast of new information

The summer was slower in terms of grievances. However, in September, I was reassigned the remainder of the Ontario Locals and the grievances that came along with it. I therefore currently have 20 grievances waiting to be heard. My counterpart at DGLRC has since left and in his last month was tasked with closing all of his ongoing files. His replacement is now being brought up to speed and is unavailable for any hearings until December 10th. Some workplace related issues have been resolved through discussions, therefore avoiding the filing of grievances and resulting in the withdrawal of some others. I am still awaiting a response from DGLRC to two grievances; one that was heard last November 15th and the other on January 24th, 2007.

The breakdown of grievances for Ontario is as follows:

• 20 day suspension = 1
• Letter of misconduct = 1
• Harassment = 8
• Discrimination = 1
• Abuse of authority = 2
• Reimbursement of driver’s license = 1 group
• Reimbursement of medical certificate = 1 group
• Overtime meal allowance = 1 group
• Forced sick leave without pay = 1

The breakdown of grievances for the NCR is as follows:

• Harassment = 1
• Abuse of authority = 1
• Acting appointment = 1

Brendalee Blaney (West)

The following reflects a list of activities for the period 1 April 2007 – 30 November 2007

Reviewed 41 files under the following subjects:

Termination - Carry-Over of Leave
Vacation Leave Policy - Effective Date of Reclassification
Discrimination - Rejection on Probation
Harassment - Indefinite Suspension
Work Description - Violation of DAODs
Integrated Relocation Directive - Staffing – Duty to Accommodate
Abuse of Authority - Sexual Harassment
Verbal Abuse - Shift Change Premium
PRR - Overtime Compensation

During this time I also had the opportunity to conduct Chief Shop Stewards Training/Grievance Handling Courses for Alberta and BC and Manitoba and Saskatchewan; attended the Prairie Council of Locals, attended Learning to Mediate: From Interests to Insight training course at Carleton University.

Also attended a number of meetings, as required.

I also responded to numerous inquiries from members/representatives in the field either by telephone or email including those from the Ontario region during the absence of my colleague.

Lucette Charron (Quebec)

Please find hereunder my activity report covering above-noted region, British Colombia & Ontario West Regions (Local: 629; 635; 637; & 641).

During the above period, I handled grievances pertaining to following subject matter:

• Sea Trials – 1
• Rate of Pay on appointment – 1
• Year end of rounding off of vacation leave - 1
• Performance Review – 1
• Non-renewal of term – 2
• NJC Travel Directive – 5
• Discrimination - 1
• NJC Relocation Directive - 1

In addition, I provided advice/guidance to Locals &/or National Officers in the above regions and including other regions when the responsible officer(s) was on leave on a variety of subject including interpretation of collective agreements, PSST & NJC Directive(s). I also co-facilitated the Module 8 - TB Grievance procedures in Calgary, Alberta in September 2007.

Paul Dagenais (Classification)

Classification Grievances: form April to November: 37 out of the 37, 6 were Upgraded, 6 were Withdrawn or postponed, 12 no change, 13 not responded yet.

The Monitoring in Ontario: 130 position as identified for UNDE 71 confirmed,34 revised group and level, 11 revised rating, 14 Other. Out of this 32 salary protected 41 grievance rights.

The biggest part of them is in Trenton, where I have been in contact with Brother Turner, and DCCO.

For classification all together, I have a good relation with DCCO and espasily the responsible of the grievance that was there, is replacement, I think will as good as the last one.

DCCO is working on guideline and a course for the short WD. It should be finishes before the new hear.

Zone grievance: we received as of now 1 group grievance from Toronto, 1 Winnipeg, and 2 from Québec region.

The MP’s visited that I know of are from the Quebec region visited be Brother Lipari are: Mme Vivianne Barbeau, M.Claude Bachand, M.Mario Laframboise and M.André Arthur.

About the black PSAC T-shirt we have some complain in all regions because qty is not enough for every member on table 2. Members are happy about both video, again the only feed-back I have is form the Quebec region.

MAM classification study: the package is done for my part, we need to have copies made and send it. A date as to be schedule, by John with the CPSA to presents it to them.

PSST complaint: that we have knowledge in the office: Quebec 6, NCR 3, Nova Scotia 4, Alberta&North, 4 Ontario 4, New Brunswick 1, B.C. 1.

Out of them 6 withdraw, NCR 1 went to the tribunal and is waiting a respond, the rest I don’t know. From my experience the department and PSC are arguing the Abuse of authority, this is the only subject that we can argue at the tribunal (and the language), they are wheel prepare for that. But in the submission from PSC it says the following :

Pursuant to ss. 77(1), employees in an internal appointment process have recourse rights before this Tribunal to file a complaint that there has been an abuse of authority.

Pursuant to subsection 15(1), deputies are delegated the authority to appoint, and with that the ability, following investigation, to revoke appointments and take corrective action where the deputy is satisfied that an error, omission or improper conduct affected the selection of a person for appointment in an internal process [ss. 15(3)]. By specifically including the elements error, omission or improper conduct in ss.15(3), the legislation has provided the Deputy Head with the authority to address potential problems in a staffing process. Therefore, if employees have concerns with respect to the staffing process but do not think that this situation is one of abuse of authority, subsection 15(1) provides the opportunity for an employee to put his or her concerns before the deputy head (the PSC delegate) and request that the concerns be investigated.

Section 67 is located in the Part of the Act entitled “Investigations and complaints relating to appointments”. Under subsection 67(1), the PSC may investigate an internal appointment process other than one conducted by a deputy head acting under subsection 15(1) (emphasis added), and if it finds an error, omission or improper conduct, it may revoke or not make the appointment and take any corrective action it considers appropriate. It is therefore clear that for internal appointment processes where the power to appoint has been delegated to deputy heads, the power to investigate and take corrective action which is held by the PSC under subsection 67(1) has also been delegated to the Deputy Head by section 15.

Would it be better to go this way and if the Deputy Head doses not remedy the problems, put in a complaint to PSC?

Anne-Marie Lusignan (Quebec and Atlantic)

WESTERN REGION

1 grievance from Shilo was finalized in October 2006
DGLRC HAS YET TO ISSUE A FINAL LEVEL RESPONSE.

28 grievances outstanding from 2005 and related to the same grievor have not yet been completed. Many attempts were made to have DGLRC commit to mediation. UNDE had to advise the grievor that no mediation would be considered, since DGLRC would only reimburse losses under the Collective Agreement.

UNDE is waiting for DGLRC to respond to all the grievances at their earliest.

ATLANTIC REGION

Since June 2007 – twenty two (22) grievances were scheduled and finalized.

Nine grievances have been replied to.

UNDE has had but one meeting with DGLRC and attempts to schedule more hearings are on the way.

Grievances I have mediated since spring have finally been completed to the grievors’ satisfaction.

I am presently, reviewing and researching active grievances in my office, which will be scheduled at the final level in the near future.

QUEBEC REGION

Since the UNDE change-over in September of the Quebec region to Sister Lucette, I have 40 grievances remaining under my jurisdiction that must be scheduled and finalized with DGLRC.

The Vice President for Quebec has a list of the outstanding grievancesfiles and UNDE continues to pursue DGLRC to forward a schedule of hearing dates. UNDE believes the DGLRC representative has too heavy a workload to meet the demands of scheduling meetings with Lucette, Paul and myself.

Subject matters continue to cover: disciplinary actions; vacation leave; acting; dangerous goods; staffing; call-back; Isolated Post Directive: Travel Directive; end of long-term employment (over 3 years); DND-404; retroactive date; harassment; discrimination; overtime;

During this period, all mediation files have been completed to the satisfaction of the grievors. I also participated in the Nova Scotia Regional Conference October 18 – 21, 2007.