SUMMARY RECORD
NATIONAL RETURN TO WORK COMMITTEE

Held in the Committee Room
Government Conference Centre
Ottawa, Ontario
Thursday, 29 May 2003

Present

Introduction

1. The co-chairs welcomed the delegates to the meeting and extended a special recognition to Mr Des Rogers who was attending for the first time.

Previous Summary Record

2. With the exception of para 4, the Summary Record of the meeting of 17 Feb 03 was accepted as read. Changes to para 4 are discussed below.

Work Force Adjustment

3. Based on input from DCEP-3, the Committee agreed that the wording to the subparas to para 4 of the 17 Feb Summary Record should be changed to read as follows:

"a. In the event that a term employee has been appointed to a position to fill in for an incumbent who is on a leave of absence, when the incumbent is ready to return to work under the RtW Program, the position is returned to the incumbent and the term employee's employment ceases (with appropriate prior notification).

b. In the event that a term employee has been appointed indeterminately to a position whose incumbent is on a leave of absence for more than one year, when the incumbent is ready to return to work under the RtW Program, the manager of the position has discretion under Section 30 of the Public Service Employment Act to retain either employee in the position. The other is then placed on a priority appointment list in an unpaid status and is given one year to find another position before ceasing to be an employee.

c. In the event that a term employee is about to become indeterminate in a position whose incumbent is on leave of absence for less than one year, the Department should endeavour to appoint the term employee to another position of the same level as the substantive position. If such a position is unavailable, the term employee should be appointed indeterminately to the position of the employee on leave, but when the original incumbent is ready to return to work under the RtW Program, the original employee should be retained, and the former term employee, now indeterminate, should be placed on a priority appointment listing in an unpaid status as per Section 30(2) of the Public Service Employment Act. A manager faced with this situation should consult the HR Service Centre for advice on how to proceed."

4. Notwithstanding the unlikelihood of the situation at (b) above occurring, the Committee was concerned that the lack of assurance for the returning worker to be offered his/her old job back was not consistent with the spirit of the RtW Program. Given that this provision is imbedded into the Public Service employment Act, it was agreed that the best way to address the Committee's concerns in this regard would be through the implementation of a Departmental policy that would specify that the managerial discretion in such cases should be in favour of the returning worker.

5. The Committee asked Ms. Barkley and Mr Stewart to collaborate on the development of a draft policy for Committee consideration. It was agreed to forward the Committee-approved policy to the next meeting of the National Health and Safety Policy Committee for endorsement and with a recommendation that it be introduced as Departmental policy.

Action: Ms. Barkley/Mr Stewart

Statistics

6. Mr Braham reported that a new reporting baseline had been derived from the national database. The Modified Duty Rate (MDR) measures the number of civilian employee days spent on modified duties per 100 employees per year. A similar baseline had been introduced for CF light duties (the Light Duty Rate, LDR). A copy of the latest statistics are attached to this Summary Record.

CF Return to Work Program

7. The management co-chair reported that a Return to Work Program for CF members was being developed by ADM (HR-Mil). The Committee endorsed this development in principle, but did express serious reservations about the potential impact of this program on General Safety Officers and other civilian RtW Program personnel if the CF Program is not managed entirely separately from the existing civilian program. Committee members agreed to review the draft ADM (HR-Mil) Instruction (copy attached) with a view to developing a consolidated Committee position for presentation to the next meeting of the National Health and Safety Policy Committee.

Action: All

Local Issues

8. Halifax: LCdr McCall noted that implementation of the RtW Program at the Formation in Halifax was still lagging, however, he noted that progress had been made and that he expected it to be up and running later in the summer of 2003. The Committee asked to be kept apprised of developments.

Action: Ms. McElveny

9. Bagotville: Mr Wilson reported on problems being experienced with the RtW Program at 3 Wing. The Committee agreed that preliminary efforts to resolve these difficulties should be focussed at the local level. Mr Wilson and Mr Champoux agreed to collaborate to try and reach a successful resolution.

Action: Messrs Wilson & Champoux

10. Esquimalt: Mr Rogers reported on a long-standing RtW difficulty at FMF Cape Breton. Based on the report, the Committee agreed that some outside arbitration could be useful in resolving this issue. The Co-Chairs asked LCdr McCall if he would convene a meeting of the principals, including representatives from the local Human Resources Service Centre, to seek an agreeable solution. He undertook to gain the necessary authority.

Action: LCdr McCall

11. Winnipeg: Mr Wilson reported on a situation that had arisen at 17 Wing Winnipeg. Once again, based on the information provided, the Committee agreed that more local effort was needed to resolve the situation. Mr Wilson agreed to coordinate further efforts in this regard.

Action: Mr Wilson

12. Gagetown: Mr Walsh reported on the situation in Gagetown wherein the Base General Safety Officer and RtW Advisor had been boycotted by the local union for crossing their picket line two years ago. This was having a serious impact upon the delivery of the General Safety Program and the local RtW Program. With the concurrence of the Land Staff Command Senior Safety Officer and the RtW Union Co-Chair, Mr Braham agreed to write a letter to the local union president seeking an end to the boycott in the interests of the health and safety of all concerned.

Action: Mr Braham

13. In the wake of this flurry of local issues and in light of the fact that they had reached the attention of the Committee in a variety of ways - both formal and informal, the Committee agreed that some guidelines should be issued for bringing items to the attention of the National Committee.

14. To ensure that local RtW issues are dealt with comprehensively at the local and/or Command/Group level before being tabled at the National RtW Committee, they should, as a general rule, be forwarded through the local RtW Advisor to the appropriate Command/Group General Safety Officer before being sent to the National Committee for consideration. In exceptional circumstances, and as an alternate, union issues may be forwarded to the National Committee through their own national offices.

Action: All for dissemination.

Well Done Awards

15. Mr Walsh reported that General Safety Well Done awards had been presented to the CFB Edmonton Return to Work Committee for its efforts to ensure an effective program at that location. He also noted that a similar award is upcoming for the CFB Suffield RtW Committee as well as an individual award to the Base RtW Advisor and General Safety Officer, Eugene Erick, for his efforts in getting the local program established. The Committee acknowledged these awards and extended its congratulations to the recipients.

Publicity

16. Mr Stewart drew the attention of the Committee to a recent article on the RtW Program in the April edition of the HR Civ News.

Departure

17. The Committee noted the impending departure of LCdr Mike McCall to retirement and extended its thanks and best wishes for his efforts on behalf of the RtW Program.

Next Meeting

18. The Committee agreed to meet 0900-1200, Friday, 14 November 2003 at a location to be confirmed.

Adjournment

19. There being no further business, the Co-Chairs adjourned the meeting at 1030.

Attachments:

Statistical Update
Draft ADM(HR-Mil) Instruction on CF Return to Work Program (English only)