UNDE EVP ADDRESS TO THE BASE COMMANDERS’ FORUM

NOVEMBER 16, 2005

Good Morning. I have been asked in my capacity as Executive Vice President to speak to you today on behalf of UNDE’s National President John MacLennan. Mr MacLennan sends his regrets for not being able to be here, but he had a previous commitment.

I want to start by saying that UNDE welcomes the opportunity to speak to you in this forum; a forum which is, in our opinion, a valuable communication tool for both management and labour and is long over due.

Let me begin by providing you with a brief overview of who UNDE is and who we represent. Our membership numbers just over 15,000 Public and Private Sector employees and we provide support to the Canadian Forces in many different ways. We also represent members in the Communication Security Establishment, Canadian Forces Personnel Support Agency and Public Safety Emergency Preparedness Canada. Yes, we are diversified. Yet at the same time we are very united and one of the largest Components within the Public Service Alliance of Canada. Over the last decade or so our membership has seen and felt its share of poor Government decisions; decisions which many of you in this room have also experienced. And we recognize that some of these decisions not only had an adverse impact on our membership, but also adversely impacted on the military personnel and DND as a whole. Despite some of these controversial decisions, UNDE recognizes that both civilian and military personnel proudly continue to do their jobs.

But I am not here today to reflect on years gone by or to provide you with any negativity of poor government. I am here today to speak to you on UNDE’s perspective and how, as a Union, we are going to get ready for the forecasted challenges of the upcoming years. To get ready for the recent changes in legislation that allow you as managers to set the course for your Public Service Employees’ Careers; to hire Public Service Employees; and, the roles and responsibilities of how managers government-wide must preserve, protect and enhance Public Service Employees’ Quality of Life in the workplaces you manage.

In the new year we will realize the full implementation of the Public Service Modernization Act and changes to the Public Service Labour Relations Act, Public Service Employment Act and Financial Administration Act, which, for most part, do not have the Union’s endorsement.

Why I am saying that? Because senior managers or bureaucrats, who were the authors of the amended legislation, did not consider true meaningful consultation with any of the Federal Government Unions. This legislative review was forced on Unions and the members we represent. There are sections of the new legislation that attacks the integrity of our Union Constitution and Bylaws, and weakens and limits the rights our members when there is a dispute between labor and management. These processes and changes are, in labor’s opinion, one-sided. And, will jeopardize the harmonious relationships in the workplace if they are not practiced or managed fairly.

Over the next several years, Unions and management will be on a steep learning curve and we expect many Federal Court battles since there is no jurisprudence for either labor or management to rely on with the amended changes.

The amended legislation has eroded the rights of Public Service workers to fair, transparent competitive processes. For example, grounds to appeal only exist in two distinct areas: The Employee’s essential qualifications have not been fairly ranked, and the presence of Abuse of Authority. Although these two areas can be challenged in front of a Tribunal, the appeal process is far more limiting than in the past.

Another area of concern is the Delegation of Authority which will allow managers at a lower level to staff positions, classify positions, and the authority to dismiss Public Service workers. UNDE believes that DND managers will not have the proper ‘timely’ training, specifically when it comes to our Managers in uniform who change their positions on a very regular basis. Far too many times we have seen military managers exposed to a civilian workforce for the first time, and they are not aware or familiar with our Collective Agreements and associated legislation that governs Public Service workers’ careers and work environments. Far too many times this has put a strain on labor management relationships and [in some cases] created a poisoned work environment.

Despite the few examples I have mentioned where the Unions are not in agreement with the legislative changes, there are some pieces of the legislation the Unions do like and we will rely on those parts of the new law to protect the rights of our members.

That is, that there is now stronger language associated with the delegation of authority that will hold managers accountable, more so than ever, for any adverse or unfair actions which demonstrate Abuse of Authority. Unions are being forced, and see no other recourse, [and we are making it very clear], that we will take every recourse necessary, up to and including legal action, should any manager be found to have abused their delegated authority. Your role as managers has to be made very clear. Human Resources Advisors, such as HRBMs and CHROs, are not the decision makers on civilian human resources matters. Their role is strictly to advise you. Far too many times we have seen HR Advisors take the role of the decision makers and ultimately escaping any reprisals when something goes wrong. The new legislation now assures liability will rest with the manager delegated to make the decision and that manager will be held accountable.

We must get out of the habit of going to meetings and grievance hearings, and allowing the HR advisors to assume the role of the decision makers.

The new legislation now allows Unions to file Policy or Group Grievances on behalf of its membership. This, as you can expect, is welcomed by Unions in a very big way. There are pockets of members out there that are resistant to come forward with a complaint for the fear of reprisal from the employer. These new types of grievances will be another tool in the Union’s tool box for when it is believed that employers or managers have made an unfair or adverse decision. UNDE has already relied on this legislative change on two recent occasions.

The UNDE membership – your employees – already feel betrayed by a change to the Public Service Employment Act. A change which was originated and wholeheartedly supported by this department. Come December 31, 2005, Regular Force and Reserve personnel will be permitted to apply for the same competitions as our membership. This amended legislation was done in isolation of the nine Unions in DND without, once again, any meaningful consultation. Senior ADM HR Civ personnel have been criticized by all Unions for letting down the Public Service workforce and for not protecting our future career prospects. They have been criticized for supporting the amended PSEA, which was fast tracked to reach Royal Assent faster than we have seen Back to Work legislation passed. As you can appreciate, this will strain labor management relationships throughout the department once implemented. Despite what communications you may have read, this amendment does not sit well with UNDE or our counterpart Unions.

My last point will be new to some of you, but not to others. It must be said: “Public Service work is Public Service work.” Growing concerns from our membership have been raised where PSP employees are performing the functions of Public Service employees in the mess halls and in cleaning services. From the evidence collected, this goes against the Procurement Act, Financial Administration Act, Public Service Labor Relations Act, and the Canadian Gazette. UNDE is mandated by its membership to continue the challenge of holding managers accountable and ensuring O&M Budgets are not used to contract out Public Service work.

In closing, the Unions realize that the legislated changes will be fully implemented soon and that there is little we can do to change it now. But we can, and are willing, to work with the department, and you, for what we can achieve internally for our members.

We continue to consult on a national apprenticeship program, which has been endorsed by all Level 1 Managers! We look forward to further consultation on deployable Public Service Workers! And we look forward to co-developing future policies that will benefit UNDE members and their work environment.

Thank you. Questions.