UNDE LOCAL PRESIDENTS’ CONFERENCE

REPORT OF WORKSHOPS AND PRESENTATIONS

DECEMBER 7 & 8, 2007 - MINTO HOTEL, OTTAWA

Friday, December 7, 2007:

Brother John MacLennan, President UNDE, opened the conference by updating the members on the “state of the union”, the current issues facing UNDE members and our challenges ahead.

Brother John Gordon, President PSAC, echoed Brother MacLennan’s comments in regards to collective bargaining and addressed some of the questions put forward by the Local Presidents in regards to strike action under the current legislation versus past legislation and PSAC’s constitutional right to impose fines but inability to collect.

Ms Andrée Jetté, President Vision 360 Montreal, was invited to the conference to “motivate” the Local Presidents and to provide them with the knowledge and tools in order for them to balance their personal lives with their work lives and union roles. Ms Jetté reinforced with the members that they should not feel guilty for taking time for themselves.

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Brother Craig Spencer, a PSAC Legal Officer with over 20 years experience in the Representation Branch, gave an overview of duty to accommodate (DTA) and cited jurisprudence that has been created and used over the years. When asked “what is the difference between Duty to Accommodate and Return to Work (RTW)?”, Brother Craig responded that any situation raising an unreasonable barrier to work is a variation on the theme of accommodation - be it within the substantive position, staffing or a return to work from LWOP due to injury or illness to a temporary alternate position or permanent alternate position. He added that if there is an employer policy in place that serves as a barrier, the affected employee can challenge that barrier through the grievance process and the Human Rights Commission should be contacted to preserve time limits (complaint should be filed within one year of action challenged) in the event the Commission's intervention is required in the future. There is the option of a policy grievance if this is an ongoing problem affecting many individuals who have medical support for a graduated return. Brother Craig also stated that if there are problems, the Local should contact staff at the UNDE national level and then, if necessary, the UNDE USO can follow up with the appropriate PSAC staff for advice on human rights complaints or the Representation Section on grievance language or policy grievances.

Sister Edith Bramwell, Legal Counsel with the PSAC Collective Bargaining Branch, met with the private sector/separate employer Locals and provided a very informative and detailed presentation on what constitutes harassment and the members rights and recourses when harassment occurs in the workplace. Members commented that they now have a better understanding of the various types of harassment and how to address the issue with the employer.

A plenary session was held for the Treasury Board members to update them on the bargaining issues and progress. Brother Brian Molsberry, UNDE VP MB/SK and Chair of the UNDE GLT Committee, reported on the initiatives and progress of the GLT Committee and the UNDE MAM study, and the identified the frustrations of the committee members when they have not received requested information from the Locals.

Brother Liam McCarthy, a Senior Research Officer with the PSAC Collective Bargaining Branch and currently working with the SV (Table 2) Bargaining Team provided information on a wage study and the economic increases received by other bargaining groups to date.

The UNDE members currently participating at negotiations with Treasury Board: PA (Table 1) – Sister Debbie Graham; SV (Table 2) – Brother Blair Winger; and TC (Table 3) – Brother Glen Whalley; each provided a report of progress from their respective table and responded to questions.

Saturday, December 8, 2007:

Brother Patrice Robin, President Local 525, gave a very informative presentation on the National Joint Council (NJC) Travel Directive and the members’ entitlements. Members in Local 525 have filed several successful grievances and have received financial compensation for entitlements that most members do not realize they are entitled to, ie travel to a temporary work location.

Paul Champ, an attorney with the firm of Raven, Cameron, Ballantyne, Yazbeck LLP, met with the private sector/separate employer Locals to discuss Employment Law and Wrongful Dismissal. The members felt that the discussion was beneficial to them and provided a better understanding of their rights in the workplace.

Ms Catherine Allen, a consultant who was hired by UNDE to conduct a Privacy Audit (PA) and a subsequent Threat Risk Assessment (TRA) on UNDE’s practices, provided an overview of the two reviews. This included what practices and areas where reviewed, the recommendations of the studies, and the Locals’ roles and responsibilities in protecting the members’ information and UNDE’s assets.

Sister Brenda Moore, UNDE Employment Equity (EE) Advisor to the National Executive, spoke about her frustrations with DND on EE issues and the lack of consultation on the employer’s EE plans. She reported that this is a long standing issue that UNDE continues to address at every opportunity, including the UMCC HR Sub-Committee. UNDE believes that there should be consultation at every level of the organization, however, the department does not agree. Sister Brenda identified the members’ rights and reminded the delegates that recuitment is only one part of the EE plan, and that promotion and retention are the parts that are often overlooked. Sister Moore encouraged the Locals to push for their right to consult on the EE plans and initiatives at the Local level. She also identified that she, and the Regional Employment Equity Coordinators, are available to provide assistance to the Locals on EE issues.

The final presentation of the conference was on the UNDE Harassment Policy by Sister Debbie Graham, UNDE VP NL/NB and Chair of the UNDE Bylaws Committee. Sister Debbie identified that there has been no training conducted on the UNDE Harassment Policy or for the roles of the intervenors. She then walked the delegates through the policy and explained what actions must be carried out when a complaint is received.

In closing, UNDE EVP requested feedback from the members on the weekend conference, whether good comments or needs for improvement, and thanked the members for their attendance and participation.

Brother MacLennan, UNDE National President, closed the conference by thanking the members of the COMTRA Committee (Sisters Chamberlain and Graham and Brothers Turcq and Verreault), and wishing everyone a happy holiday season.

Slide decks and handouts from the various presentations are available by contacting the UNDE National Office.

In solidarity,

M. Chamberlain
UNDE EVP / Chair COMTRA