Terms of Reference
1. Preamble:
Citizenship and Immigration Canada’s (CIC) senior management and the executive of each of the bargaining agents that represent CIC’s employees recognize that a co-operative labour management relationship is essential in fostering a good working environment. To this effect, they have agreed to establish a National Labour Management Consultative Committee (NLMCC) which will function in accordance with the following terms of reference. While this consultation will normally take place in a formal setting, the parties recognize that ad hoc meetings may be requested by either the representatives of labour or management to allow for the resolution of specific issues as they occur.
2. Purpose:
The purpose of the Committee is:
- To set the policy and direction of the labour management relationship and to provide an open forum for consultation on policies, programs, procedures and general employment conditions;
- To foster effective communication, and to develop an understanding of issues of concern to departmental management and employees;
- To quickly communicate information that has department-wide impact;
- To identify problems of a departmental concern and to develop a co-operative approach to their resolution;
- To discuss and consider issues brought forth by labour representatives or management, identify common interests and develop terms of reference for joint initiatives or special studies delegated to lower levels; and
- To address issues unresolved at regional level consultation meetings.
Note: Local issues must be first addressed at the local level, with issues being escalated to the regional and national levels only when they cannot be resolved at the local level. Local union representatives will liaise with their National bargaining agent representatives to place items on the NLMCC agenda.
3. Framework:
The Committee will operate in a co-operative atmosphere. The bargaining agents and management representatives will be able to express their opinions freely, without either fear of reprisal or fear that their relationship within the Department will be affected by any comments or action taken in good faith as a member of the Committee.
4. Jurisdiction of the Committee:
It is agreed that the following items are excluded from consultation:
- those which could amend, add to or modify Acts, Collective Agreements, or Regulations governing terms and conditions of employment;
- those of an individual nature; or
- those for which other formal channels of redress have been established (such as grievances, harassment complaints, staffing appeals, etc.). The parties recognize that each must carefully consider the views put forward by the other members. Labour management consultation does not imply unanimous or majority agreement, nor does it in any way impinge on management’s authority or the bargaining agent’s rights established by legislation, collective agreements or conditions of employment.
5. Composition:
5. a)
The CIC NLMCC will be comprised of senior-level representatives from management and bargaining agents. The Committee will be co-chaired by the Deputy Minister and the bargaining agent representative. The bargaining agent co-chair will be identified by the Bargaining Agents and communicated to the NLMCC. Membership in the committee will consist of:
- Management representatives:
- Deputy Minister (Co-chair)
- Assistant Deputy Ministers o Director General, Human Resources
- Director, Workplace Effectiveness/Labour Relations
- Corporate Labour Relations Advisor
- Bargaining Agents representatives:
- The Canada Employment and Immigration Union (CEIU), component of PSAC (co-chair)
- The Professional Association of Foreign Service Officers (PAFSO)
- The Professional Institute of the Public Service of Canada (PIPSC)
- The Association of Canadian Financial Officers (ACFO)
- The Canadian Association of Professional Employees (CAPE)
Committee members may invite, by mutual agreement of the Co-chairs, additional persons to attend meetings for the purpose of providing advice or information on a particular subject on the agenda. The invitation will be coordinated through the Director, Workplace Effectiveness/Labour Relations.
5. b)
Ad Hoc NLMCC will be comprised of the ADM responsible for the specific issue being discussed. The responsible ADM may invite departmental subject matter expert(s) for the purpose of providing advice or information on the matter. The Bargaining Agents representatives will be identified by each Bargaining Agent.
6. Coordination and Administration:
The office of the Director, Workplace Effectiveness/Labour Relations, will co-ordinate and provide administrative support to the Committee.
7. Frequency, Location and Timing:
The Committee will meet every 4 months or more frequently as required. Meetings will be held on departmental premises, at mutually agreed upon dates and will normally be scheduled during working hours. NLMCC members will be permitted to remotely attend through teleconference or videoconference.
8. Agenda Items:
The NLMCC Co-chairs will discuss and prepare the agenda, with input from the other committee members, in advance of each meeting. All agenda items will be subject to Committee approval at the outset of the meeting.
9. Record of Discussions:
A Record of Discussions will be produced after every meeting by the Director, Workplace Effectiveness/Labour Relations representative. A draft will be forwarded to committee members for concurrence. The Record of Discussions will be produced in both official languages and distributed in accordance with a mutually agreed upon distribution list and posted for the information of all CIC employees on the departmental intranet site.
10. Language:
Meetings shall be conducted in accordance with the Treasury Board Official Languages Policy.
11. Leave For Committee Meetings and Ad Hoc Meetings:
Bargaining agent representatives who are employees of CIC will be given leave with pay to attend the National Labour Management Consultation Committee meetings. Collective agreement provisions and/or applicable terms and conditions of employment regarding travel-time and leave for union business will be adhered to. Representatives on the committee or other employees who are invited guests shall be protected against any loss of regular pay due to attendance at meetings. When operational requirements permit, additional leave with pay for preparation and follow-up may be allowed. Additional leave will not be unreasonably withheld. The leave request will be submitted to the bargaining agent representative’s immediate supervisor/manager for approval. The supervisor/manager will consult with the Director, Workplace Effectiveness/Labour Relations for management consideration.
12. Travel and Accommodation Costs:
Travel and accommodation costs related to the NLMCC meeting shall be borne by the management and bargaining agents for their respective selected representative.
13. Review Process:
To ensure that the National Labour Management Consultative Committee meets the purpose it was established for, the terms of reference will be reviewed two (2) years after approval.
14. Approval:
These terms of reference were approved by the NLMCC at Ottawa, on March 31, 2010.