TERMS OF REFERENCE FOR LABOUR MANAGEMENT CONSULTATION COMMITTEES
AT THE LOCAL LEVEL BETWEEN:
The Courts Administration Service
-and-
The Union of Solicitor General Employees
AND AT THE NATIONAL LEVEL
BETWEEN:
The Courts Administration Service
-and-
The Union of Solicitor General Employees
The Professional Institute of the Public Service of Canada
The Association of Public Service Financial Administrators
The Canadian Association of Professional Employees
December 2003
(Revised June 2005)
(Revised February 2007)
(Revised January 2008)
1 - PREAMBLE
The Courts Administration Service, in conjunction with the Unions, recognizes
that consultation and problem-solving provides foundation for effective labourmanagement
relations. An integral part of this commitment is actualized through
joint consultation committees. This document provides guidelines for establishing
formal consultation committees between the Courts Administration Service and
its employee representatives and for conducting its meetings. This approach
can be instrumental in reducing, if not eliminating, mistrust and confrontation
which can be so detrimental to the working environment.
2 - OPERATING PRINCIPLES
The Unions and the Courts Administration Service recognize that these
committees are an important vehicle for facilitating the constructive exchange of
information, ideas and views to support informed decision-making and problem
solving. Members are committed to working together cooperatively to ensure a
healthy, safe, productive and respectful working environment.
Committee Values
⋅ Mutual Respect – Members respect individual differences, roles and lines of
authority in order to gain a better understanding of each member’s position. Each
member’s view and opinion is valued. Members feel free to express their views
without apprehension.
⋅ Partnership – Members cooperate and participate as equals in the process, and
share in the responsibility for making consultation work so that problems are
prevented or solved, and opportunities are identified and developed.
⋅ Equal representation – A balanced representation from each party is maintained to
avoid the perception of intimidation and to maintain equality of status.
⋅ Good faith – The committee is a partnership based on the belief in the integrity of
the parties. Members are committed to enhancing trustworthiness by following-up
on all commitments made. They avoid actions that might place other members in a
compromising position.
⋅ Honesty – Members exchange information and views to the fullest extent possible.
⋅ Communication – Members strive to maintain open lines of communication, and
use shared information in a manner that promotes positive working relationships.
Members seek opinions and advice and ensure that they understand and are
understood by the other parties.
3 - THE MEANING OF CONSULTATION
Consultation is a process of seeking and providing information on certain
initiatives, exchanging views, and discussing problems in an atmosphere of
mutual respect and trust so that problems can be identified and resolved. To be
effective, the process must be motivated by a commitment on both sides to
sharing information, to listening to the opinions and observations of the other,
and to working together to solve problems and resolve differences. To consult
does not imply unanimous or majority agreement.
4 - SCOPE AND FUNCTION
a) Committees function in a consultative capacity only. They do not in any way
restrict management’s authority, its obligation to manage, or the union’s legal
rights established by the Public Service Labour Relations Act or applicable
collective agreements.
b) Labour/Management Committees (LMC) have no authority to reach
agreements which are beyond their level of responsibility or which would have
the effect of amending collective agreements, Acts of Parliament, and
statutory regulations.
c) Consultation with those who will be affected by changes in the workplace
should occur prior to decisions being made or as soon as there is a
reasonable likelihood that change will occur. This does not in any way imply
unanimous or majority agreement among the parties on issues that are the
subject of consultation.
d) The objective is to consult on initiatives having national implications, and
recognizing the legal restrictions. Some of the more specific objectives are:
- planning of projects which affect employees;
- feeling of common purpose, and
- anticipation and diffusion or resolution of issues.
e) Management will consult the bargaining agents in discussions and/or the
development of new initiatives, strategies and policies affecting their
membership.
f) The bargaining agents will advise management of emerging issues and work
collaboratively with management to resolve them informally.
g) Consultation should promote mutual understanding, problem prevention and
problem solving. It should reduce conflict and stress and should lead to
improved understanding and learning in the context of enhancing the
relationship.
5 - RESPONSIBILITIES OF THE LABOUR/MANAGEMENT COMMITTEES NATIONAL LEVEL (with USGE, PIPSC APSFA, CAPE)
· set the tone and direction of the Labour and Management relationship;
· deal with organization wide policies, programs and strategic issues;
· discuss items referred from the Local LMCCs which have not been resolved;
· discuss items for which authority has been retained at the National level,
items which are of a policy nature, or items which have National implications;
and
· delegate authority to the Local level to discuss specific items which would
normally fall within the responsibility of the National level.
LOCAL LEVEL (with USGE)
The objective is to consult on initiatives having effect on local implications and
recognizing the legal restrictions. Some of the more specific objectives are:
a) planning of projects which affect employees;
b) feeling of common purpose and anticipation and diffusion or resolution of
issues;
c) consulting the bargaining agents in discussions and/or the development of
new initiatives, strategies and policies affecting their membership;
d) advising management of emerging issues and work collaboratively with
management to resolve them informally.
A partial list of subjects, which is not intended to be exhaustive, but which could
be appropriate for consultation is:
- consultation on new initiatives;
- proposed changes in service procedures, programs and systems which
affect employees;
- security;
- training;
- discuss items which are within their jurisdiction;
- fulfil other responsibilities as determined by the National level, and
- staffing.
6 - GUIDELINES FOR MEETINGS
A) General
Consultation is an on-going process and will be done whenever management is
contemplating changes to the workplace. This can take place through ad hoc
meetings or regularly scheduled labour/management consultation committee
meetings. Discussions on issues should begin at the earliest opportunity.
By mutual agreement, the committee may invite additional persons to attend
meetings for the purpose of providing input and information where required on a
particular agenda item.
In order to maintain a non-adversarial climate, formal proceedings such as
motions or votes shall not be used.
Meetings will normally be held on the employer’s premises during normal working
hours. Committee members shall be protected against any loss of regular pay
due to attendance at meetings. Every reasonable effort will be made to schedule
meetings respecting work schedules of committee members.
B) Frequency of meetings
Meetings will occur:
- twice per year at the Local Level (Ottawa, Toronto, Montreal, Vancouver);
with the option of having one meeting by videoconference;
- twice per year at the National Level in Ottawa;
- either party may request additional meetings as required;
- the meetings will be scheduled at the beginning of the calendar year;
- the National meeting will be held once minutes from each local meeting
have been sent and reviewed by the National Committee Members.
C) Composition
LMCCs should be limited to a reasonable number of official representatives from
each party. There shall be two co-chairpersons for each meeting. Management
and the unions shall each nominate a co-chair. The co-chairpersons, at the
request and concurrence of either party, may invite persons or speakers to
address the meeting on predetermined topics. The national committee shall be
co-chaired by the Chief Administrator on behalf of management. Except as
otherwise specified, the suggested composition is as follows (it is understood that
the substitutes or alternates at a given LMCC meeting should be kept to the
minimum. Stability in participation is part of the commitment made when joining a
LMCC.).
NATIONAL LEVEL
i) Management:
1) Chief Administrator
2) Deputy Chief Administrator - Registries
3) Deputy Chief Administrator - Corporate Services
4) Deputy Chief Administrator – Judicial Services
5) Director General, Human Resources Services
6) Senior Counsel
ii) Union Representatives:
1) USGE President
2) USGE Senior Service Officer
3) USGE Labour Relations Officer
4) Professional Institute of the Public Service of Canada
5) Association of Public Service Financial Administrators
6) Canadian Association of Professional Employees
LOCAL LEVEL
Provided representation by management and the union is reasonably
balanced, the size of the committees may vary by mutual agreement in
order to ensure the effectiveness of the meetings.
For the National Capital Region LMCC:
i) Management:
1) Director General, IM/IT
2) Registrar, Tax Court of Canada OR Registrar, Federal Court OR
Registrar, Federal Court of Appeal (rotational basis)
3) Director , Judicial Services
4) Labour Relations Officer
ii) Union Representatives:
1) President of Courts Administration Service Local Union;
2) Up to 3 members representing all unions or based on an understanding
between unions.
iii) Secretariat role:
An Administrative Assistant is to be assigned to record discussions,
agreements, decisions and commitments requiring follow-up action by the
parties. The minutes will also identify deadlines, responsibility and any issues
deferred pending further study. Draft minutes will be issued in English
(except for Montreal) to all parties for review within one month of the meeting
to permit corrections. Approved minutes will be signed by the co-chairs and
posted on the intranet in both official languages.
For the Western, Ontario, Quebec and Atlantic LMCC:
i) Management:
1) Regional Director General;
2) Labour Relations Officer;
3) Director, Operations
4) Director, Management Services.
ii) Union Representatives:
1) President of Courts Administration Service Local Union;
2) Up to three members of all Local Unions.
iii) Secretariat role:
Each local office is to assign an Administrative Assistant to record
discussions, agreements, decisions and commitments requiring follow-up
action by the parties. The minutes will also identify deadlines, responsibility
and any issues deferred pending further study. Draft minutes will be issued in
English (except for Montreal) to all parties for review within one month of the
meeting to permit corrections. Approved minutes will be signed by the cochairs
and posted on the intranet in both official languages.
D) Procedures
i) The scheduling of LMCC meetings is set between the representatives of
each party on a calendar year basis. Meetings will normally be held on
Courts Administration Service premises and will be scheduled during
working hours.
ii) For both local and national LMCC meetings, agenda items in bilingual
format, must be sent to the Secretary four weeks prior to the date of the
meeting. Each agenda item shall be sufficiently explicit and presented
along with a brief outline of the item in order that both parties may
adequately prepare for the meeting (pertinent documentation). The
preparation of the agenda is the responsibility of Courts Administration
Service.
iii) Representatives on the committees or other employees who are invited
guests shall be protected against any loss of regular pay due to
attendance at meetings.
iv) As some participants may not have the resources or information required
to participate on an LMCC, they could be provided leave with pay for
preparation or follow-up from the meeting. However, collective agreement
provisions and leave for union business must be adhered to.
v) Videoconferencing will be the norm for regional LMCC meetings.
vi) In accordance with the principle that issues should be resolved at the
lowest possible level, all items being referred to the National level must
first, if relevant, be fully discussed at the local level.
7 - REVIEW
These terms of reference are effective immediately and will be reviewed after two
(2) years by the National LMCC participants. They may also be amended at any
other time with mutual consent.
8 - SIGNATURES
Raymond P. Guenette
A/Chief Administrator
Courts Administration Service
John Edmunds
President
Union of Solicitor General Employees
Date
Date
Michèle Demers
President
Professional Institute of the Public
Service of Canada
Date
Milt Isaacs
President
Association of Public Service
Financial Administrators
Date
José Aggrey
National President
Canadian Association of Professional
Employees
Date