National Joint Council
National Joint Council

NJC By-Laws

Effective date June 7, 2006

Table of Contents

Statement of Principles and Intent

Principles and Objectives

To facilitate effective information sharing, consultations and co-development through NJC, the parties will be guided by the following principles and objectives:

Information Sharing

  • In support of positive relations, the parties will exchange information deemed to be of mutual interest.

Consultation

  • Consultation involves information sharing but is primarily aimed at obtaining feedback, advice, and suggestions on planned policies or activities. Consultation can lead to changes, but does not eliminate the authority of the party doing the consultation to make the decision.
  • Consultation is intrinsic to good employer/bargaining agent relations and should occur at the initial stages when an activity is contemplated. Consultation should continue for the duration of the process and the outcome of consultation should not be pre-determined. Consultation should not be used to communicate decisions already taken.
  • Effective consultation will not always lead to agreement or advice being accepted. Consultation should, however, lead the parties to a better understanding of each other's interests and to why decisions were taken.
  • After listening to each other and receiving feedback or input during consultation, the parties will communicate with each other as to why certain inputs cannot be acted upon, and will maintain dialogue about the progress of decisions taken.

Co-development

  • Co-development may result in the creation and/or the amendment of an NJC directive, the creation of employee programs, the creation of joint trust arrangements, or other actions agreed by the parties. Acknowledging that the NJC has no executive powers, the objective of co-development will be to produce joint recommendations to the appropriate executive body of government.

Section 7 of the By-Laws deals with the referral of subjects or items to the Council while Section 8 covers the input process for these subjects or items. It is agreed that for purposes of clarity, these sections would be applicable to matters subject to co-development only, including those identified by the Executive Committee at its yearly planning session and those matters subject to triennial review.

Yearly Planning Agenda

In addition to confirming those matters which will be subject to triennial review, the parties agree that a yearly planning agenda will be established by the Executive Committee for the approval of Council to identify subjects for consultation and co-development. The purpose of the Yearly Planning Agenda will be to ensure that the NJC is well positioned as a strategic forum, by jointly identifying service-wide issues which can be resolved through the NJC forum, as well as by providing advice to the employer on the implementation of human resource priorities.

1 Application

1.1 General

1.1.1 The By-Laws shall be applicable:

(a) to the Treasury Board and to the certified bargaining agents for bargaining units for which the Treasury Board is the employer; and

(b) to separate agencies who participate in the National Joint Council (Council) and to those certified bargaining agents for bargaining units for which the separate agency is the employer, to the extent that Council's By-Laws are not modified by the separate agency addendum (Appendix B)

2 Membership

2.1 Council Membership

2.1.1 At Council meetings only the member or alternate member shall attend and be recognized as the official representative of their organization. Advisors may attend but shall not actively participate in Council discussions.

2.1.2 Alternates of the chairperson and co-chairperson of Council may attend meetings of Council as active participants.

2.2 Committee Membership

2.2.1 The sides of Council shall be entitled to an equal number of representatives on each Council committee, but numerical equality shall not be a prerequisite to the functioning of a committee.

2.2.2 A quorum of the Executive Committee and other Council committees shall be comprised of two members from each side.

2.3 Boards of Management Membership

2.3.1 The membership and quorum for boards of management shall be as stated in the agreement establishing the respective board.

2.4 Temporary Observers

2.4.1 The Executive Committee may grant to a Bargaining Agent or Separate Agency who are not currently members of Council who may be considering membership in Council Temporary Observer status at meetings of Council or at meetings of a committee of Council for a period to be determined at the discretion of the Executive Committee.

2.4.2 Temporary Observers may participate in discussions at Council or at a meeting of a committee of Council but shall not participate in any formal decisions of Council or of a Council committee.

3 Executive Committee

3.1 General

3.1.1 The Chairperson of Council shall be the Chairperson of the Executive Committee.

3.1.2 In the absence of the Chairperson, the Co-chairperson of Council shall assume the chair for meetings of the Executive Committee.

3.2 Meetings of the Executive Committee

3.2.1 The Executive Committee shall endeavour to hold monthly meetings and will meet no less than six (6) times per year. A schedule of regular meetings for each year shall be determined and approved by the Executive Committee before the year begins. Upon the call of one or more members, a special meeting shall be convened by the General Secretary.

4 General Secretary

4.1 General Duties

4.1.1 The General Secretary shall:

(a) be responsible for the operation of the office of the General Secretary;

(b) be responsible for the development and maintenance of Council files;

(c) carry out duties required to support the activities and operation of Council.

4.2 Term of Office

4.2.1 Any person appointed to the position of General Secretary on or after the coming into force of these By-Laws shall be appointed for a period not exceeding five years. Where necessary to facilitate the transition to a new General Secretary, this period may be extended by the Executive Committee.

4.3 Agendas

4.3.1 The General Secretary or his/her delegate shall distribute an agenda in both official languages for each meeting to members of Council and the secretaries of each side.

4.3.2 Proposals for new agenda items for Council shall, as far as possible, be made in writing to the General Secretary.

4.3.3 The General Secretary or his/her delegate shall distribute an agenda, in both official languages, to all committee members for each meeting of their respective committee. The agenda shall list all matters which have been referred for consideration in accordance with these By-Laws.

4.4 Minutes and Reports

4.4.1 The General Secretary shall ensure that the minutes and reports of Council and all Council committees and boards are prepared in both official languages, and distributed to Council participants who have indicated that they wish to receive copies.

4.4.2 The General Secretary or his/her delegate may distribute minutes and reports to other persons for whom a need for such material is established.

4.5 Secretary to Council

4.5.1 The Secretary to Council shall be appointed by the Executive Committee on the recommendation of the General Secretary from the staff of the NJC Secretariat.

4.5.2 The Secretary to Council shall provide administrative and professional support to Council and the Executive Committee and perform such other duties as are delegated to him/her by the General Secretary or the Executive Committee.

5 Side Secretaries

5.1 General

5.1.1 It will be the responsibility of the bargaining agents to keep the Secretary, Bargaining Agent Side, advised in writing of any change in the names, addresses and telephone numbers of their representatives and their alternates on Council.

5.1.2 It will be the responsibility of the employers to keep the Secretary, Employer Side, advised in writing of any change in the names, addresses and telephone numbers of their representatives and their alternates on Council.

6 Council Committees

6.1 Organization of Committees

6.1.1 Subject to Council agreement, the Executive Committee shall:

(a) establish, amalgamate or dissolve Council committees;

(b) set the terms of reference and size of committees;

(c) appoint chairpersons and secretaries.

6.1.2 Each side shall appoint its own members to committees.

6.2 Committee Chairpersons

6.2.1 Committee chairpersons shall not represent either side at Council in conducting committee business.

6.2.2 Committee chairpersons, or their designate, shall attend the meetings of Council to report progress on their committee's activities and/or to submit recommendations.

6.2.3 Committee chairpersons shall preside over meetings of the committee and ensure that the committee remains within the scope of its terms of reference and agenda.

6.2.4 Committee chairpersons shall facilitate the building of consensus and smooth functioning of the committee and resolve any issue regarding attendance of non-members.

6.2.5. In the absence of the chairperson, a committee member may be designated to preside over a meeting where agreed by members of the committee. A committee member so designated shall not represent the interests of a party when presiding over a meeting. Where no committee member is designated to preside, the General Secretary may with the agreement of both side secretaries preside over a meeting in the chairperson's absence.

6.3 Committee Secretaries

6.3.1 Committee secretaries provide administrative and professional support to committees and other constituent bodies of Council and are responsible for the preparation and delivery to the General Secretary of committee minutes and reports within the time limits as established by the Executive Committee.

6.4 Committee Members

6.4.1 Committee members are expected to take an active part in the work of their committee. Committee work shall be recognized as part of the member's regular duties.

6.4.2 Committee members shall actively represent the full interests of their side within the terms of reference established for each committee.

6.4.3 While it is expected that committee members will attend a majority of committee meetings, it is understood that there will be occasions when attendance will be impossible. In such cases the member shall advise the committee chairperson of the name of the member's replacement, if any, for that meeting.

6.5 Technical Advisors

6.5.1 The Executive Committee may appoint technical advisors to committees. A technical advisor assists the work of the committee and does not formally represent the interests of a party in committee proceedings.

6.5.2 A technical advisor may take part in the discussion of the committee, but shall not be considered a member in order to reach consensus.

7 Referral of Subjects or Items to the Council for Consultation

7.1 General

7.1.1 For the purposes of these By-Laws subjects are those which are listed in Appendix C. New subjects as approved by Council shall be deemed to form part of the appendix.

7.1.2 Subjects listed in Appendix C which are deemed to form part of collective agreements may stand as National Joint Council directives.

7.1.3 National Joint Council directives are agreements resulting from Council consultation containing terms and conditions of employment which are deemed to be part of collective agreements.

7.1.4 New subjects are ones which require new directives and shall be deemed to form part of Appendix C.

7.1.5 Items are existing provisions contained within the subjects as listed in Appendix C.

7.1.6 New items are new provisions which do not amend or amplify existing items within a directive.

7.2 Methods of Referral

7.2.1 When Council agrees that a subject or item is appropriate for consultation, there are three ways that a subject or an item may be referred:

(a) through the cyclical review process (see 7.3.1);

(b) direct referral by agreement of Council (see 7.4.1);

(c) when required by the terms of reference of a committee.

7.3 Cyclical Review Schedules

7.3.1 The Executive Committee shall establish and maintain a cyclical review schedule of directives and plans consulted in Council. Proposed revisions to the schedule shall be submitted to Council for approval at its next meeting. Schedules shall include the following:

(a) a list of directives and plans, which are subject to periodic review;

(b) the effective date of each current directive or plan;

(c) the review cycle which applies to each directive or plan;

(d) the target date for any new or revised directive or plan resulting from the next cyclical review;

(e) the date by which input from the sides for the next cyclical review is required to reach the general secretary; and

(f) the date that consultation for the next cyclical review shall commence.

7.4 Council Referral

7.4.1 Council may refer the following for consultations:

(a) an existing subject;

(b) an existing subject containing a new item;

(c) a new subject.

7.4.2 Parts 8 and 11 set out the sequence and procedures to be followed when subjects or items are referred for consultation in accordance with the methods of referral (see subsection 7.2.1 (a) or (b)).

7.4.3 When Council has agreed to initiate formal consultation on a new subject, the Executive Committee may:

(a) decide to deal with the new subject at the Executive Committee;

(b) refer the new subject to an existing Council committee; or

(c) establish an ad hoc committee or standing committee if no existing Council committee is appropriate to deal with the new subject.

7.4.4 The opting period for a new subject shall be established by the Executive Committee.

7.4.5 Section 9 shall govern the referral for consultation of a new item outside the cyclical review schedule.

8 Input

8.1 Timing

8.1.1 Six months prior to an input date, the General Secretary shall advise all Council members of the requirement for input. On agreement by Council this input period may be modified.

8.1.2 Input dates are set by the Executive Committee and the General Secretary shall advise all Council members of said dates.

8.1.3 Employer and bargaining agent side input on an existing subject or a new subject shall be delivered to the General Secretary over the signature of the respective Side Secretary.

8.2 Input on an Existing Subject containing New Item

8.2.1 When the bargaining agent side input contains a new item, that new item shall have the unanimous support of the bargaining agent side and bargaining agents shall agree not to opt out of consultation on the new item. Where unanimous support does not exist the new item shall be removed from the input.

8.2.2 The input shall be delivered to the general secretary over the signature of the bargaining agent side secretary.

8.2.3 The employer side input containing new items shall proceed to the opting phase. The input shall be delivered to the general secretary over the signature of the employer side secretary.

9 Opting

9.1 General

9.1.1 Within fifteen calendar days of the receipt of input, the General Secretary shall identify to all members of Council:

(a) the complete input on a new or existing subject, if any;

(b) the proposed items contained in the input of either side which are considered to be new in respect of a subject contained in the cyclical review schedule for an existing directive.

9.1.2 The period of opting shall be for a minimum period of two years or such greater period as agreed to by the Executive Committee and shall be specified in the General Secretary's letter. (see 7.4.4).

9.1.3 The General Secretary's letter shall request members to indicate either that they wish to participate in National Joint Council consultation of the subject and any new items proposed by the other side or deal with the subject or new items within that subject at the bargaining table rather than through Council consultation. Members failing to do so will be deemed to have opted in.

9.1.4 Opting does not apply to the following subjects or items which may be referred to Council for consultation:

(a) subjects or items which cannot be included in collective agreements;

(b) subjects or items which the Executive Committee agree are minimal provisions and may be improved upon through collective bargaining;

(c) subjects or items which the Executive Committee agree should not become part of collective agreements.

9.1.5 Employer members shall within 30 calendar days from the date of the General Secretary's letter (see 9.1.1) advise the General Secretary whether they opt to consult on the full subject at Council.

9.1.6 Bargaining agent members shall within 30 calendar days from the date of the General Secretary's letter (see 9.1.1) advise the General Secretary as follows:

(a) whether they opt to consult on the full subject at Council in respect of all bargaining units for which they are certified; or

(b) whether they opt to consult on the full subject at Council in respect of certain bargaining units for which they are certified.

9.1.7 Where an employer or bargaining agent member does not participate in Council consultation of an existing subject at the time the General Secretary's letter is sent (see 9.1.1), the employer or bargaining agent member shall be deemed to continue to opt not to participate in Council consultation of the subject. Where such an employer or bargaining agent member wishes to return to Council consultation, the provisions of section 13 (Return to consultation) apply.

9.1.8 When a bargaining agent member, other than a bargaining agent member to which subsection 9.1.7 applies, has not responded to the General Secretary's letter within 30 calendar days, it shall be deemed to have opted to consult at Council the subject and any new item proposed by the employer side in respect of all bargaining units for which it is certified.

9.1.9 When an employer member, other than an employer member to which subsection 9.1.7 applies, has not responded to the General Secretary's letter within 30 calendar days, it shall be deemed to have opted to consult at Council the subject and any new item proposed by the bargaining agent side.

9.1.10 In response to the General Secretary's letter in subsection 9.1.1, a bargaining agent may advise the General Secretary that it opts to consult at Council a subject in respect of all bargaining units for which it is certified, with the exception of a new item contained in the employer side input.

9.1.11 When one or more bargaining agents advise the General Secretary in accordance with subsection 9.1.10, the General Secretary shall notify the employer side.

9.1.12 When the employer side receives notification in accordance with subsection 9.1.9, the employer side may remove the new item from the input or agree that the new item be referred for consultation.

9.1.13 When the new item is referred to consultation in accordance with subsection 9.1.12, any agreement in regard to that new item shall not apply to any bargaining agent who opted out in accordance with subsection 9.1.10.

9.1.14 Bargaining agents opting in favour of Council consultation undertake to refrain from making a collective bargaining proposal concerning items contained in the current directive or policy under Council review. The period of opting shall be for the cyclical review period referred to in subsection 7.3.1.

9.1.15 In response to the General Secretary's letter in subsection 9.1.1 and in keeping with the provisions in subsection 9.1.5, the employer side shall have the right to refuse to consult on any new item identified by the general secretary and contained in the bargaining agent input for an existing directive. The item shall then be removed from the input prior to referral for consultation and bargaining agents shall be free to make collective bargaining proposals in regard to that item.

9.1.16 When the employer side or the bargaining agent side do not agree that an item identified by the General Secretary is new, or, is of the opinion that an item in the input for an existing directive should have been identified as new, they shall so inform the General Secretary within ten calendar days of the date of the letter (see 9.1.1).

9.1.17 When the General Secretary receives notification in accordance with subsection 9.1.16, the Executive Committee shall be advised and shall meet to consider the question.

9.1.18 When the Executive Committee cannot reach agreement, the dispute resolution process outlined under section 11 shall be followed.

9.1.19 When there is agreement at the Executive Committee or a decision is rendered by an arbitrator, the General Secretary shall re-issue the letter (see 9.1.1) advising as to whether the item is new or not and establishing a new date for response.

9.1.20 When bargaining agents, in respect of all of the bargaining units for which they are certified or a single unit, opt not to take part in consultation, the resulting directive shall have no effect in regard to those bargaining units.

9.1.21 When bargaining agents, in respect of all or any of the bargaining units for which they are certified, opt out of Council consultation on a subject, the respective bargaining units shall continue to derive benefits and privileges from the Council agreement on the subject in effect at the time they opted out until a new collective agreement is signed, an arbitral award is rendered or until seven calendar days following receipt by the Chairperson of the PSLRB of a conciliation board report in respect of that bargaining unit or from the date the Chairperson of the PSLRB notifies the parties that a conciliation board will not be established.

9.1.22 When the employer side removes a new subject from consultation, the employer may proceed to issue a policy in regard to that new subject and bargaining agents shall be free to make collective bargaining proposals in regard to that subject.

9.1.23 Bargaining agents opting in favour of Council consultation undertake to refrain from making a collective bargaining proposal concerning:

(a) items contained in a new directive resulting from Council consultation; and

(b) items not contained in a new directive resulting from Council consultation, but which were identified in the General Secretary's letter in subsection 9.1.1, unless those items were removed from the directive because of an impasse at Council.

10 Referral to Committee

10.1 General

10.1.1 The General Secretary shall, within 35 calendar days from the date of the letter (see 9.1.1) notify the chairpersons of each side as to the status of Council members in respect to opting.

10.1.2 When, in accordance with the above, the General Secretary advises that all members have opted to consult, the subject will be deemed to have been referred to the appropriate committee by the Executive Committee.

10.1.3 When, in accordance with subsection 10.1.1, the General Secretary advises that certain members have opted not to consult a subject, the Executive Committee shall meet and consider the action to be taken.

10.1.4 When the Executive Committee meets, in accordance with this section, they may:

(a) agree to refer the subject to committee;

(b) agree that the subject shall not be referred to committee;

(c) agree that the subject shall be referred to committee following the removal of certain items;

(d) take such other action as deemed appropriate.

10.2 Length of Consultation

10.2.1 When a subject is referred to committee, the Executive Committee shall establish a date by which such consultation shall be completed. The completion date shall be the date that a final committee report is expected to be placed before Council or the Executive Committee.

10.2.2 Should consultation not be completed by the date established above, the Executive Committee may agree to extend the date. Should there be no agreement to extend the date, then consultation on the subject or item shall be considered to be at impasse and subject to section 11.2.

11 Resolution of Impasses in Consultations

11.1 General

11.1.1 When an impasse arises in a Council committee during consultation of a directive, the chairperson of such committee shall notify the General Secretary of the impasse.

11.1.2 The General Secretary shall inform the Executive Committee of the impasse. The General Secretary shall attempt to facilitate a resolution of the impasse before the Executive Committee considers other third party resolution processes pursuant to section 11.2.

11.2 Third Party Resolution

11.2.1 Employers and bargaining agents opting to consult on an existing or a new subject further agree that any impasse reached in consultation on that new subject or existing subject may ultimately be subject to binding third party resolution. Should facilitation by the General Secretary not resolve the impasse, the Executive Committee shall have the option of and may decide on proceeding to third party mediation and/or to binding third party arbitration. Mediators and arbitrators will be chosen from a joint roster of mediators and arbitrators administered by the General Secretary.

11.2.2 When the Executive Committee is unable to agree on a method of third party resolution in subsection 11.2.1 either party may chose to opt out of the new item or new subject, or the Executive Committee may ask the general secretary to name an arbitrator and the method of arbitration.

11.2.3 An arbitrator's decision is binding unless both parties agree not to abide by the decision. Once accepted, the decision will form part of a joint recommendation to the appropriate government authority.

11.2.4 The fees and/or expenses of any third party appointed by the Executive Committee under this section shall be shared by the sides of Council.

11.2.5 If an impasse cannot be resolved pursuant to subsection 11.2.2 the subject or item shall be deemed to have been removed from the Council consultation process and the employer and bargaining agents shall be free to take such action as they individually deem appropriate.

12 Limited Consultation of Items

12.1 General

12.1.1 Where a special need is identified, the Executive Committee may refer a limited number of items and/or new items to a committee for consultation outside the cyclical review schedule specified pursuant to subsection 7.3.1. The purpose of such a reference is to make it possible to modify a directive prior to the next scheduled cyclical review for that directive.

12.1.2 Where an existing or new item is referred for consultation under subsection 12.1.1, the normal provisions of the By-Laws relating to opting and dispute resolution shall not apply. All members of Council shall be informed in writing by the General Secretary of the decision of the Executive Committee and the reason for the decision.

12.1.3 A decision by the Executive Committee to refer existing or new items for consultation under subsection 12.1.1 shall be referred to Council at its next meeting for approval.

12.1.4 A proposed modification of a directive resulting from this process shall be approved by Council.

13 Collective Bargaining Proposals

13.1 General

13.1.1 When a bargaining agent makes a collective bargaining proposal concerning an item as defined in subsections 9.1.10 or 9.1.13 or 9.1.23 for all the bargaining units for which the bargaining agent is certified, the directive which contains the item shall no longer be deemed to be part of the collective agreements between that bargaining agent and the employer once a collective agreement is signed, an arbitral award is rendered or until seven calendar days following receipt by the Chairperson of the PSLRB of a conciliation board report in respect of that bargaining unit or from the date the Chairperson of the PSLRB notifies the parties that a conciliation board will not be established.

13.1.2 When a multiple unit bargaining agent makes a collective bargaining proposal concerning an item as defined in subsections 9.1.10 or 9.1.13 or 9.1.23 for an individual bargaining unit for which the bargaining agent is certified, the current directive which contains the item shall no longer be deemed to be part of the collective agreements between that bargaining agent and the employer in respect to that bargaining unit once a collective agreement is signed, an arbitral award is rendered or until seven calendar days following receipt by the Chairperson of the PSLRB of a conciliation board report in respect of that bargaining unit or from the date the Chairperson of the PSLRB notifies the parties that a conciliation board will not be established.

13.1.3 Any bargaining unit, which is deemed to have opted out in accordance with subsections 13.1.1 and 13.1.2 shall also be deemed to have opted out of consultation for the next scheduled review of that directive.

13.2 Following Binding Arbitration

13.2.1 When a bargaining agent makes a collective bargaining proposal concerning a new item or subject which was subject to binding arbitration, the new directive or the directive that contains the new item shall no longer be deemed to be part of the collective agreements between that bargaining agent and the employer once a collective agreement is signed, an arbitral award is rendered or until seven calendar days following receipt by the Chairperson of the PSSRB of a conciliation board report in respect of that bargaining unit or from the date the Chairperson of the PSSRB notifies the parties that a conciliation board will not be established.

13.2.2 A single unit bargaining agent, which is deemed to have opted out in accordance with subsection 13.2.1 shall also be deemed to have opted out of consultation for the next scheduled review of that directive.

13.2.3 A multiple unit bargaining agent, which is deemed to have opted out in accordance with subsection 13.2.1 in respect to individual bargaining units, shall also be deemed to have opted out of consultation for the next scheduled review of that directive in respect to those bargaining units.

13.3 Dispute Resolution

13.3.1 When there is a dispute in regard to whether a collective bargaining proposal concerns a Council subject or item, the dispute shall be referred to the Executive Committee through the General Secretary within 60 calendar days of the first meeting of the parties to collective bargaining.

13.3.2 The General Secretary shall report the dispute to the Executive Committee and provide advice as to whether the proposal concerns a Council subject or item.

13.3.3 The Executive Committee shall meet to expedite resolution of the dispute. The Executive Committee shall make a decision as to whether the proposal contravenes subsections 9.1.10 or 9.1.13 or 9.1.23, advise the parties accordingly, and report such action to the next meeting of Council.

13.3.4 When the Executive Committee cannot reach agreement, the dispute shall be referred immediately to a mutually acceptable arbitrator pursuant to section 11. However, in this case, the arbitrator's decision shall be final.

13.3.5 Should the Executive Committee or the arbitrator decide that the proposal does contravene subsections 9.1.10 or 9.1.13 or 9.1.23, the bargaining agent shall withdraw the demand or be deemed to have opted out in respect of the bargaining unit(s) concerned.

13.4 Excluded Proposals

13.4.1 No bargaining agent shall be required as a condition of participation in Council consultation, to remove from a collective agreement a clause:

(a) regarding an item contained in a directive or policy subject to cyclical review which appeared in the collective agreement prior to the first cyclical review of the directive or policy developed by Council consultation after December 6, 1978; or

(b) regarding an item referred as a non-cyclical review subject or item which appeared in a collective agreement prior to such non-cyclical review subject or item being deemed to have been referred to Council consultation.

13.4.2 Should a bargaining agent submit to the employer a collective bargaining proposal which would improve the benefits of the clause for that bargaining unit, subsections13.1.1, 13.1.2 or 13.2.1 of these By-Laws shall apply. However, a clause may be altered by mutual consent of the parties to the collective agreement.

14 Return to Consultation

14.1 General

14.1.1 A bargaining agent which declines in writing to participate in Council consultation for all the bargaining units for which it is certified, or which is deemed to have opted out of Council consultation in accordance with subsections 13.1.1, 13.1.2 or 13.2.1 but which subsequently wishes to opt back into Council consultation, for all those units, on a specific subject, may be permitted to do so on expiry of the period referred to in subsection 9.1.2 or at any time on the agreement of Council, provided that the bargaining agent agrees to withdraw all collective bargaining proposals and re-open all relevant collective agreements and remove any clause dealing with the contents of an item as defined in subsections 9.1.9 or 9.1.13 or 9.1.23.

14.1.2 A bargaining agent which declines in writing to participate in Council consultation for an individual unit for which it is certified, or which is deemed to have opted out of Council consultation in respect of that unit in accordance with subsections13.1.1, 13.1.2 or 13.2.1 but which subsequently wishes to opt back into Council consultation, for all that unit, on a specific subject, may be permitted to do so on expiry of the period equal to twice the period referred to in 9.1.2, or at any time on the agreement of Council, provided that the bargaining agent agrees to withdraw all collective bargaining proposals and re-open all relevant collective agreements to remove any clause dealing with the contents of an item as defined in subsections 9.1.10 or 9.1.13 or 9.1.23.

15 Resolution of Grievances

15.1 Redress Procedure

15.1.1 This procedure only applies to an employee in a bargaining unit where both the employer and the bargaining agent participate in Council.

15.1.2 All grievances as defined under the PSLRA presented under this grievance procedure shall be decided on the basis of the intent of the directive or policy being grieved.

15.1.3 An employee who feels aggrieved by the interpretation or application by the employer of any directive or policy which has been agreed to by the Council, and which has been approved by the appropriate executive body of the government, is entitled to present a grievance.

15.1.4 Where the directive or policy giving rise to the grievance has been deemed to be part of the employee's collective agreement, the employee must have the approval of and be represented by the employee's bargaining agent.

15.1.5 Such a grievance shall be processed by recourse to the following steps:

(a) first level - representative of the employer authorized to deal with grievances at the first level;

(b) second level - departmental liaison officer (DLO);

(c) final level - Executive Committee.

15.1.6 An aggrieved employee shall present the grievance to the first level of the procedure, in the manner prescribed in subsection 15.1.7, not later than the 25th day after the date on which the employee is notified orally or in writing or on which the employee first becomes aware of the action or circumstance giving rise to the grievance.

15.1.7 The aggrieved employee shall transmit the grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:

(a) forward the grievance to the employer representative authorized to deal with grievances; and

(b) provide the employee with a copy of the grievance stating the date on which it was received by that officer.

15.1.8 Subject to subsection15.1.19 the employer shall reply to an employee's grievance within 10 days after the date the grievance is presented at the first level. Where such reply is not satisfactory to the employee, the employee may present the grievance through the employee's immediate supervisor or local officer-in-charge, to the next level within 10 days after that reply has been conveyed to the employee in writing. If the employer has not conveyed a reply to the aggrieved employee, the employee may present the grievance, through the employee's immediate supervisor or local officer-in-charge, to the next level within 10 days after the last day by which the employer was required to reply to the grievance.

15.1.9 The DLO shall, within 15 days from the date on which the grievance is presented at the second level, reply to the employee's grievance.

15.1.10 Where the DLO's reply is not satisfactory to the employee, or the DLO has not replied, the employee may, within the next 10 days, present the grievance to the final level through the employee's immediate supervisor or local officer-in-charge. The DLO shall be responsible for bringing the grievance to the attention of the Executive Committee through the General Secretary.

15.1.11 The General Secretary of the Council shall bring the grievance to the attention of the Executive Committee before its next meeting. The Executive Committee shall either:

(a) review and decide on the grievance; or

(b) refer the grievance to the appropriate Council committee for review and a statement of intent with regard to the subject matter of the grievance.

15.1.12 Where the grievance is reviewed by a Council committee, the chairperson shall inform the Executive Committee, through the General Secretary, of the intent.

15.1.13 Based on that intent, the Executive Committee shall review and decide on the grievance.

15.1.14 The General Secretary shall forthwith advise the DLO of the Executive Committee's decision in regard to the grievance.

15.1.15 On receipt of the decision of the Executive Committee from the General Secretary, the DLO shall forthwith transmit the decision as the final level reply to the aggrieved employee with a copy to the bargaining agent.

15.1.16 The Chairperson of the Executive Committee shall, at the next regular meeting of the Council, report on the decision.

15.1.17 Where an employee has presented the grievance up to and including the final level of this redress procedure and the employee's grievance has not been dealt with to the employee's satisfaction, or the DLO has not conveyed the final level decision to the employee within 30 days from the date of the General Secretary's letter, the employee may, with the approval of the employee's bargaining agent, refer the grievance to adjudication in accordance with the provisions of the PSLRA, if the grievance relates to a directive or policy which has been deemed to be part of the grievor's collective agreement according to the Memorandum of Understanding.

15.1.18 The bargaining agent and the employer shall have the right to consult with respect to the grievance at the first two levels and to make representation to the Council committee considering the grievance at the final level.

15.1.19 The time limits specified in this section may be extended by written consent of both the bargaining agent and the employer. The time limits are exclusive of Saturdays, Sundays and designated paid holidays.

15.1.20 A grievance may be referred directly to the second and/or final level of this procedure upon the written consent of both the bargaining agent and the employer.

15.2 Source Document

15.2.1 Grievances submitted under this procedure shall be resolved on the basis of the original directive or policy developed and adopted in Council.

15.3 Appeals Process under the PSHCP

15.3.1 This grievance procedure does not apply to claims or coverage under the Public Service Health Care Plan (PSHCP). A separate and distinct appeal procedure is provided under the PSHCP. Any decision taken by the Board of Directors, within the meaning of the PSHCP, in respect of an appeal regarding claims or coverage shall be final and binding.

16 Requests for Interpretation or Clarification

16.1 Procedure

16.1.1 A bargaining agent or a department or agency may seek an interpretation or clarification of any directive or policy, which has been agreed to by Council and approved by the appropriate executive body of the government, by making a request through the General Secretary.

16.1.2 All interpretations and clarifications made under this procedure shall be based on the intent of the directive or policy being interpreted.

16.1.3 Requests for interpretation or clarification shall concern the application of a directive or policy in respect of a number of employees. Requests for interpretation or clarification shall not take the place of a grievance.

16.1.4 The General Secretary shall bring the request to the attention of the Executive Committee before its next meeting. The Executive Committee shall either:

(a) review and decide on the request;

(b) refer the matter to the appropriate committee for review and a statement of intent.

16.1.5 Where the request is reviewed by a Council committee, the chairperson shall inform the Executive Committee, through the General Secretary, of the intent.

16.1.6 Based on that intent, the Executive Committee shall review and decide on the request.

16.1.7 The General Secretary shall forthwith advise the bargaining agent or the department or agency making the request of the Executive Committee's decision.

16.1.8 The Chairperson of the Executive Committee shall, at the next regular meeting of the Council, report on any decision.

16.2 Impasse

16.2.1 Should an impasse arise in a committee regarding the interpretation or clarification of a directive or policy which has been agreed to by Council, the chairperson of the committee shall bring the matter to the attention of the Executive Committee through the General Secretary.

16.2.2 The General Secretary shall inform the Executive Committee of the impasse before its next meeting. The Executive Committee shall review the matter and suggest possible courses of action to the appropriate committee for consideration. If the committee agrees on a course of action, the committee shall make a recommendation to the Executive Committee.

16.2.3 Should an impasse arise in the Executive Committee regarding the interpretation or clarification of a directive or policy, the Executive Committee may take action in accordance with sections 11.1 and 11.2.

16.3 Effect

16.3.1 Nothing in this process shall delay or postpone the issuance of any notice, schedule or circular that is a precondition to implementation of a directive or policy.

Appendix A

Principles and Objectives

The parties hereunder agree that National Joint Council agreements on subjects or items, which may be included in a collective agreement, will form part of all collective agreements to which Treasury Board, Separate Agencies participating in the Council and Bargaining agent side organizations are parties if they have endorsed the subjects or items.

Council agreements will contain the following clause and be signed by the Chairperson of the Employer side, on behalf of Treasury Board, a representative of each Separate Agency endorsing the agreement and a representative of each participating bargaining agent side organization on behalf of their bargaining units participating in consultation on that subject or item. Where a bargaining unit has not opted to participate, the exclusion of that bargaining unit from the agreement shall be noted in the signing document.

"The parties hereunder endorse this Council agreement and recognize that this agreement is part of the current collective agreements reached between them."

The parties hereunder agree to be bound by the Council constitution and By-Laws for all matters that they agree are to be dealt with at Council.

The parties hereunder agree that when notice to bargain is given, Council endorsed agreements shall constitute a term of employment applicable to employees represented by the bargaining agent side organizations who are parties to the Council endorsed agreement, as if such term or condition of employment was embodied in the collective agreement prior to giving notice to bargain.

The parties hereunder agree that:

(a) the redress procedures provided in Part 14 of the Council By-Laws shall be followed;

(b) the following clause shall be included in the grievance procedure of a collective agreement in such a manner as to ensure conformity with Council redress procedures:

"In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council on subjects or items which may be included in a collective agreement and which the parties to this agreement have endorsed, the grievance procedure will be in accordance with Part 15 of the Council By-Laws."

This memorandum of understanding shall remain in effect until amended or cancelled by mutual consent of the parties hereunder.

This memorandum of understanding amends the memoranda of understanding signed on December 6, 1978, March 5, 1980 and March 4, 1987 and takes effect as of May 5, 1994.

Appendix B

SEPARATE AGENCY ADDENDUM

1 General

1.1 The following Addendum to the By-Laws of the National Joint Council shall be applicable to a Separate Agency who participates in the National Joint Council, and to the Bargaining Agents for the bargaining units for which the Separate Agency is the employer, providing both agree to participate as members of the National Joint Council.

1.2 Definitions

Bargaining agent (Agent négociateur) as used herein, refers to the Bargaining Agent for any bargaining unit of a Separate Agency.

Separate Agency (organisme distinct) as used herein, means Separate Agency as defined in Schedule 5 of the Financial Administration Act.

1.3 By virtue of their membership in the National Joint Council, the Separate Agency and the Bargaining Agent agree to accept in substance all recommendations of the National Joint Council and the policies, directives or guidelines, as applicable, deriving there from, subject only to such modifications as are necessary to apply to the Separate Agency's organizational differences. Such modifications shall be made as a result of consultation between the Separate Agency and the Bargaining Agent and shall form part of the appropriate National Joint Council recommendation.

2 Agency Liaison Officers

2.1 The Separate Agency shall identify an Agency Liaison Officer to act as the Departmental Liaison Officer referred to in the National Joint Council By-Laws.

3 Committees of the National Joint Council (other than Executive Committee)

3.1 The Separate Agency and Bargaining Agent shall be eligible to be named to National Joint Council Committees.

4 Referral Procedures (Opting in and Opting out)

4.1 The Separate Agency and Bargaining Agent shall be entitled to refer subjects or items to the National Joint Council under section 7 of the National Joint Council By-Laws.

4.2 The Separate Agency and the Bargaining Agent shall consult prior to the time limit set out in subsection 9.1.5 of the National Joint Council By-Laws to determine whether or not the Separate Agency is prepared to consult in National Joint Council on a subject or item.

4.3 If the Separate Agency agrees to consult on the subject or item, it will agree to National Joint Council consultation within the time limit set out in subsection 9.1.5 on the condition that the Employer Side declares in favour of National Joint Council consultation.

4.4 The Bargaining Agent shall have the option of opting out of National Joint Council consultation on a subject or item within the time limit set out in subsection 9.1.6.

5 Resolution of Impasses in the Consultation Process referred to in Subsection 1.3

5.1 When an impasse arises during the consultation process referred to in section 1.3 concerning modifications necessary to apply to the Separate Agency's, organizational differences, such an impasse will be dealt with in accordance with the procedures established by the Separate Agency's and the Bargaining Agent.

5.2 If the impasse is still not resolved, the matter will be referred to the Executive Committee, National Joint Council, for review and recommendation. With the agreement of the Separate Agency and Bargaining Agent, the Executive Committee may refer the impasse to third-party mediation and/or binding third-party arbitration in accordance with section 11.2 of the National Joint Council By-Laws.

5.3 If an impasse still exists after exhausting the procedure outlined above, the subject or item shall be deemed to have been removed from National Joint Council consultation (insofar as the Separate Agency is concerned) and the Separate Agency and Bargaining Agent shall be free to take such course as they individually deem appropriate.

6 Resolution of Grievances

6.1 Resolution of a grievance shall be based on the directive developed in National Joint Council consultation, subject to any modification agreed to by the Separate Agency and the Bargaining Agent.

6.2 A grievance shall be resolved in accordance with section 14 of the National Joint Council By-Laws, except that the steps in the grievance procedure shall be as determined by the Separate Agency and its Bargaining Agent with the final level being the National Joint Council Executive Committee.

7 Requests for Interpretation and Clarification

7.1 Requests for interpretation or clarification shall be resolved based on the directive developed in National Joint Council, subject to any modification agreed to by the Separate Agency and the Bargaining Agent.

Appendix C

Bilingualism Bonus Directive

Committees and Representatives Directive

Commuting Assistance Directive

First Aid to the General Public – Allowance for Employees

Foreign Service Directive

Isolated Posts and Government Housing Directive

Memorandum of Understanding on Definition of Spouse

Motor Vehicle Operations Directive

NJC Integrated Relocation Directive

Occupational Safety and Health Directive

Pesticides Directive

Public Service Health Care Plan Directive

Refusal to Work Directive

Travel Directive

Uniforms Directive

Work Force Adjustment Directive

The Council agrees that the NJC should be the forum of choice for information sharing, consultation and co-development between government as employer and bargaining agents.

Last Modified: 2010-03-18
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