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NJC By-Laws

Highlights of the Changes to the NJC By-Laws - October 1, 2018
 

Table of Contents

Effective date October 1, 2018

Statement of Principles and Intent

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.

Principles and Objectives

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

Information Sharing

Consultation

Co-development

Part 7 of the By-Laws deals with the referral of subjects or items to the Council while Part 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 cyclical review.

Yearly Planning Agenda

In addition to confirming those matters which will be subject to cyclical 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.

Definitions

Cyclical Review (Révision périodique) as used herein, refers to the negotiation/co-development process of National Joint Council Directives.

Item (Point) as used herein, refers to a specific provision within a directive.

New Item (Nouveau point) as used herein, refers to new provisions which do not amend, enhance or diminish existing provisions within a directive.

Opting (Participation ou abstention) as used herein, refers to the decision of a member of Council to participate in National Joint Council consultation of a subject or to deal with the subject at the bargaining table.

Subject (Question) as used herein, refers to a directive in its entirety.

Working Committee (Comité de travail) as used herein, refers to Committees established by Council or the Executive Committee to carry out the work of the Council including hearing grievances, conducting cyclical reviews and providing recommendations on requests for interpretation.

1 Application

1.1 General

1.1.1 The By-Laws shall be applicable:

  1. to the Treasury Board and to the certified Bargaining Agents for Bargaining Units for which the Treasury Board is the Employer; and
  2. 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 Membership of Council

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, but shall not act as chairperson or co-chairperson.

2.2 Working Committee Membership

2.2.1 The sides of Council shall be entitled to an equal number of representatives on each working 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 working 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 who are considering Membership to Council

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 working committee for a period to be determined at the discretion of the Executive Committee.

2.4.2 Temporary Observers shall not generally participate in discussions at Council or at a meeting of a working committee and shall not participate in any formal decisions of Council or of a working 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:

  1. be responsible for the operation of the office of the General Secretary;
  2. be responsible for the development and maintenance of Council files;
  3. carry out duties required to support the activities and operation of Council including the resolution of conflicts and impasses pursuant to subsection 11.1.2.

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 working 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 Working Committees

6.1 Organization of Working Committees

6.1.1 Subject to Council agreement, the Executive Committee shall:

  1. establish, amalgamate or dissolve Council committees;
  2. set the terms of reference and size of committees;
  3. appoint chairpersons.

6.1.2 Each side shall appoint its own members to committees through a nomination transmitted by the Side Secretaries to the General Secretary.

6.2 Working 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 non-members attending the meeting.

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, or his/her delegate, may, with the agreement of both sides of the Committee, 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. No alternates are accepted for individual meetings.

6.4.4 In cases of extended leave, the member or his/her organization, shall advise their respective Side Secretary and Committee Chairperson of the absence.

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 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.

7.1.2 Subjects listed in Appendix C, are agreements resulting from Council consultation containing terms and conditions of employment, which are deemed to form part of collective agreements and, may stand as National Joint Council Directives.

7.1.3 Council may approve new subjects, which may require new directives, and these subjects will then be deemed to form part of Appendix C.

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

7.1.5 New items are new provisions which do not amend, enhance or diminish 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:

  1. through the cyclical review process (see subsection 7.3.1);
  2. by direct referral by agreement of Council (see subsection 7.4.1);
  3. 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 NJC Directives consulted in Council. The schedule shall be submitted to Council for approval at its next meeting. The schedules shall include the following:

  1. a list of directives which are subject to periodic review;
  2. the effective date of each current directive;
  3. the review cycle which applies to each directive;
  4. the target date for any new or revised directive resulting from the next cyclical review;
  5. the date by which input from the sides for the next cyclical review is required to reach the General Secretary; and
  6. 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:

  1. an existing subject;
  2. an existing subject containing a new item;
  3. 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 paragraph 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:

  1. decide to deal with the new subject at the Executive Committee;
  2. refer the new subject to an existing working committee; or
  3. establish an ad hoc committee or standing committee if no existing working 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 Referral for consultation of a new item outside the cyclical review schedule shall be governed by Part 9.

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.

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 Extension for Input

8.2.1 Requests for modification (extension) of the input period should be requested by the Side Secretaries, on behalf of their respective Side.

8.2.2 Requests for modification of the input period should be sent to the General Secretary or his/her designate.

8.2.3 Requests for modification may be agreed to by the parties or their designate and will be confirmed by the Executive Committee at its next meeting.

8.2.4 Any such requests for modification of the input period shall be reflected in the Executive Committee report to Council.

8.3 Input on an Existing Subject containing New Item

8.3.1 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.

8.3.2 The input shall be delivered to the General Secretary over the signature of the Bargaining Agent Side Secretary.

8.3.3 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 working days of the receipt of input, the General Secretary shall identify to all members of Council:

  1. the complete input on a new or existing subject, if any;
  2. 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 General Secretary shall request members to indicate whether 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 NJC consultation. Members failing to indicate their preference will be deemed to have opted in.

9.1.3 Once the parties have elected to opt into a Directive, it will be for a period of no less than two years. The Executive Committee may choose to extend the period beyond the two years.

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

  1. subjects or items which cannot be included in collective agreements;
  2. subjects or items which the Executive Committee agree are minimal provisions and may be improved upon through collective bargaining;
  3. subjects or items which the Executive Committee agree should not become part of collective agreements.

9.1.5 Employer members shall within 30 working days from the date of the General Secretary's request advise the General Secretary whether or not they opt to consult on the full subject at the NJC.

9.1.6 Bargaining Agent members shall, within 30 working days from the date of the General Secretary's letter, advise the General Secretary as follows:

  1. whether or not they opt to consult on the full subject at the NJC in respect of all Bargaining Units for which they are certified; or
  2. whether or not they opt to consult on the full subject at the NJC 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 request is sent, the Employer or Bargaining Agent member shall be deemed to continue to opt not to participate in NJC consultation of the subject. Where such an Employer or Bargaining Agent member wishes to return to Council consultation, the provisions of Part 14 (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 request within 30 working days, it shall be deemed to have opted to consult at the NJC on 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 request within 30 working days, it shall be deemed to have opted to consult at the NJC on the subject and any new item proposed by the Bargaining Agent side.

9.1.10 In response to the General Secretary's request in subsection 9.1.2, a Bargaining Agent may advise the General Secretary that it opts to consult at the NJC on 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 9.1.11, the Employer Side may remove the new item from the input or agree that the new item be referred to the Executive Committee for a determination on whether or not the new item will be included in the 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 NJC 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 period referred to in the cyclical review schedule (subsection 7.3.1).

9.1.15 In response to the General Secretary's request in subsection 9.1.2 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 working days of the date of the letter (see subsection 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 Part 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 subsection 9.1.1) advising as to whether the item is new or not and establishing a new date for response for opting.

9.1.20 When a Bargaining Agent, in respect of all of the Bargaining Units for which they are certified or a single unit, opts not to take part in consultation, the resulting directive shall have no effect in regard to those Bargaining Units.

9.1.21 When a Bargaining Agent, in respect of all or any of the Bargaining Units for which they are certified, opts out of NJC 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 working days following receipt by the Chairperson of the FPSLREB of a conciliation board report in respect of that Bargaining Unit or from the date the Chairperson of the FPSLREB 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 NJC consultation undertake to refrain from making a collective bargaining proposal concerning:

  1. items contained in a new directive resulting from NJC consultation; and
  2. items which formed part of the original input but were withdrawn during consultation unless those items were removed from consultation because of an impasse at Council.

10 Referral of Subjects to the Working Committee

10.1 General

10.1.1 The General Secretary shall, within 35 working days from the date of the request (see subsections 9.1.5 and 9.1.6) notify the Executive Committee Chairpersons 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 working 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 on a subject, the Executive Committee shall meet and either:

  1. agree to refer the subject to the working committee;
  2. agree that the subject shall not be referred to the working committee;
  3. agree that the subject shall be referred to the working committee following the removal of certain items;
  4. take such other action as deemed appropriate.

10.2 Length of Consultation

10.2.1 When a subject is referred to a working 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 working committee report is expected to be placed before 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 complete or to be at impasse and subject to Section 11.2.

11 Resolution of Impasses in Working Committee Consultations

11.1 General

11.1.1 When an impasse arises in a working 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 referred 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. Any such mediator or arbitrator will be agreed to mutually by the parties.

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 choose 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 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.

11.2.4 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.

11.2.5 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 pursue other measures 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 working 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 Freeze Provisions for NJC Directives

13.1 General

13.1.1 When a Bargaining Agent makes a collective bargaining proposal concerning an item as defined in subsection 9.1.10, 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 FPSLREB of a conciliation board report in respect of that Bargaining Unit or from the date the Chairperson of the FPSLREB 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 subsection 9.1.10, 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 FPSLREB of a conciliation board report in respect of that Bargaining Unit or from the date the Chairperson of the FPSLREB 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 NJC 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 FPSLREB of a conciliation board report in respect of that Bargaining Unit or from the date the Chairperson of the FPSLREB 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, 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 Part 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 concern a Council subject or item, 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 NJC consultation, to remove from a collective agreement a clause:

  1. 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

    * the date on which Appendix A was signed
  2. regarding an item which previously was not part of Council consultation but subsequently formed part of Council consultation and ultimately formed part of a Directive.

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, subsections 13.1.1, 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 NJC consultation for all the Bargaining Units for which it is certified, or which is deemed to have opted out of NJC consultation in accordance with subsections 13.1.1, 13.1.2 or 13.2.1 but which subsequently wishes to opt back into NJC consultation, for all those units, on a specific subject, may be permitted to do so on expiry of the period referred to in subsection 9.1.3 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 9.1.10, 9.1.13 or 9.1.23.

14.1.2 A Bargaining Agent which declines in writing to participate in NJC consultation for an individual unit for which it is certified, or which is deemed to have opted out of NJC consultation in respect of that unit 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 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 subsection 9.1.3, 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, 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 The following are the levels in the grievance procedure:

  1. first level - representative of the Employer authorized to deal with grievances at the first level;
  2. second level - Departmental Liaison Officer/Agency Liaison Officer (DLO/ALO);
  3. final level - Executive Committee.

15.1.6 An aggrieved employee, or group of employees, shall submit the grievance to the first level of the procedure, in the manner prescribed in subsection 15.1.7, not later than the 25th working 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:

  1. forward the grievance to the Employer Representative authorized to deal with grievances at the appropriate level; and
  2. provide the employee with a copy of the grievance stating the date on which it was received.

15.1.8 Subject to subsection 15.1.19 the Employer shall reply to an employee's grievance within 10 working days after the date the grievance is heard at the first level. Where such reply is not satisfactory to the employee, or no first level hearing occurred within the prescribed timelines, the employee may transmit the grievance through the employee's immediate supervisor or local officer-in-charge, to the next level within 10 working days after that reply has been conveyed to the employee in writing. If the Employer has not replied in writing to the aggrieved employee, the employee may transmit the grievance, through the employee's immediate supervisor or local officer-in-charge, to the next level within 10 working days after the last day by which the Employer was required to reply to the grievance.

15.1.9 The DLO/ALO shall, within 15 working days from the date on which the grievance is heard at the second level, reply in writing to the employee's grievance.

15.1.10 Where the DLO/ALO’s reply is not satisfactory to the employee, the DLO/ALO has not replied, or no second level hearing occurred within the prescribed timelines, the employee may, within the next 10 working days, present the grievance to the final level through the employee's immediate supervisor or local officer-in-charge. The DLO/ALO shall be responsible for bringing the grievance to the attention of the Executive Committee through the General Secretary.

15.1.11 Once the grievance has been transmitted to the General Secretary, departments/agencies will be notified in writing by the General Secretary, or his/her designate, that the DLO/ALO has 10 working days from the date of receipt of the grievance at the final level to produce a second level reply should the department have failed to do so in accordance with subsection 15.1.9.

15.1.12 Should the Department be unable to produce a second level reply within the timeline prescribed in subsection 15.1.11, the Department/Agency may ask the General Secretary, or his/her designate, for a reasonable extension. Should neither a second level reply nor a reasonable request for extension be received within these 10 working days, the grievance will be scheduled for a hearing without a second level reply.

15.1.13 Should either party wish to submit an objection, including an objection to timeliness or jurisdiction, such objection must be received within 30 working days from the date that the grievance was received by the General Secretary at the final level.

15.1.14 An objection to timeliness may be raised at the final level only if the grievance was rejected at the level at which the time limit was not met and at all subsequent levels of the grievance process for that reason.

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

  1. review and decide on the grievance including preliminary matters; or
  2. refer the grievance to the appropriate working committee for review and a statement of intent with regard to the subject matter of the grievance.

15.1.16 The Bargaining Agent and the Employer shall have the right to make representations to the working committee considering the grievance at the final level.

15.1.17 Where the grievance is reviewed by a working committee, the chairperson shall inform the Executive Committee, through the General Secretary, on a recommendation of intent.

15.1.18 Based on the conclusion reached by the working committee, the Executive Committee shall review and decide on the grievance.

15.1.19 The General Secretary shall forthwith advise the DLO/ALO, in writing, of the Executive Committee's decision in regard to the grievance.

15.1.20 On receipt of the decision of the Executive Committee from the General Secretary, the DLO/ALO shall forthwith transmit the decision as the final level reply to the aggrieved employee with a copy to the Bargaining Agent.

15.1.21 The Chairperson of the Executive Committee shall, at the next regular meeting of the Council, report on the decision through the report to Council (8.2.4).

15.1.22 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/ALO has not conveyed the final level decision to the employee within 30 working 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.

15.1.23 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, unless otherwise stated.

15.1.24 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 at the time the action giving rise to the grievance occurred.

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. (revised June 04, 2008)

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:

  1. review and decide on the request;
  2. refer the matter to the appropriate working committee for review and a statement of intent.

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

16.1.6 Based on the conclusion reached by the working committee, the Executive Committee shall review and decide on the request.

16.1.7 The General Secretary shall forthwith advise, in writing, 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 through the report to Council (subsection 8.2.4).

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 make a determination on the impasse or suggest possible courses of action to the appropriate working committee for consideration. If the working committee agrees on a course of action, the working 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 Section 11.2 (Third Party Resolution).

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
Memorandum of Understanding

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:

  1. the redress procedures provided in Part 15 of the Council By-Laws shall be followed;
  2. 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. (revised June 04, 2008)

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 Part 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 Section 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 Part 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
NJC Directives

Bilingualism Bonus Directive

Commuting Assistance Directive

First Aid to the General Public – Allowance for Employees

Foreign Service Directives

Isolated Posts and Government Housing Directive

NJC Relocation Directive

Occupational Health and Safety Directive

Public Service Health Care Plan Directive

Travel Directive

Uniforms Directive

Work Force Adjustment Directive