1. Introduction
Agriculture and Agri-Food Canada (AAFC) has a longstanding practice of facilitating Union-Management Consultation (UMC) operations. The purpose of this document is to renew the union-management consultation framework within AAFC. Union-Management consultation provides union representatives with the opportunity to bring matters that are important to their members to management’s attention and allows management to consider and understand employees’ perspectives before making decisions or changes to policies or procedures.
Union-Management consultation is widely recognized as an essential component of good human resources management. It also provides an opportunity for AAFC
management and unions to promote and maintain a healthier workplace by following best consultation practices within a consistent framework of different levels of
consultation committees.
2. Guiding Principles
AAFC is committed to Union-Management consultation and maintaining a mutually respectful forum to discuss issues relating to the workplace. The existing relationship of trust and respect means that the parties respect each other’s roles and integrity. Meaningful consultation is the cornerstone of the success of the committees. This includes sharing information, providing advice, obtaining views and collaborating on initiatives. It also ensures that committee discussions and decisions are based on a shared understanding of the underlying issues.
Through open and frank discussions, the parties gain a better understanding of workplace issues and the reasons behind employer decisions – even though there may not always be mutual agreement.
Managers at all levels of the organization are to proactively support meaningful comprehensive UMC meetings and associated activities. Union-Management
consultation must be a priority for operational managers. Effective consultation must be seen as central to establishing a collaborative work environment.
In addition, managers may initiate ad hoc consultations with union representatives to keep discussions about complex issues on track.
3. Consultation Framework
Union-management consultations at AAFC will take place through a framework of UMC committees which can encompass national, regional, branch and local committees. For this framework to be effective, issues should be discussed at the appropriate level where they are most likely to be resolved. When resolution is not possible, issues
should be referred to the next level of the consultation process. The multi-tiered AAFC framework includes, but is not limited to the following:
- The National Union-Management Consultation Committee (NUMCC) – co-chaired by the Deputy Minister (DM) and the Unions to ensure senior-level attention to issues of national importance. It provides strategic direction and deals with issues of departmentwide importance, including those referred to it by other consultation committees.
- The Human Resources-Union Consultation Committee (HRUCC) – chaired by the Director General, Workplace Relations allows ongoing in-depth dialogue on Human Resources initiatives and issues of a broad or national impact.
- The Branch Union-Management Consultation Committee (BUMCC) – co-chaired by the Assistant Deputy Minister of the branch or the Branch Head and the Unions allows for consultation with representatives from multiple regions within the branch. The branch committee addresses issues that are branch-specific and are most effectively addressed separately from horizontal issues that cut across different branches. Branch committees are not required for every branch, but will be established when management and union representatives agree that such a structure is appropriate.
- The Regional Union-Management Consultation Committee (RUMCC) – co-chaired by management and Unions allows for consultation with representatives from one or multiple branches in one region to address issues that cut across different organizational units and physical workplaces. Although not required for every region, they will be established for regions where management and union representatives agree that such a structure is appropriate.
- The Local Union-Management Consultation Committee (LUMCC) addresses issues that are specific to the physical workplaces or to the organizational units they represent. A Local Committee is established for every location where there is an excluded manager who is empowered to make decisions on behalf of the employer at Authority Level 4 or above. Local committees may also be established in locations where there are AL-5 or AL-6 supervisors or non-excluded managers. In those settings, management representatives should be prepared to make decisions within the scope of their authority and to recommend solutions for matters beyond their authority directly to employer representatives who are empowered to make decisions. (Debbie will follow up on this issue).
4. Terms of Reference (ToR)
- Each committee is responsible for developing its own Terms of Reference (ToR).
- Existing committees should review their ToR to ensure consistency with this framework.
- New committees may base their ToRs on the sample provided by Treasury Board Secretariat.
- See Appendix A for agreed upon criteria.
5. Legislative Basis
Section 8 of the Public Service Labour Relations Act (PSLRA), states that deputy heads must, in consultation with the bargaining agents, establish a consultation committee for the purpose of exchanging information and obtaining views and advice on workplace issues. The PSLRA also refers to some issues that may be the subject of consultation: harassment in the workplace, disclosure of information of wrongdoing in the public service and the protection from reprisal of employees who disclose such information.
John Knubley
Deputy Minister
Bob Kingston, President
Agriculture Union
Public Service Alliance of Canada
(PSAC)
Linnell Edwards, President
AAFC National Consultation Team
Professional Institute of Public
Service of Canada (PIPSC)
Karen Brook,
Labour Relations Officer
Canadian Association of Professional
Employees (CAPE)
Vicky Ringuette,
Labour Relations Advisor and
General Counsel
Association of Canadian Financial
Officers (ACFO)
International Brotherhood of Electrical Workers (IBEW)
Appendix A – Terms of Reference Criteria
While Terms of Reference (ToR) should be jointly established by each level of committee, the following are common to all committees:
1. Committee Participation
- Union-Management Consultation Committees (UMCC) will be co-chaired by management and union officials who have the authority to make commitments at the level of the committee (national, regional, branch, and local).
- Management and unions will appoint members who have knowledge of workplace issues within the committee’s scope and are familiar with their organizations’ policies.
- All participants should recognize that continuity of participation is a critical element of the relationship-building that underlies effective UMCCs. They may send alternates when necessary but this practice should be kept to a minimum. Alternates must be delegated with the authority to act on the committee member’s behalf.
- Management and unions may invite advisors to meetings to support their members in the provision of information and advice.
- Where members of committees are geographically dispersed, teleconferencing may be necessary to facilitate regular participation. Rotation of locations helps to distribute the burden of travel equitably.
2. Committee Practices
- Meetings shall be held at least twice per year, and more frequently as agreed upon or as required.
- Meetings shall be held in AAFC facilities at mutually-acceptable times during normal working hours.
- Management will provide secretariat support, including the preparation of minutes for all meetings.
- Any member may submit agenda items with background information to the committee secretary before the administrative deadline, and the co-chairs must develop the agenda.
- The committee secretary shall prepare and distribute the Minutes as soon as possible after each meeting to the committee members and ensure they are posted in locations as agreed to by the committee and its specific ToR.
- Co-chairs should ensure that responsible individuals are identified and that target dates are established for any action items to ensure follow-up and progress reporting to committee members.
- Provisions of all relevant statutes must be adhered to, and UMCCs must respect the rights of management or employees under their collective agreements.
- Union representatives who are AAFC employees shall not suffer any loss of income as a result of UMCC activities. These duties may be treated as regular work time or be covered as leave with pay for union business under the terms of collective agreements.
- Matters for which other formal channels have been established, including occupational health and safety and National Joint Council matters, will not normally be addressed by UMCCs.
- Potential systemic issues brought to light by individual grievance cases may be discussed in a generic way with the objective of resolving underlying causes or identifying trends, however, the privacy of the parties to the grievance or issue must be respected.
3. Composition and Frequency of Meetings
National Union-Management Consultation Committee
- Deputy Minister and/or Associate Deputy Minister
- Assistant Deputy Ministers
- Head of Labour Relations
- National Union Representatives
- Technical or Special Advisors, as required
- Secretary
- Others – could include members of the departmental Executive team who may be affected by items on the agenda, members determined by the bargaining agent(s), or as determined or required by the parties
- Frequency: Every four months
Human Resources-Union Consultation Committee
- Head of Labour Relations
- National Union Representatives
- Secretary
- Technical or Special Advisors, as required
- Others – could include members of the departmental Executive team who may be affected by items on the agenda, members determined by the bargaining agent(s), or as determined or required by the parties
- Frequency: Monthly (excluding July and August)
Branch Union-Management Consultation Committee
- Assistant Deputy Minister of Branch or Branch Head
- Directors General
- Executive Team
- National Union Representatives
- Senior Labour Relations representative
- Secretary
- Technical or Special Advisors, as required
- Others – could include members of the Branch team who may be affected by items on the agenda, members determined by the bargaining agent(s), or as determined or required by the parties
- Frequency: At a minimum, twice per year - to be determined by committee
Regional Union-Management Consultation Committee
- Excluded Branch Representatives in the region
- Regional Head of Human Resources i.e. Site Director
- Senior Labour Relations representative
- Regional Union Representatives
- Secretary
- Technical or Special Advisors, as required
- Others – could include members of the management team who may be affected by items on the agenda, members determined by the bargaining agent(s), or as determined or required by the parties
- Frequency: At a minimum, twice per year - to be determined by committee
Local Union-Management Consultation Committee
- Senior departmental representatives
- Senior line managers
- Labour Relations representative
- Local Union Representatives
- Secretary
- Others – as determined by the parties
- Frequency: At a minimum, twice per year - to be determined by committee