The Executive Committee is empowered to act on behalf of the Council in administering the activities of Council during the intervals between the Council's quarterly meetings. Executive Committee decisions are subject to the formal ratification by Council when they are reported at the next regular meeting of Council. Council may also delegate its decision-making authority to the Executive Committee to facilitate timely and effective action.
Quarterly Report to the National Joint Council (September 2017)
This report includes matters reviewed by the Executive Committee at its April and June 2017 meetings.
April meeting of the Executive Committee:
- Received an overview from Nadine Huggins and Larry Rousseau, Co-Chairpersons of the Joint Employment Equity Committee, with respect to the accomplishments of the JEEC in 2016-2017. Such accomplishments included: mapping the current Employment Equity system within the Public Service; providing input with respect to the vision and proposed direction of the curriculum currently being developed by the Canada School of Public Service regarding the History of Aboriginal Peoples; providing input into the Public Service Commission’s New Direction in Staffing; and developing relationships with stakeholders. The Co-Chairs also made two specific recommendations to the Executive Committee. The first was with respect to the collection and tracking of data regarding how many non-citizens are applying for positions within the Federal Public Service and how many of these individuals are ultimately appointed by the Public Service Commission (PSC). The second recommendation related to gender identity. Regarding gender identity, the JEEC raised the concern that although the Committee is fully supportive of the inclusion of the transgender population in the public service, the JEEC would like to ensure that those developing legislation, regulations and policy preserve those elements of data collection that permit analysis of the employment situation for women, individuals who have traditionally been members of a disadvantaged equity seeking group. The Executive Committee requested that the JEEC look into this matter and make a recommendation(s) as to what could be added or amended to the collection of data to alleviate this concern. Finally, the Executive Committee accepted the JEEC’s 2017-2018 Work Plan.
- Referred a grievance to the Government Travel Committee for a recommendation on merits after dismissing the preliminary issue of jurisdiction.
- Denied a grievance under the Travel Directive pertaining to travel expenses. The Committee concluded that the grievor was treated within the intent of both the Travel Directive and the Commuting Assistance Directive stating that given the location of the workplace in question, this was not an instance where the Commuting Directive would apply. The Executive Committee also agreed that, based on the information presented at the hearing, there is insufficient evidence to demonstrate that the Travel Directive would apply in this case.
- Upheld a grievance under the Relocation Directive pertaining to the distinction between an Employer-requested relocation versus an employee-requested relocation. The Committee concluded that the grievor was not treated within the intent of the NJC Relocation Directive. The Committee noted that there is a presumption that relocations are considered to be Employer-requested unless the Employer meets very specific criteria outlined in the Directive. As the Department did not follow the proper process to establish that the relocation should be employee-requested, the grievor should have been authorized an Employer-requested relocation.
- Impassed on a grievance under the NJC Relocation Directive pertaining to the denial of separate shipments of household goods and effects.
- Upheld in part a grievance under the Foreign Service Directives pertaining to the Employer’s refusal to approve an accommodation deficiency adjustment, along with meal allowances and a Shelter Cost Waiver. The Committee concluded that the grievor was partially treated within the intent of the Directive to the extent that an Accommodation Deficiency Adjustment (ADA) can be considered for a specific period of time, the period during which the Employee occupied the Crown-held accommodation. As such, the request for an ADA was referred back to the Committee on Accommodation Deficiency for further review. The Committee further agreed that the Meal Allowances requested by the grievor, as well as the Shelter Cost Waiver, are outside the scope of the FSDs. However, the Committee agreed that FSD 15.31, which includes a Shelter Cost Waiver, meals and incidentals, as described in FSD 15 Appendix J, be reviewed for the period when the employee was in temporary accommodation.
- Finally, the Committee agreed that the way Missions handle temporary accommodation for Employees due to operational reasons should be standardized from one Mission to another as currently the practices seem to vary from Mission to Mission. It is requested that the Department work with missions to ensure that there are standard practices in place.
- Denied a grievance under the Isolated Posts and Government Housing Directive pertaining to the denial of bereavement travel expenses. The Committee concluded that the Directive is referring to “legal ward” in the context of a child and does not include an elderly parent or other relative. Therefore, the grievor’s mother does not meet the definition of a “legal ward” under the Directive. Section 3.3.3 is clear that when the death is of an immediate family member other than a biological child, stepchild, adopted child or legal ward, travel expenses will be reimbursed for the employee or the employee’s spouse, but not both. For this reason, it was agreed that the grievor was treated within the intent of the Directive.
- Dismissed grievances under the First Aid to the General Public – Allowance for Employees Directive. The Committee agreed that the objection to timeliness be upheld as the grievances were filed a year after the grievors ought to have become aware of the action or circumstance giving rise to the grievance.
- Reviewed the Results of the Opting Call for the Foreign Service Directives. The Committee reviewed the items that were identified as new by the Employer and made a determination as to whether or not to include them in the input. The Committee also agreed that two proposals were outside the jurisdiction of the NJC. As such, a revised opting call letter was issued to all members of Council.
- Reviewed the Results of the Opting Call for the Work Force Adjustment Directive. The Committee agreed to refer the Work Force Adjustment cyclical review to the Work Force Adjustment Committee following the removal of all of the new items identified by the General Secretary in the Opting Call letter with the exception of: “Adding a new section: Discuss the establishment of a Voluntary Departure Program”.
- Considered a request for interpretation under the Foreign Service Directives pertaining to the authority of the Employer to overrule a decision/recommendation on FSD 16.4.5 from the interdepartmental coordinating committee, in this case, Working Group B. The Committee concluded that the Employer does not have the authority to overrule such a decision/recommendation in this case.
- Provided input with respect to the agenda for the 2017 NJC Seminar.
- Agreed to consider Montreal as a location for the 2018 Seminar and that no Seminar should take place in 2019.
- Agreed that the 2018 March Lunch will once again be held at the NDHQ Warrant Officers’ and Sergeants’ Mess.
June meeting of the Executive Committee:
- Dismissed a grievance under the Travel Directive pertaining to class of air travel on the grounds of mootness.
- Impassed on a grievance under the NJC Relocation Directive pertaining to the Employer’s refusal to apply the provisions of an employer-requested relocation.
- Referred a grievance to the Government Travel Committee for a recommendation on merits after dismissing the preliminary issue of timeliness.
- Dismissed a grievance under the NJC Relocation Directive. The Committee agreed that the objections to timeliness and jurisdiction be upheld.
- Referred a grievance to the Relocation Committee for a recommendation on merits after dismissing the preliminary issue of timeliness.
- Referred a grievance to the Government Travel Committee for a recommendation on merits after dismissing a request to have the same grievance heard by both the Government Travel Committee and the Foreign Service Directives Committee.
- Reviewed the results of the revised Opting Call for the Foreign Service Directives. The Committee agreed the Employer Side of the Committee would provide a rationale for the Treasury Board Secretariat’s request for the removal of the majority of “new” items from consultation at the November meeting. The Committee also agreed to remove the language “not limited to” from all Bargaining Agent proposals and to refer input to the Foreign Service Directive Committee to begin discussions.
- Agreed to recommend the proposed Public Service Dental Care Plan Board of Management budget for 2017-2018. The Committee also agreed the process for approving future budgets should be adjusted.
- Agreed to recommend the proposed Disability Insurance Plan Board of Management budget for 2017-2018. The Committee also agreed the process for approving future budgets should be adjusted.
- Reviewed recommendations made on its behalf by the Joint Employment Equity Committee to the Public Service Commission and requested that a number of clarifications be made. Once the letter is amended, it will be sent to the Co-Chairs of the NJC for signature, between meetings.
- Approved all recommended amendments to the By-Laws with the exception of those proposed under Section 15 – Resolution of Grievances. The Committee agreed to present the revised By-Laws to Council at its September meeting. The Committee further agreed to discuss Section 15 of the By-Laws at the Executive Committee’s November meeting and to present these to Council at its December meeting.
- Agreed that a new request for input with respect to the First Aid to the General Public – Allowance for Employees Directive would be issued by the General Secretary on August 1, 2017, with a target date for input set for February 1, 2018.
- Approved the request for an extension of the input call of the NJC Relocation Directive to July 7, 2017.
- Reviewed the Cyclical Review Schedule for 2017-2018. The Committee agreed certain amendments were required. Following acceptance of the revised schedule, it will be sent to all members of Council for approval secretarially.
- Approved, between meetings, the Travel and Commuting Assistance Directives, Appendix A – Lower Kilometric Rates and Appendix B – Kilometric Rates, effective July 1, 2017.
- Agreed to recommend hosting the 2018 Seminar at the Delta Montreal.
|Employer Side||Bargaining Agent Side|
Assistant Deputy Minister
Treasury Board Secretariat
Canadian Military Colleges Faculty Association
Assistant Deputy Minister
Global Affairs Canada
Public Service Alliance of Canada
|Employer Side Representative
Assistant Deputy Minister
Citizenship and Immigration Canada
|Bargaining Agent Side Representative
Professional Institute of the Public Service of Canada
|Employer Side Secretary
Employer Side Secretary
Treasury Board Secretariat
|Bargaining Agent Side Secretary
Bargaining Agent Side Secretary
Public Service Alliance of Canada
National Joint Council