Terms of Reference

Public Service Modernization Act Union-Management Advisory Committee (UMAC)

1.            General

The Public Service Modernization Act (PSMA) introduces changes to public service employment and labour regimes and new related acts, modernizes institutional and accountability frameworks and provides a new delivery mechanism for addressing learning needs of public servants.

The preamble of the Public Service Labour Relations Act recognizes that effective labour-management relations represent a cornerstone of good human resource management and that collaborative efforts between the parties, through communication and sustained dialogue, improve the ability of the public service to serve and protect the public interest. It also recognizes that commitment from the employer and bargaining agents to mutual respect and harmonious labour-management relations is essential to a productive and effective public service. With these principles in mind, the Treasury Board Secretariat, Deputy Heads, the Public Service Commission, the Public Service Human Resources Management Agency of Canada and the bargaining agents recognize the usefulness of establishing a Public Service Modernization Act (PSMA) Union/Management Advisory Committee (UMAC) as an important mechanism for fostering a collaborative approach to the implementation of C-25 modernization initiatives and for providing joint leadership in modernizing the public service of Canada.

2.            Purpose

The purpose of the PSMA UMAC is to provide a forum for senior level management, the Public Service Commission, and bargaining agent representatives to consult on matters of common interest and to exchange information and views related to the implementation of the PSMA. The types of issues that could be covered include the objectives of HR Modernization and its implementation strategy and plans.

Advice will be sought by management on how best to implement a modern human resources framework in line with the PSMA, so as to enable the public service to retain, attract and develop the talent needed to serve Canadians in the 21^st century.

This forum will also enable employee representatives to communicate to management their views on modernization subjects/initiatives/pilots which are of importance to them. Such consultation ensures that the views of employee representatives are obtained and that management gives careful consideration to these views when making decisions.

The work of the Committee will contribute to the Government's overall efforts to renew the public service, to strengthen the capacity of the public service and to deliver high quality programs and services to Canadians.

3.            Principles and Objectives

With the view of facilitating consultations the parties will be guided by the following principles and objectives:

• In support of positive relations, the parties will exchange information deemed to be of mutual interest.
  
• Consultation involves information sharing but is primarily aimed at obtaining feedback, advice, and suggestions on PSMA implementation plans, policy frameworks and related policy instruments, projects or activities. Consultation can lead to changes, but does not affect the authority of the party responsible for making a decision.
  
• Consultation is intrinsic to good employer/bargaining agent relations and should occur at the initial stages when an activity is contemplated and 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. In fact, some aspects of consultation may not generate agreement. It should, however, lead to a better understanding of each others interests and to why decisions were taken.
  
• Acknowledging that the PSMA UMAC has no decision-making authority, it will explore and pursue opportunities for co-development with the objective of producing joint recommendations to the appropriate executive body of government (Secretary of the Treasury Board Secretariat (TBS), President, Public Service Commission (PSC), etc). Co-development may result in the creation of policies, programs, strategies or pilots, or other actions agreed by the parties.

4.            Composition

The PSMA UMAC will be comprised of senior-level representatives from management (DM and/or ADM-level) and bargaining agents (executive level) as follows:

(i)            Management

Seven (7) senior representatives from the following organizations:

Three (3) representatives from Management:

• Executive Vice-President, Public Service Human Resources Management Agency of Canada (PSHRMAC)
• Vice-President, Human Resources Modernization Implementation Secretariat (HRMIS), PSHRMAC
• Assistant Secretary, Labour Relations and Compensation Operations (LRCO), TBS

Three (3) senior-level managers from departments or agencies as follows:

One of the Co-chairs or one of the Assistant Deputy Ministers from each of the following Deputy Minister (DM) Sub-Committees reporting to the DM HRM Advisory Committee:

• DM Sub-Committee on Staffing and Staffing Recourse
• DM Sub-Committee on Labour Relations and Dispute Resolution
• DM Sub-Committee on Learning, Cultural Change and Communications

A representative from the Canada School of Public Service will be invited to attend if the discussion concerns joint design or joint training issues.

(ii)        Public Service Commission

One (1) representative from the Public Service Commission:

• Vice-President, Merit Policy and Accountability Branch (MPAB), PSC

(iii)            Bargaining Agents

Seven (7) representatives of the bargaining agents as determined by the Bargaining Agent side of the National Joint Council (NJC). The following bargaining agents will be represented:

• Public Service Alliance of Canada (PSAC - 2)
• The Professional Institute of the Public Service of Canada (PIPSC - 1)
• Canadian Association of Professional Employees (CAPE - 1)
• Association of Public Service Financial Administrators (APSFA - 1)
• International Brotherhood of Electrical Workers (IBEW - 1)
• Union of Canadian Correctional Officers – Syndicat des agents correctionnels du Canada (UCCO-SACC-CSN-1)

The bargaining agent representatives from the above list will also represent the labour perspective as permanent members of the Deputy Minister (DM) Sub-Committees reporting to the HRMI DM Working Group, as follows:

• DM Sub-Committee on Staffing and Staffing Recourse (2)
• DM Sub-Committee on Labour Relations and Dispute Resolution (2)
• DM Sub-Committee on Learning, Cultural Change and Communications (2).

In accordance with the terms of reference for these DM Sub-Committees, no alternates will be allowed.

(iv)            Alternation on PSMA Union-Management Advisory Committee

Management and bargaining agents will supply the names of their representatives and one alternate to the PSMA UMAC Secretariat. At Committee meetings, only the member or alternate member may attend and be recognized as the official representative of their organization/committee. Advisors and bargaining agent assignees on the Human Resources Modernization Implementation Secretariat will attend and they may be asked to brief committee participants, as need be.

5.            Chairpersons

The Executive Vice-President, PSHRMAC, will be the chairperson. A representative of the Bargaining Agents side, appointed by the bargaining agents, will be the co-chairperson. The co-chairpersons, at the request and concurrence of either party, may invite persons or speakers may be invited to address the meeting on predetermined topics.

6.            Meetings

Meetings will be convened not less than every two months.

Management and bargaining agent members of the Committee will be responsible for providing agenda items to the Committee Co-Secretaries. This must be done in sufficient time to permit the meeting agenda to be distributed to all Committee members, at least one week in advance of the scheduled meeting. Items not on the agenda may be discussed at the meeting with the approval of the Co-Chairs.

The Committee Secretaries will prepare a record of decisions which will be posted on the HRMIS and NJC websites.

7.            Secretariat

The secretariat support to the committee will be shared by the Executive Director, Public Service Labour Relations Act/Financial Administration Act Implementation and the General Secretary of the National Joint Council. The Executive Director and General Secretary will consult and make recommendations to the PSMA UMAC on how they will jointly support the activities of the committee which could include the establishment of agendas, coordination and convening of meetings, provision of records of decisions and ensuring follow-up actions.

8.            Statement of Understanding

This Agreement is intended to foster understanding and goodwill between management and employee representatives. It is based on the recognition of the importance attributed to the need for implementing a modernized human resources framework in a collaborative and mutually respectful manner.

The guidelines provided in this Agreement are intended as a framework within which the parties may work in consultation with each other, and to provide advice to the employer on implementation of modernization initiatives.

9.            Without Prejudice

The parties to this agreement recognize that bargaining agent participation in the UMAC, DM Sub-committees or Working Groups and sub-groups ("the groups"), including any opinion expressed or recommendation made within those groups, shall not be taken to constitute an implied or express endorsement of the work or recommendations of any of the groups, and the participation of bargaining agents and their representatives on these groups is made without prejudice to any future action or position which a participant may take.

APPROVED THE 21^st day of May 2004
(To see an updated list of the membership, please consult the following link: http://www.njc-cnm.gc.ca/doc.php?lang=e&SubjectID=60)