UNION-MANAGEMENT CONSULTATION AGREEMENT - FRAMEWORK FOR UNION-MANAGEMENT CONSULTATION BETWEEN THE TRANSLATION BUREAU AND THE CANADIAN ASSOCIATION OF PROFESSIONAL EMPLOYEES
January 18, 2006
CAPE, the Local and the Translation Bureau have reached an agreement establishing a framework for union-management consultation, the text of which follows. We trust the outcome of all this effort will be better ways of consulting the union within the Bureau. To that end, training for managers and union stewards will be provided early in 2006.
Preamble
The parties to this agreement - the Translation Bureau and the Canadian Association of Professional Employees (CAPE)- are committed to union-management consultation in all its forms (information, consultation, co-development), as they recognize the benefits of consultation and strongly believe that it is essential to good union-management relations.
Consultation must form an integral part of the management practices of anyone carrying out executive or management tasks, including Bureau and CAPE representatives, as they share responsibility for adopting a union-management consultation approach.
Consultation is a useful and constructive exercise that enables parties to engage in two-way communication, understand each other's interests and address labour relation issues in a climate of collaboration, openness, trust and mutual respect. Consultation also enables parties to share information in good faith and in a transparent manner; seek opinions and advice; examine issues, problems and disputes; find collaborative solutions; and better understand each other's standpoint and, sometimes, decisions that have been made.
This document explains the principles and conditions that apply to consultation and that may be used to establish a co development process in the future.
Definitions
Consultation: The parties discuss and offer their opinions about an issue or measure, then the party that requested the consultation makes a decision and informs the other party. As a result, the parties gain a better understanding of the reasons behind the decision, even though they may not necessarily agree. This approach improves the quality of decisions and promotes a climate of trust, better labour relations, and an understanding of the purpose and the basis of the chosen measures.
[Consultation ≠ co development]
Co-development: The parties make a joint decision by consensus after examining the issue or problem and the possible solutions. The parties attempt to satisfy their respective legitimate interests and support the decisions made. This approach promotes a climate of trust and creative solutions and encourages greater concurrence in decisions by those who are affected by them. This approach also complements the consultation and collective bargaining processes. [Example: Financial Incentive Plan]
Information: One party informs the other party of its unilateral decision or shares other types of information. Consultation may follow to determine, for example, how the decision will be implemented. [Examples: strategic direction, financial situation, relocation, refit] [Information ≠ consultation]
Principles
For consultation to be effective, it must be sincere and constructive. Discussions must be carried out in a climate of collaboration before any action is taken and must take place as soon as possible, before ideas are formed, final decisions are made and implementation plans are carried out. Consultations must be held as soon as a measure is proposed or a problem arises and before the parties begin formulating their own conclusions. The parties must continue consulting at each stage of the process. Union-management consultation aims to avoid unilateral decisions insofar as possible.
During union-management consultations, the parties listen openly and discuss the merits of an issue as equals. When a party announces its position on an issue brought forth, it first informs the other party of its decision and reasoning.
Communications must be straightforward and open, and the parties must be willing to listen to each other's point of view. The party faced with the decision must provide the other party with as much information as possible to allow it to fully grasp the problem or issue at hand and to play an active role in finding mutually acceptable solutions.
Committee limitations and jurisdictions
Any issue may be submitted for consultation except those that aim to amend acts, collective agreements or regulations governing working conditions or those that already have a prescribed resolution method. The parties will not handle any issues outside their jurisdiction.
The union-management consultation process must not infringe on the employer's management rights. Its purpose is to affirm the importance of the opinions and perceptions of employees and their representatives.
The consultation process does not aim to infringe on CAPE's rights and responsibilities pursuant to legislation or the collective agreement. It enables the parties to discuss topics that are not necessarily covered in the collective agreement but that are central to the Bureau.
Individual grievances, appeals or complaints are not discussed, but their underlying causes may be brought forth subject to the approval of the parties.
Each party is entitled to make commitments on behalf of its constituents.
Expectations
The parties agree that consultation will not necessarily satisfy both parties with respect to all aspects of an issue. True consultation aims to find the best possible solution that serves the interests of both parties and bases decisions on objective criteria.
Method
The parties agree to adopt certain elements of interest-based bargaining that will enable them to analyse and understand problems and issues and find solutions. These include stating and explaining the problem or dispute and the parties' respective interests and finding creative and concrete solutions that can be implemented by examining how they might affect the parties' legitimate interests.
Clerical support
The Bureau's labour relations service provides clerical support. It ensures that the consultation schedule is followed and that the follow-ups are carried out, and it keeps the minutes of the various union-management consultation committees.
Follow-up
The parties agree that the various committee co-chairs will follow up on decisions.
Rules of operation
The committees are subject to the rules outlined below.
Committee make-up and co-chairs
The party representatives on the various committees are defined under the heading "Levels of consultation". The representatives are responsible for appointing a co-chair, and each party can call on the services of advisors.
Other participants
By mutual agreement, the members may invite others to attend the meetings for the purpose of providing advice or information on a specific agenda item. As a general rule, the committee members are notified in advance.
Levels of consultation
Translation Bureau national committee
Senior Management Committee + CAPE Local executive committee + CAPE and Bureau labour relations officers
Jurisdiction: any issue involving more than one sector
Sectoral committees
Sector management committee (Operations, Parliamentary, Terminology Standardization, Business Development) + CAPE Local sectoral union representatives + CAPE and Bureau labour relations officers
Jurisdiction: any issue involving more than one unit or directorate
Intermediate committees (directorates, Operations)
Management committees + CAPE Local union representatives + CAPE and Bureau labour relations officers
Jurisdiction: any issue involving more than one unit
Local consultation
Manager + union representative and/or CAPE members + CAPE and Bureau labour relations officers
Jurisdiction: working conditions, application of the collective agreement, Treasury Board policies
Permanent or special subcommittees
The parties agree that certain issues may require special consultation at the national, sectoral, intermediate or local levels [e.g. technology, human resources, labour relations, wellness].
Ad hoc consultations
The parties agree that it is not always possible or necessary for certain issues, such as office relocation and fit-up, to be submitted for consultation in its prescribed form by the established committees. At present, the director or manager informs the CAPE Local president of any project of this nature, and the president tasks the union representative and/or employees of the unit with carrying out consultations with the employer.
The parties also agree that, to make the process more dynamic, regular meetings will be held between representatives of the Bureau and its major sectors and the president and representatives of the CAPE Local.
Disputes
When a dispute arises, the parties agree to use an alternative dispute resolution method or request the assistance of the committee at the level of consultation immediately above them.
Validation
The national committee ensures that consultations are carried out in the spirit of this union management consultation agreement.
Replacements
To ensure continuity, the members of a union-management consultation committee will remain the same for as long as possible and will be replaced only when necessary.
Frequency of meetings
At the beginning of the fiscal year, the two co-chairs will prepare the year's meeting schedule for each committee.
National committee:
Three times a year: April, September or October and January on the scheduled date
Sectoral committees:
Three times a year: May, October and February on the scheduled date
Intermediate committees:
At the request of either party
Local committees:
Once a month
Permanent or special subcommittees:
At the request of either party
In exceptional circumstances, a meeting may be moved subject to the approval of both parties.
Meeting times and locations
The meetings will be held during regular working hours at the offices of the employer or CAPE, depending on room availability. To ensure that communication between the two parties is effective and productive, the union representatives may take the necessary paid leave for union business to plan and attend meetings, carry out follow-ups and travel to the meeting location.
Agenda
Three to four weeks before the regular meetings of the national and sectoral union management consultation committees, the secretary designated by the employer will contact the representatives of the employer and CAPE to find out which items should appear on the agenda and have them approve the agenda once the information is gathered. A brief explanation of each item will be included so that the parties can adequately prepare. The agenda and, if possible, any related documents will be sent to the committee members at least one week before the meeting.
Meetings
The co-chairs will chair the meetings, and to encourage communication, discussions will not be subject to a formal procedure. Each committee is free to adopt the operating method that suits it best.
Minutes
Translation Bureau national committee and sectoral committees
The secretary designated by the employer will prepare the minutes (items discussed, decisions made, necessary follow-ups, those responsible) as soon as possible after the meeting and will submit them to the co-chairs for review and comments. The minutes will then be sent to the other committee members.
Local committees
The local committees will report on the outcomes of the consultation meetings to the appropriate director, the president of the Translation Bureau CAPE Local and the labour relations officers of the Bureau and CAPE. The committees will attach a follow-up sheet to their minutes.
Communications
The parties carrying out union-management consultations must be able to consult their constituents and keep them abreast of how matters are progressing to ensure that they will agree with the decisions made. Each party is responsible for developing its own communication plans, but out of courtesy, the parties provide each other with an outline of the messages they intend to send out.
The parties may also agree to distribute joint news releases.
Training
The parties agree that training is key to success and undertake to develop the necessary training on the basis of the parties' needs. They will attend joint consultation training when required.
Review and amendments
The parties agree that this document can be reviewed and amended at any time at the request of either party.
Document approved on January 18, 2005
---------------------------------------------------------
Francine Kennedy
Luc Gervais
Translation Bureau
Canadian Association of Professional Employees
January 18, 2006
CAPE, the Local and the Translation Bureau have reached an agreement establishing a framework for union-management consultation, the text of which follows. We trust the outcome of all this effort will be better ways of consulting the union within the Bureau. To that end, training for managers and union stewards will be provided early in 2006.
FRAMEWORK FOR UNION-MANAGEMENT CONSULTATION
BETWEEN THE TRANSLATION BUREAU AND
THE CANADIAN ASSOCIATION OF PROFESSIONAL EMPLOYEES
BETWEEN THE TRANSLATION BUREAU AND
THE CANADIAN ASSOCIATION OF PROFESSIONAL EMPLOYEES
Preamble
The parties to this agreement - the Translation Bureau and the Canadian Association of Professional Employees (CAPE)- are committed to union-management consultation in all its forms (information, consultation, co-development), as they recognize the benefits of consultation and strongly believe that it is essential to good union-management relations.
Consultation must form an integral part of the management practices of anyone carrying out executive or management tasks, including Bureau and CAPE representatives, as they share responsibility for adopting a union-management consultation approach.
Consultation is a useful and constructive exercise that enables parties to engage in two-way communication, understand each other's interests and address labour relation issues in a climate of collaboration, openness, trust and mutual respect. Consultation also enables parties to share information in good faith and in a transparent manner; seek opinions and advice; examine issues, problems and disputes; find collaborative solutions; and better understand each other's standpoint and, sometimes, decisions that have been made.
This document explains the principles and conditions that apply to consultation and that may be used to establish a co development process in the future.
Definitions
Consultation: The parties discuss and offer their opinions about an issue or measure, then the party that requested the consultation makes a decision and informs the other party. As a result, the parties gain a better understanding of the reasons behind the decision, even though they may not necessarily agree. This approach improves the quality of decisions and promotes a climate of trust, better labour relations, and an understanding of the purpose and the basis of the chosen measures.
[Consultation ≠ co development]
Co-development: The parties make a joint decision by consensus after examining the issue or problem and the possible solutions. The parties attempt to satisfy their respective legitimate interests and support the decisions made. This approach promotes a climate of trust and creative solutions and encourages greater concurrence in decisions by those who are affected by them. This approach also complements the consultation and collective bargaining processes. [Example: Financial Incentive Plan]
Information: One party informs the other party of its unilateral decision or shares other types of information. Consultation may follow to determine, for example, how the decision will be implemented. [Examples: strategic direction, financial situation, relocation, refit] [Information ≠ consultation]
Principles
For consultation to be effective, it must be sincere and constructive. Discussions must be carried out in a climate of collaboration before any action is taken and must take place as soon as possible, before ideas are formed, final decisions are made and implementation plans are carried out. Consultations must be held as soon as a measure is proposed or a problem arises and before the parties begin formulating their own conclusions. The parties must continue consulting at each stage of the process. Union-management consultation aims to avoid unilateral decisions insofar as possible.
During union-management consultations, the parties listen openly and discuss the merits of an issue as equals. When a party announces its position on an issue brought forth, it first informs the other party of its decision and reasoning.
Communications must be straightforward and open, and the parties must be willing to listen to each other's point of view. The party faced with the decision must provide the other party with as much information as possible to allow it to fully grasp the problem or issue at hand and to play an active role in finding mutually acceptable solutions.
Committee limitations and jurisdictions
Any issue may be submitted for consultation except those that aim to amend acts, collective agreements or regulations governing working conditions or those that already have a prescribed resolution method. The parties will not handle any issues outside their jurisdiction.
The union-management consultation process must not infringe on the employer's management rights. Its purpose is to affirm the importance of the opinions and perceptions of employees and their representatives.
The consultation process does not aim to infringe on CAPE's rights and responsibilities pursuant to legislation or the collective agreement. It enables the parties to discuss topics that are not necessarily covered in the collective agreement but that are central to the Bureau.
Individual grievances, appeals or complaints are not discussed, but their underlying causes may be brought forth subject to the approval of the parties.
Each party is entitled to make commitments on behalf of its constituents.
Expectations
The parties agree that consultation will not necessarily satisfy both parties with respect to all aspects of an issue. True consultation aims to find the best possible solution that serves the interests of both parties and bases decisions on objective criteria.
Method
The parties agree to adopt certain elements of interest-based bargaining that will enable them to analyse and understand problems and issues and find solutions. These include stating and explaining the problem or dispute and the parties' respective interests and finding creative and concrete solutions that can be implemented by examining how they might affect the parties' legitimate interests.
Clerical support
The Bureau's labour relations service provides clerical support. It ensures that the consultation schedule is followed and that the follow-ups are carried out, and it keeps the minutes of the various union-management consultation committees.
Follow-up
The parties agree that the various committee co-chairs will follow up on decisions.
Rules of operation
The committees are subject to the rules outlined below.
Committee make-up and co-chairs
The party representatives on the various committees are defined under the heading "Levels of consultation". The representatives are responsible for appointing a co-chair, and each party can call on the services of advisors.
Other participants
By mutual agreement, the members may invite others to attend the meetings for the purpose of providing advice or information on a specific agenda item. As a general rule, the committee members are notified in advance.
Levels of consultation
Translation Bureau national committee
Senior Management Committee + CAPE Local executive committee + CAPE and Bureau labour relations officers
Jurisdiction: any issue involving more than one sector
Sectoral committees
Sector management committee (Operations, Parliamentary, Terminology Standardization, Business Development) + CAPE Local sectoral union representatives + CAPE and Bureau labour relations officers
Jurisdiction: any issue involving more than one unit or directorate
Intermediate committees (directorates, Operations)
Management committees + CAPE Local union representatives + CAPE and Bureau labour relations officers
Jurisdiction: any issue involving more than one unit
Local consultation
Manager + union representative and/or CAPE members + CAPE and Bureau labour relations officers
Jurisdiction: working conditions, application of the collective agreement, Treasury Board policies
Permanent or special subcommittees
The parties agree that certain issues may require special consultation at the national, sectoral, intermediate or local levels [e.g. technology, human resources, labour relations, wellness].
Ad hoc consultations
The parties agree that it is not always possible or necessary for certain issues, such as office relocation and fit-up, to be submitted for consultation in its prescribed form by the established committees. At present, the director or manager informs the CAPE Local president of any project of this nature, and the president tasks the union representative and/or employees of the unit with carrying out consultations with the employer.
The parties also agree that, to make the process more dynamic, regular meetings will be held between representatives of the Bureau and its major sectors and the president and representatives of the CAPE Local.
Disputes
When a dispute arises, the parties agree to use an alternative dispute resolution method or request the assistance of the committee at the level of consultation immediately above them.
Validation
The national committee ensures that consultations are carried out in the spirit of this union management consultation agreement.
Replacements
To ensure continuity, the members of a union-management consultation committee will remain the same for as long as possible and will be replaced only when necessary.
Frequency of meetings
At the beginning of the fiscal year, the two co-chairs will prepare the year's meeting schedule for each committee.
National committee:
Three times a year: April, September or October and January on the scheduled date
Sectoral committees:
Three times a year: May, October and February on the scheduled date
Intermediate committees:
At the request of either party
Local committees:
Once a month
Permanent or special subcommittees:
At the request of either party
In exceptional circumstances, a meeting may be moved subject to the approval of both parties.
Meeting times and locations
The meetings will be held during regular working hours at the offices of the employer or CAPE, depending on room availability. To ensure that communication between the two parties is effective and productive, the union representatives may take the necessary paid leave for union business to plan and attend meetings, carry out follow-ups and travel to the meeting location.
Agenda
Three to four weeks before the regular meetings of the national and sectoral union management consultation committees, the secretary designated by the employer will contact the representatives of the employer and CAPE to find out which items should appear on the agenda and have them approve the agenda once the information is gathered. A brief explanation of each item will be included so that the parties can adequately prepare. The agenda and, if possible, any related documents will be sent to the committee members at least one week before the meeting.
Meetings
The co-chairs will chair the meetings, and to encourage communication, discussions will not be subject to a formal procedure. Each committee is free to adopt the operating method that suits it best.
Minutes
Translation Bureau national committee and sectoral committees
The secretary designated by the employer will prepare the minutes (items discussed, decisions made, necessary follow-ups, those responsible) as soon as possible after the meeting and will submit them to the co-chairs for review and comments. The minutes will then be sent to the other committee members.
Local committees
The local committees will report on the outcomes of the consultation meetings to the appropriate director, the president of the Translation Bureau CAPE Local and the labour relations officers of the Bureau and CAPE. The committees will attach a follow-up sheet to their minutes.
Communications
The parties carrying out union-management consultations must be able to consult their constituents and keep them abreast of how matters are progressing to ensure that they will agree with the decisions made. Each party is responsible for developing its own communication plans, but out of courtesy, the parties provide each other with an outline of the messages they intend to send out.
The parties may also agree to distribute joint news releases.
Training
The parties agree that training is key to success and undertake to develop the necessary training on the basis of the parties' needs. They will attend joint consultation training when required.
Review and amendments
The parties agree that this document can be reviewed and amended at any time at the request of either party.
Document approved on January 18, 2005
---------------------------------------------------------
Francine Kennedy
Luc Gervais
Translation Bureau
Canadian Association of Professional Employees