OGGO Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 34

Thursday, May 1st, 2003

The Standing Committee on Government Operations and Estimates met at 9:19 a.m. this day, in Room 362, East Block, the Chair, Reg Alcock, presiding.

Members of the Committee present: Reg Alcock, Roy Cullen, Paul Forseth, Robert Lanctôt, Gerry Ritz, Paul Szabo and Tony Tirabassi.

Acting Members present: Hélène Scherrer for Carolyn Bennett; Paul Macklin for Raymonde Folco; The Hon. Hedy Fry for Judy Sgro; Raymond Simard for Tony Valeri; Peter Stoffer for Pat Martin.

In attendance: From the Library of Parliament: Jack Stilborn, Analyst.

Witnesses: From the Human Resources Modernization Task Force: Ranald A. Quail, Deputy Minister and Head; Monique Boudrias, Assistant Deputy Minister and Senior Advisor; Yvette Aloisi, Director General, Institutional Reform, Memorandum to the Cabinet Development; Michel LeFrançois, General Counsel; Lois Pearce, Director General, Policy; Glynnis French, Assistant Secretary, Policy and Planning.

Pursuant to its Order of Reference of Thursday, February 20, 2003, the Committee resumed consideration of Bill C-25, An Act to modernize employment and labour relations in the public service and to amend the Financial Administration Act and the Canadian Centre for Management Development Act and to make consequential amendments to other Acts (See Minutes of Proceedings, Thursday, February 27, 2003, Meeting No. 12).

The Committee resumed consideration of Clause 2.

Robert Lanctôt moved, -- That Bill C-25, in Clause 2, be amended by replacing lines 14 to 23 on page 8 with the following:

“8. Each deputy head must, to ensure effective performance, establish in consultation with the bargaining agents representing employees in the portion of the federal public administration for which he or she is deputy head, a consultation committee consisting of representatives of the deputy head and the bargaining agents for the purpose of exchanging information and obtaining views and advice on issues relating to the workplace that affect those employees. In order to facilitate the process, union meetings in the workplace during normal hours shall be authorized.”

After debate, the question being put on the amendment, it was negatived on division.

Paul Forseth moved, -- That Bill C-25, in Clause 2, be amended by replacing line 23 on page 8 with the following:

that affect those employees, which issues may include, among other things,

(a) harassment in the workplace; and

(b) the disclosure of information concerning wrongdoing in the public service and the protection from reprisal of employees who disclose such information.

The question being put on the amendment, it was agreed to by unanimous consent.

Robert Lanctôt moved, -- That Bill C-25, in Clause 2, be amended by adding after line 23 on page 8 the following:

“8.1 The consultation committees must prepare each year their consultation program and must meet and consult with each other in good faith, and make every effort to reach an agreement.”

After debate, the question being put on the amendment, it was negatived on division.

Robert Lanctôt moved, -- That Bill C-25, in Clause 2, be amended by replacing line 35 on page 8 with the following:

“provements. The parties involved in a co-development improvement's initiative must agree at the outset on a process for the resolution of any disputes relating to that initiative. ”

After debate, the question being put on the amendment, it was negatived on division.

Robert Lanctôt moved, -- That Bill C-25, in Clause 2, be amended by replacing line 5 on page 9 with the following:

“may agree on. Any dispute regarding the co-development of workplace improvements may be resolved through the National Joint Council's dispute resolution process, regardless of whether the dispute is within the Council's jurisdiction.”

After debate, the question being put on the amendment, it was negatived on division.

Robert Lanctôt moved, -- That Bill C-25, in Clause 2, be amended by adding after line 5 on page 9 the following:

“11.1 The employer and a bargaining agent must establish a process to resolve disputes between the parties where the consultation committees are unable to reach an agreement.”

After debate, the question being put on the amendment, it was negatived on division.

Robert Lanctôt moved, -- That Bill C-25, in Clause 2, be amended by adding after line 5 on page 9 the following:

“11.2 The Board may review any complaint alleging that the employer or the trade union has failed to comply with their duty to consult in good faith.”

After debate, the question being put on the amendment, it was negatived on division.

Robert Lanctôt moved, -- That Bill C-25, in Clause 2, be amended by replacing line 14 on page 9 with the following:

“in accordance with this Act, and to ensure the attainment of the objectives of this Act.”

After debate, the question being put on the amendment, it was negatived on division.

Tony Tirabassi moved, -- That Bill C-25, in Clause 2, be amended by replacing lines 31 to 36 on page 9 and lines 1 to 6 on page 10 with the following:

Compensation analysis and research services
16. (1) The compensation analysis and research services to be provided by the Board include conducting compensation surveys, compiling information relating to compensation, analyzing that information and making it, and the analysis, available to the parties and to the public, and conducting any research relating to compensation that the Chairperson may direct.
Restriction on disclosure
(2) In making information or analysis available under subsection (1), no member and no person employed by or acting under the direction of the Board shall disclose or knowingly cause to be disclosed, by any means, any information that makes it possible to relate the information or analysis to any identifiable individual person, business or organization.
Exception
(3) Subsection (2) does not apply if the person, business or organization concerned has consented in writing to the information being disclosed.
After debate, the amendment was agreed to on division.

Robert Lanctôt moved, -- That Bill C-25, in Clause 2, be amended by replacing line 8 on page 10 with the following:

“provision of stable funding, facilities and administrative sup-”

After debate, the question being put on the amendment, it was negatived on division.

Robert Lanctôt moved, -- That Bill C-25, in Clause 2, be amended by replacing lines 34 and 35 on page 10 with the following:

“19. (1) Every member, other than the Chairperson, and every Vice-Chairperson must be”

After debate, by unanimous consent, the amendment was stood.

Robert Lanctôt moved, -- That Bill C-25, in Clause 2, be amended by replacing line 11 on page 14 with the following:

“before the Board or an interim order relating to any matter referred to in this division or Part 2. ”

After debate, by unanimous consent, the amendment was stood.

Peter Stoffer moved, -- That Bill C-25, in Clause 2, be amended by replacing line 8 on page 10 with the following:

“provision of facilities, secure funding and administrative sup-”

After debate, the question being put on the amendment, it was negatived on division.

Robert Lanctôt moved, -- That Bill C-25, in Clause 2, be amended by replacing line 23 on page 17 with the following:

“before it without holding an oral hearing, provided that the parties involved agree that the matter in respect of which the complaint was made does not require an oral hearing.”

After debate, the question being put on the amendment, it was negatived on division.

Robert Lanctôt moved, -- That Bill C-25, in Clause 2, be amended by replacing lines 38 to 41 on page 20 with the following:

“(4) The advisory board is comprised only of representatives of the employer and the trade union, in equal numbers so as to form the majority of the members of the board under an impartial chairperson.”

After debate, the question being put on the amendment, it was negatived on division.

Peter Stoffer moved, -- That Bill C-25, in Clause 2, be amended by replacing lines 40 and 41 on page 20 with the following:

“of members nominated by the employer and by the trade union, and that the chairperson is neutral.”

After debate, the question being put on the amendment, it was negatived on division.

Robert Lanctôt moved, -- That Bill C-25, in Clause 2, be amended by adding after line 41 on page 20 the following:

“53.1 During the transition period, an interim working group shall be established and shall consist of, in equal numbers, representatives of the employer and of trade unions and university-based experts in the administration of compensation plans and creation of pay databases. ”

After debate, the question being put on the amendment, it was negatived on division.

Peter Stoffer moved, -- That Bill C-25, in Clause 2, be amended by adding after line 19 on page 23 the following:

“(2) For greater certainty, if the Board has determined that an employee occupies a position that is included in a particular bargaining unit, that position shall be considered to be included in that unit until the Board rules that the position is no longer included in that unit.”

After debate, the question being put on the amendment, it was negatived on division.

Robert Lanctôt moved, -- That Bill C-25, in Clause 2, be amended by deleting lines 20 to 45 on page 23 and lines 1 to 22 on page 24.

After debate, the question being put on the amendment, it was negatived on division.

By unanimous consent, it was agreed, -- That the result of the vote on the previous amendment be applied to the following amendments, negatived on division.

That Bill C-25, in Clause 2, be amended by deleting lines 23 to 25 on page 24.

That Bill C-25, in Clause 2, be amended by deleting lines 26 to 31 on page 24.

That Bill C-25, in Clause 2, be amended by deleting lines 32 to 45 on page 24 and lines 1 to 3 on page 25.

That Bill C-25, in Clause 2, be amended by deleting lines 4 to 8 on page 25.

That Bill C-25, in Clause 2, be amended by deleting lines 12 to 22 on page 28.

That Bill C-25, in Clause 2, be amended by deleting lines 23 and 24 on page 28.

That Bill C-25, in Clause 2, be amended by deleting lines 25 to 30 on page 28.

That Bill C-25, in Clause 2, be amended by deleting lines 31 to 43 on page 28 and lines 1 to 3 on page 29.

That Bill C-25, in Clause 2, be amended by deleting lines 4 to 8 on page 29.

That Bill C-25, in Clause 2, be amended by deleting lines 9 to 29 on page 29.

At 12:02 p.m., the Committee adjourned to the call of the Chair.

Christine Fisher

Committee Clerk