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Wednesday November 19, 2008
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National Union-Management Committee (NUMC)
JOINT UNION-MANAGEMENT TERM STUDY RECOMMENDATIONS
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| Issue | Recommendation | Action Plan | OPI | Cost | |
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| 5.1 | The current policy makes a distinction between the allotment of uniforms and equipment for term and indeterminate employees. | The current uniform policy that applies to customs officers should be reviewed. The allotment of uniforms and equipment should be based on operational needs and there should be no distinction based on tenure of employment. | • No longer within the mandate of the Canada Revenue Agency (CRA). Notify Head of Canada Border Services Agency (CBSA). | CBSA | |
| 5.2 | There are inconsistencies in access to job specific training offered between term and indeterminate employees. | Employees should have equal access to job related training regardless of their tenure of employment. If term employees are denied job related training opportunities, the reasons should be based on operational requirements and should be clearly communicated to the employee(s) concerned. | • Employees should be provided with the appropriate training they need to do their jobs effectively. Job specific training should be provided to term employees, similar to permanent employees, commensurate with the duties they are expected to perform. In the event that term employees are denied job related training opportunities, the reasons should be based on operational requirements and should be clearly communicated to the employee(s) concerned. • It was agreed that the message indicated directly above be incorporated into the Manager's Toolkit or other communication material which will be provided to regional/branch management across the Agency in the implementation of the Term Study recommendations. |
Training and Learning | |
| 5.3 | There is inconsistent application of policy regarding the use of term employment. | Term employment should be used for its intended purpose. Where indeterminate needs exist, staffing should be done on an indeterminate basis and term employment should not be used as a substitute for the probationary period. | • Manager’s Toolkit - outline that term employment for work that is temporary in nature consistent with current policy • Integrate message into manager’s delegation training |
Resourcing and Career Management, Resourcing and Recourse | |
| 5.4 | There are inconsistent practices regarding long service awards for term employees. | The “Guide for Administering the Recognition Program in the CCRA”, states that continuous service of term employees, including those hired for seasonal programs, counts toward the long service awards. It goes on to suggest that local offices can also recognize those individuals who return Program after Program. The Guide should be updated to strengthen the recognition that term employees are valuable to the Agency. | • Manager’s Toolkit • Clarify Guide to Administering the Recognition program |
Strategic Branch Management, Recognition program | |
| 5.5 | The current pay system is not responsive to term hiring and results in differences in treatment. | The Agency’s pay system should be more responsive to the nature of term employment and the needs of term employees. Term employment needs to be considered in the current re-engineering of pay process and the following issues should be addressed: direct deposit for term employees, the practice of withholding pay at the beginning of a term assignment, practices related to the recovery of overpayments and the challenges related to frequent changes in the hours of work and changes in levels. | • The practice of withholding pay, overpayment practices, and direct deposit for term employees, and frequent changes in the hours of work will be further reviewed in terms of conducting a cost-benefit analysis. Additional analysis will also be undertaken relating to issues in changes in levels. • Most of the above issues should be resolved when Net Pay is implemented. • Analysis regarding direct deposit for terms under 6 months is being considered in the Compensation Service Delivery and Renewal project. |
Corporate Compensation | |
| 5.6 | Term employees perceive that managers are rewarded, through performance bonuses, for employees’ production rate. There is a perception that term employees produce more, therefore, that there is no incentive to make term employees permanent. | The performance pay provisions and process for managers should be clearly communicated to all employees. | • Manager’s Toolkit - refer to the Performance Management web site. Information about performance pay has been posted on the Infozone since August 2004. • As part of Effective People Management for MG, managers are responsible for making decisions and behaving in accordance with the Agency's values as well as communicating openly and in a multi-directional fashion. |
Resourcing and Career Management, Performance Management | |
| 5.7 | Some term employees feel that they are held to a different standard of performance. The consequences of not meeting standards are perceived to be higher for term employees. | Performance objectives should be consistent between term and indeterminate employees. | • Manager’s Toolkit – communicate the consistency of performance standards to all employees. • The above message should also be communicated to term employees (i.e. orientation package, Questions and Answers on Employee’s Corner, etc). • As part of Effective People Management for MG, managers are responsible for making decisions and behaving in accordance with the Agency's values as well as communicating openly and in a multi-directional fashion. |
Resourcing and Career Management, Performance Management | |
| 5.8 | There is inconsistent use of the rehire process in relation to the consideration of performance and experience, i.e. administration of tests to qualify for rehire. Employees do not know on what basis term employees will be rehired and/or extend and perceive that the criteria for selection changes. There is a feeling that experience is not properly valued in the re-hire process. |
• Rehire decisions should be based on performance, as stipulated in the current Directive on Re-hire of Term employees. • Term employees should not be subjected to standardized tests nor should they have to re-compete for their own position. • In consultation with the union, clear and consistent guidelines should be developed on the application of performance in the rehire process and particular attention should be given to defining the assessment of dependability. • Efforts should be made to have more transparency in rehire decisions. Rehire criteria should be communicated to term employees at the beginning of their assignment and, consistent with the current directive, term employees should be advised of their chances of being rehired at the end of their contract. • Experience and performance will be the critical factors used in making rehire decisions.
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• Draft staffing bulletin on the use of various methods of assessment in re-hire and term extension decisions. The use of standardized tests in re-hire and term extension decisions will be discouraged. This would include how the performance and experience of candidates/employees, and locally developed tests can determine the extent that candidates/employees possess qualifications. Guidance on the assessment of dependability will be outlined in the staffing bulletin. Consultation with management and the Unions will occur. • Manager’s Toolkit – communicate that using experience and performance as critical factors in re-hire decisions as well as communicating re-hire criteria at the beginning and end of their contract. |
Resourcing and Career Management, Resourcing and Recourse (lead), Assessment Services (secondary), Performance Management (secondary) | |
| 5.9 | There are situations where there are arbitrary breaks in service of term employees over 60 days. | Given the current policy, there is no basis to have arbitrary beaks in service. Term employees should not be subject to breaks that are not related to operational requirements. | • Manager’s Toolkit - outline that breaks in service should be based on operational requirements, explain reasons for breaks in service • Integrate message into manager’s delegation training |
Resourcing and Career Management, Resourcing and Recourse | |
| 5.10 | Term employees fear speaking up, accessing union representation, etc. | • Term employees are valuable to the Agency and their input is important. The Agency should ensure a work environment where term employees do not fear reprisals for speaking up. • Consistent with current collective agreement provisions, there should be an orientation sessions for employees that includes a joint union-management communication of processes, rights and entitlements. |
• A memorandum to all Assistant Commissioners was sent in December 2003 to advise that management should extend an invitation to the local Union representatives to all current and future orientation programs/sessions and to provide the opportunity for new employees to be introduced to their Union representatives. • Additional message relating to introducing union representatives at orientation programs/session will form part of the Manager's Toolkit • This message will also be reinforced through awareness sessions on harassment, code of ethics and conduct, etc. |
Corporate Staff Relations | |
| 5.11 | Term employees are not afforded sufficient notice of term extensions. This leads to uncertainty regarding their continued employment, an inability to plan ahead and pay implications. | • In order to minimize the stress and uncertainty term employees experience and to avoid needless interruptions in pay, every effort should be made to ensure that term employees are provided the maximum amount of notice possible regarding term extensions. • Managers should also better plan their human resources needs to minimize the number of short-term extensions. |
• Manager’s Toolkit - communicate staffing decisions to employees consistent with transparency staffing principle • Develop tools (e.g. method to monitor end dates of temporary appointments, HR planning component as part of MG course) to assist managers in better planning human resources needs. |
Resourcing and Career Management, Resourcing and Recourse Resourcing and Career Management, Strategic Policy and Quality Assurance |
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| 5.12 | Term employees are often hired for short periods of time when workload indicates longer period is required. There were situations where short-term periods were offered to avoid the benefits associated with the collective agreement. | The duration of term contracts should reflect the full period of work anticipated at the outset. | • Manager’s Toolkit - outline term employment for work that is temporary in nature and risk management in determining length of term employment consistent with current policy | Resourcing and Career Management, Resourcing and Recourse | |
| 5.13 | Term employees feel they are not given equal access and consideration for acting opportunities. | Access to and consideration for higher level (acting) opportunities should not be based on tenure. | • Amend the directive on Area of Selection and applicable acting policy to clarify circumstances where area of selection will be based on the tenure of employees. Proposed wording: “The area of selection should not normally be restricted based on the tenure of employees”. | Resourcing and Career Management, Resourcing and Recourse | |
| 5.14 | There are term employees who return every year for the same program and who still do not have any job security. This situation causes the following problems: need to re-compete every year, limited access to benefits and union representative, uncertainty and insecurity. | • The committee recognizes that seasonal indeterminate employment is one of the viable alternatives to term employment in the Agency. • The committee recommends that further analysis of seasonal indeterminate employment be conducted with a view of implementing this form of employment in the Agency. |
• Conduct analysis of the impacts of seasonal employment on Agency operations. This analysis includes, but is not limited to, the identification of work where it may be practical and efficient, cost-benefit analysis and incremental employee costs such as benefits. Consultation will be undertaken with Agency management. | Resourcing and Career Management, Resourcing and Recourse Assessment and Client Services |
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| 5.15 | There are negative impacts of the budget process on the hiring of term employees, extension of term employees, duration of contracts, etc. (such as late allocation, in-year adjustments, functionalization, cycle and sunset provisions). | • Integrate financial, business and HR planning more effectively. • Modify financial management practices to allow for multi-year funding, more stable funding, earlier budget allocations and financial risk management at a broader level. • Develop longer term vs. short term resourcing, recruitment and succession planning strategies. |
• More information relating to the integration of financial, business and Human Resources planning may be available in Spring 2005. • Discussions have been held with various functional heads regarding the development of a Business Change Integration Framework that would ensure the closer integration of business, financial and HR planning at all levels of the CRA. It would entail looking at business changes and determining their impact from a variety of different perspectives (i.e. HR, real property, etc.) on the various branches and regions. A proposal is under development to move forward with establishing this framework and the processes that would support it. • The proposal will be included in a Union briefing on the implementation of the government-wide Expenditure Review after the Budget Speech in February or early March 2005. • It has been the objective of Agency financial management practices to provide for multi-year funding, more stable funding and earlier budget allocations. As part of the implementation of the Modern Comptrollership Business Model, financial risk management is a key component of its implementation. Ongoing efforts will continue to be made to address all of these issues. • This will be addressed at the corporate level. |
Strategic Branch Management Finance and Administration Resourcing and Career Management, Strategic Policy and Quality Assurance |
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| 5.16 | There is an inconsistent treatment of reimbursement of educational assistance for term employees. | Term employees should be treated in accordance with the current policy and have equal access to the reimbursement of educational assistance. The current policy should be amended to provide more discretion to managers to allow for approval of exceptions that are in the best interests of the Agency. |
• To obtain educational assistance, an employee must be employed with the Agency before, during and after the completion of the learning activity. The Application for Course Approval/Advance and Reimbursement of Eligible Tuition Costs was recently updated to clearly communicate to an employee the eligibility for reimbursement will be conditional upon successful completion of the course as well as upon continued employment with the Agency at the time of the reimbursement claim. • Manager’s Toolkit - reference to the Learning Policy & Educational Assistance Guidelines – Frequently Asked Questions site that outlines the required conditions to qualify for educational assistance. Communicate to all employees when the distribution of funding takes place. • Manager's Toolkit or other communication material that will be provided to regional/branch management: Reinforce message that an individual who occupies an indeterminate or term position with the Agency, excluding students and term employees under 3 months, is eligible for educational assistance. |
Training and Learning | |
| 5.17 | Term employees feel they do not have the ability to move to other areas. If greater mobility existed between areas this would permit lengthening of their periods of employment. | The creation of some generic job descriptions is one of the viable alternatives dealing with the issues regarding the current use of term employment. Implementation will allow for more mobility and the opportunity to extend periods of employment and/or create indeterminate positions, instead of term positions, where there is a demonstrated need. | • Conduct an analysis of feasibility of combining work within the Tax Centres and Tax Services Offices where the use of generic jobs could provide year-round indeterminate employment. | Corporate Classification | |
| 5.18 | Long-term term Customs Inspectors and some managers are concerned that the structure of the current C.I.R.T.P program does not provided adequate recognition of term employees’ experience and job performance. | Final pass-fail decisions should take into consideration performance at the CIRTP as well as on the job performance. | • No longer within the mandate of the Canada Revenue Agency (CRA). Notify Head of Canada Border Services Agency (CBSA). | CBSA | |
| 5.19 | The current policy provisions regarding the review of long-term term employees were not well known nor were they consistently applied across the Agency. | • The term employment policy needs to be better communicated and understood by managers and term employees. • The policy should contain the following elements:
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• Develop directive on the management of term employment. • Amend Staffing Program, as appropriate. |
Resourcing and Career Management, Resourcing and Recourse | |
• The effective management of term employment and the equitable treatment of term employment should be part of managers’ performance agreements. |
• The goals and objectives found in the performance expectations of
MG's are developed at the national level. However, the measurement criteria
are developed locally. In the Manager’s Toolkit, it will outline that
the effective management of term employment and the equitable treatment of
term employment can form part of the measurement criteria used for MG's.
This will not be included as possible measurement criteria in the EPM developed
nationally as not all Agency MG's have term employees in their team. • As part of Effective People Management for MG employees, managers are responsible for making decisions and behaving in accordance with the Agency's values as well as communicating openly and in a multi-directional fashion |
Resourcing and Career Management, Performance Management | |||
| • The tools that exist when conducting selection processes to value the experience of long-term term employees should be clarified and communicated to managers and employees to ensure that they are used when appropriate. | • Draft staffing bulletin on the use of various methods of assessment in re-hire and term extension decisions. The use of standardized tests in re-hire and term extension decisions will be discouraged. This would include how the performance and experience of candidates/employees, and locally developed tests can determine the extent that candidates/employees possess qualifications. Guidance on the assessment of dependability will be outlined in the staffing bulletin. Consultation with management and the Unions will occur. |
Resourcing and Career Management, Resourcing and Recourse (lead), and Assessment Services (secondary) | |||
| 5.20 | Extended acting assignments are significantly impacting the management of term employees. Lengthy acting assignments result in an inability to staff the substantive positions on a permanent basis. Term employees are being extended for lengthy periods when there is an ongoing need. | Managers should be more effectively managing the issue of lengthy acting situations. The policy regarding acting situations should be reviewed to provide for an annual review of acting situations to ensure that the appropriate staffing measures are taken. | • Manager’s Toolkit - outline ongoing management of long-term acting situations • Currently the Staffing Program provides for the approval of acting appointments greater than twelve months without selection process by ML-02. The approval of these appointments at this level provides a mechanism for review of the staffing situation. |
Resourcing and Career Management, Resourcing and Recourse | |
| 5.21 | Term employees are often required to re-compete for term extensions
within the same position. |
• Term employees should not have to re-compete for term extensions within the same position. When a selection is required, it should include the consideration of performance, rather than the administration of tests. | • Draft staffing bulletin on the use of various methods of assessment in re-hire and term extension decisions. The use of standardized tests in re-hire and term extension decisions will be discouraged. This would include how the performance and experience of candidates/employees, and locally developed tests can determine the extent that candidates/employees possess qualifications. Guidance on the assessment of dependability will be outlined in the staffing bulletin. Consultation with management and the Unions will occur. | Resourcing and Career Management, Resourcing and Recourse (lead), and Assessment Services (secondary) | |
| Managers are letting term employees go while hiring externally. The existing policy regarding consideration of internal employees prior to conducting external recruitment is not being applied consistently. | • The current policy should be clearly communicated to both managers and employees. Prior to conducting external recruitment, managers should be considering qualified term employees who are on strength and who are approaching the need of their term assignment. Where applicable, the reasons for choosing to recruit externally are to be communicated to term employees on strength. | • Manager’s Toolkit – outline current policy provisions such as consideration of internal employees or those in re-hire pools prior to conducting external recruitment, using experience and performance as critical factors in re-hire decisions, communicating reasons to employees. | |||
| 5.22 | Term employees are sometimes excluded from being considered for selection processes for indeterminate positions. | Term employees should not be excluded from indeterminate staffing solely on the basis of tenure | • Amend the directive on Area of Selection and applicable acting policy to clarify circumstances where area of selection will be based on the tenure of employees. Proposed wording: “The area of selection should not normally be restricted based on the tenure of employees”. | Resourcing and Career Management, Resourcing and Recourse | |
| 5.23 | Term employees have been precluded from opportunities as a result of the use of availability, particularly in TC’s. | • Employees should be entitled to be considered in multiple pools. • Unless program delivery would be jeopardized, term employees or those eligible for rehire, should not be denied access to opportunities based on their availability. Managers should consider employees’ career aspirations, fair access to a higher level of pay and providing opportunities for continued employment when making placement and rehire decisions. |
• Manager’s Toolkit - outline current flexibility to place employees in re-hire pools in similar position/level to the position last occupied with similar qualifications, fairness and transparency in providing access to opportunities in placement and re-hire situations • Convene working group of managers, particularly from the Tax Centres, to share best practices on how to use the availability criteria to balance meeting operational requirements with term employees access to job opportunities. |
Resourcing and Career Management, Resourcing and Recourse | |
| 5.24 | Term employees not on strength are not eligible to compete in selection processes advertised outside of peak periods. | To provide fair access, timing of processes should not be used to simply exclude term employees. | • Manager’s Toolkit - outline fairness principle and access to job opportunities, drawn distinctions on other methods to limit candidate pool (e.g. tighten experience requirements). | Resourcing and Career Management, Resourcing and Recourse | |
| 5.25 | Term employees felt that they should have access during the off-season to benefits such as dental plan, vision care, extended health care, pension, carryover of sick leave, leave with income averaging, etc. | These issues would be more appropriately dealt with and explored within the context of collective bargaining. | • The provision of off-season benefits to term employees would be more suitably addressed in collective bargaining between the CRA and the Unions. | Corporate Staff Relations | |
| 5.26 | Issues related to implementation | In consultation with the union, a policy, action plan and implementation strategy should be developed, including identification of responsible authorities, within six months of the approval of these recommendations. • Communication, training and education on policy changes should be conducted jointly • Implementation should be costed and appropriately funded • Conduct ongoing monitoring of policy implementation and application • Review process within 3 years to determine if desired results are being achieved. |
• Set-up meeting with Union to determine roles and responsibilities regarding development of action plan, implementation of recommendations and deliverables relating to implementation (e.g. communication) | Resourcing and Career Management, Resourcing and Recourse |
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