Annex E: 1.2 Chart for Labour Relations, Human Rights, Political Activities

SECTION 1.  INSTRUMENT OF DELEGATION OF LABOUR RELATIONS,
HUMAN RIGHTS, AND POLITICAL ACTIVITIES

1 - 23

 

 AUTHORITIESDeputy Minister OmbudsmanDirector General OperationsDirector General Legal Service and General Counsel Director Corporate Services and  Director CommunicationsDirectors
  NON-EXECUTIVE GROUPS – UNION MANAGEMENT ISSUES
  UNION-MANAGEMENT ISSUES - PUBLIC SERVICE LABOUR RELATIONS AND EMPLOYMENT BOARD (PSLREB) AND BARGAINING
1 Collective Bargaining - Represent departmental interests to Treasury Board and nominate bargaining team members ☑          
2 Departmental recommendations to Treasury Board for Managerial and Confidential exclusions ☑          
3 Departmental recommendations to Treasury Board for Essential Services ☑          
4 Public Service Labour Relations and Employment Board (PSLREB) Representation ☑          
  UNION MANAGEMENT ISSUES – GRIEVANCES AND COMPLAINTS
5 Respond to Public Service Labour Relations Act(PSLRA) grievances Final Level and National Joint Council (NJC) grievances, Final Departmental Level (Note 1) ☑ ☑        
6 Respond to Public Service Labour Relations Act(PSLRA) grievances 2nd Level (Note 2)(Note 3) ☑ ☑ ☑ ☑    
7 Respond to Public Service Labour Relations Act(PSLRA) grievances and NJC grievances at 1stLevel (Note 2)(Note 3) ☑ ☑ ☑ ☑ ☑ ☑
8 Receive Policy Grievances under the Public Service Labour Relations Act (PSLRA)            
9 Receive Group Grievances under the Public Service Labour Relations Act (PSLRA) (Note 4) ☑ ☑ ☑ ☑ ☑  
10 Respond to Canadian Human Rights Commission (CHRC) complaints, negotiate settlements and represent DND before the Canadian Human Rights Tribunal (CHRT) (Note 5)(Note 6) ☑ ☑   ☑    
11 Receive/administer and respond to harassmentcomplaints ☑ ☑      ☑    
12 Respond to the Public Service Commissionregarding Staffing Complaints under the PublicService Employment Act (PSEA) ☑ ☑        
13 Receive and respond to requests pursuant tosection 15(3) of the Public Service EmploymentAct (PSEA) ☑ ☑        
  UNION MANAGEMENT ISSUES – NATIONAL JOINT COUNCIL (NJC)
14 Act as a Departmental Liaison Officer in the National Joint Council (NJC) Grievance Procedure ☑          
15 Approve Specific Relocation Authorities ☑          
16 Provide Travel and Relocation interpretations (Note 7) ☑          
17 Grant extensions/exceptions up to $10,000 under Travel and Relocation Directives ☑          
  UNION-MANAGEMENT ISSUES – USE OF EMPLOYER FACILITIES
18 Approve use of DND premises, resources, electronic networks and equipment by Bargaining Agent for union business ☑ ☑ ☑ ☑ ☑ ☑
  UNION MANAGEMENT ISSUES – SPECIAL AUTHORITIES AND MISCELLANEOUS
19 Approve travel costs for national Union-Management Consultation Committee (UMCC)and Union-Management Human Resources Sub-Committee (UMCC HR-Sub Committee) meetings(Note 7) ☑          
20 Approve travel costs for L2 committees (Note 7) ☑ ☑ ☑ ☑ ☑  
21 Approve travel costs for L3 committees (Note7) ☑ ☑ ☑ ☑ ☑ ☑
22 Approve reimbursement for the payment of membership fees to organizations or governingbodies when the Employer is satisfied that the payment of such fees is a requirement for the continuation of the performance of the duties ofthe employee’s position (pursuant to the collective agreement). ☑ ☑ ☑ ☑ ☑  
23 Deployment without consent, where consent not required (Note 8) ☑ ☑ ☑ ☑ ☑  

 

24 - 45

 

 AUTHORITIESDeputy Minister OmbudsmanDirector General OperationsDirector General Legal Service and General Counsel Director Corporate Services and  Director CommunicationsDirectors
  NON-EXECUTIVE GROUPS – UNION MANAGEMENT ISSUES
  LABOUR RELATIONS - DISCIPLINE
24 Written reprimand (Note 7) ☑  ☑ ☑ ☑ ☑ ☑
25 Suspension or equivalent Financial Penalty for 10 days or less (Note 7) ☑  ☑  ☑  ☑  ☑  ☑
26 Suspension or equivalent Financial Penalty for 11-20 days (Note 7) ☑  ☑  ☑ ☑   ☑  ☑
27 Suspension or equivalent Financial Penalty for over 20 days (Note 8) ☑  ☑  ☑  ☑    
28 Suspension without pay pending investigation (Note 8) ☑ ☑        
29 Demotion or Termination of Employment for misconduct or disciplinary reasons (Note 8) ☑ ☑        
  LABOUR RELATIONS – DEMOTION OR TERMINATION FOR OTHER REASONS
30 Termination during probation (Note 7) ☑ ☑ ☑ ☑ ☑ ☑
31 Demotion or Termination of Employment forreasons of unsatisfactory performance. (Note 8)  ☑ ☑ ☑ ☑     
32 Demotion or Termination of Employment for reasons other than discipline or misconduct ☑ ☑ ☑ ☑  
33 Accept voluntary resignations ☑ ☑ ☑  ☑  ☑  ☑
  LABOUR RELATIONS – HOURS OF WORK
34 Authorize overtime work to be performed ☑ ☑ ☑ ☑  ☑ ☑ 
35 Authorize core and service hours (Note 7) ☑ ☑ ☑  ☑  ☑   ☑
36 Authorize flexible or variable hours of work (Note 7) ☑ ☑ ☑  ☑  ☑   ☑
37 Authorize Summer and Winter hours ☑ ☑   ☑ ☑   ☑  ☑
38 Authorize shift schedules ☑ ☑  ☑  ☑  ☑   ☑
39 Authorize changes to a posted shift schedule ☑  ☑ ☑   ☑ ☑   ☑
40 Authorize Compressed Hours ☑ ☑   ☑ ☑   ☑  ☑
41 Authorize mutual shift exchange ☑ ☑ ☑ ☑ ☑ ☑
42 Authorize an employee to work on a designated paid holiday ☑  ☑  ☑ ☑   ☑ ☑ 
43 Approve schedules of hours of work requiringemployees to be on standby ☑ ☑ ☑ ☑ ☑  ☑
44 Authorize employees on standby to report for work ☑ ☑ ☑ ☑ ☑ ☑
45 Authorize the recall of an employee back to work ☑ ☑ ☑ ☑ ☑  ☑

 

46 - 59

  

 AUTHORITIESDeputy Minister OmbudsmanDirector General OperationsDirector General Legal Service and General Counsel Director Corporate Services and  Director CommunicationsDirectors
  NON-EXECUTIVE GROUPS – UNION MANAGEMENT ISSUES
  LABOUR RELATIONS – LEAVE – VACATION AND COMPENSATORY
46 Grant compensatory leave for overtime worked ☑  ☑ ☑ ☑ ☑ ☑
47 Grant/cancel vacation leave (including furloughleave) (Note 7 [cancellation only]) ☑  ☑  ☑  ☑  ☑  ☑
48 Recall from vacation leave (Note 7) ☑  ☑  ☑ ☑   ☑  ☑
49 Authorize cash payment for unused vacationleave credits (if permitted by Collective Agreement ☑  ☑  ☑  ☑  ☑  ☑
50 Authorize vacation leave carry over (if permittedby Collective Agreement ☑ ☑  ☑  ☑  ☑ ☑ 
  LABOUR RELATIONS – LEAVE – SICK/INJURY ON DUTY LEAVE
51 Authorize sick leave with pay up to extent of credits ☑ ☑ ☑   ☑ ☑   ☑
52 Authorize advance of sick leave with pay up tomaximum specified in the Collective Agreement ☑ ☑ ☑ ☑ ☑ ☑
53 Authorize sick leave without pay  ☑ ☑ ☑ ☑  ☑   ☑
54 Injury on duty up to one hundred and thirty (130)working days inclusive ☑ ☑ ☑ ☑ ☑ ☑ 
55 Injury on duty over one hundred and thirty (130)working days ☑ ☑ ☑  ☑  ☑  ☑
  LABOUR RELATIONS – LEAVE - MILITARY
56 Leave Without pay - To Reserve Forces memberto drill, train or for call out for service pursuantto Section 33 of NDA ☑ ☑ ☑ ☑  ☑ ☑ 
57 Leave Without Pay - To Reserve Forces memberto take a course for purpose of qualifying forhigher rank ☑ ☑ ☑  ☑  ☑   ☑
58 Leave Without Pay - Up to three (3) years whencalled out for full-time military service ☑ ☑        
59 Leave With or Without Pay - For service with reserve forces ☑ ☑   ☑ ☑   ☑  ☑

 

60 - 88

   

 AUTHORITIESDeputy Minister OmbudsmanDirector General OperationsDirector General Legal Service and General Counsel Director Corporate Services and  Director CommunicationsDirectors
  NON-EXECUTIVE GROUPS – UNION MANAGEMENT ISSUES
  LABOUR RELATIONS – LEAVE – WITH PAY (VARIOUS)
60 Leave With Pay - Personnel Selection ☑  ☑ ☑ ☑ ☑ ☑
61 Leave With Pay - Court Leave ☑  ☑  ☑  ☑  ☑  ☑
62 Leave With Pay - Leave for union business under collective agreements ☑  ☑  ☑ ☑   ☑  ☑
63 Leave With Pay - Leave for training for participation in international sporting event ☑  ☑        
64 Leave With Pay - Employee's services requiredby commission, international organization or CIDA ☑ ☑  ☑  ☑  ☑ ☑ 
65 Leave With Pay - Veteran requested to report toVeterans Affairs or Canada Pension Commission ☑ ☑ ☑   ☑ ☑   ☑
66 Leave With Pay - To participate in PSLREBcomplaint process pursuant to PSEA ☑ ☑ ☑ ☑ ☑ ☑
67 Leave With Pay - Bereavement Leave (includingextensions and special circumstances  ☑ ☑ ☑ ☑  ☑   ☑
68 Leave With Pay - Family related responsibilities ☑ ☑ ☑ ☑ ☑ ☑ 
69 Leave With Pay – Marriage Leave ☑ ☑ ☑  ☑  ☑  ☑
70 Leave With Pay - Management Leave with Pay (non EX e.g. PE 06, AS 08) ☑ ☑        
71 Leave With Pay - Personal Leave Day ☑ ☑ ☑  ☑ ☑  ☑
72 Leave With Pay - Volunteer Day ☑ ☑ ☑   ☑  ☑ ☑ 
73 Leave With Pay - To take a course or sick leave from an isolated post (including travel to and from the isolated post) ☑ ☑   ☑ ☑   ☑  ☑
74 Leave With Pay - Quarantine Leave (SH group only) ☑ ☑ ☑ ☑ ☑ ☑
75 Paid Time Off Work - voting: federal, provincial,territorial or municipal elections ☑ ☑ ☑ ☑ ☑ ☑
76 Paid Time Off Work - for base or unit closuresfor adverse climatic or environmental conditions ☑ ☑ ☑ ☑    
77 Paid Time Off Work - personal medical/dentalappointments ☑ ☑ ☑ ☑ ☑ ☑
78 Leave with Pay for Other Reasons (other thanthose specified in the applicable collective agreement, or when circumstances not directlyattributable to the employee prevent reporting for duty) (Note 7) ☑ ☑ ☑ ☑ ☑ ☑
  LABOUR RELATIONS - LEAVE - WITHOUT PAY (VARIOUS)
79 Leave Without Pay - Education Group (ED-LAT)Summer Leave (to be taken following a period ofannual leave) ☑ ☑ ☑ ☑ ☑ ☑
80 Leave Without Pay - Maternity / Parental Leave ☑ ☑ ☑ ☑ ☑ ☑
81 Leave Without Pay - Personal needs leave ☑ ☑ ☑ ☑ ☑ ☑
82 Leave Without Pay - For the care of family (Note 7) ☑ ☑ ☑ ☑ ☑ ☑
83 Leave Without Pay - Relocation of spouse ☑ ☑ ☑ ☑ ☑ ☑
84 Leave Without Pay - Employment Outside the Public Service - Grant leave outside the Public Service for a fixed term ☑ ☑ ☑ ☑    
85 Leave Without Pay - Full time union duties ☑          
86 Leave Without Pay - Union business or activitiesunder the Public Service Labour Relations Act ☑ ☑ ☑ ☑ ☑ ☑
87 Leave without Pay for Other Reasons (other than those specified in the applicable collective agreement, or when circumstances not directly attributable to the employee prevent reporting for duty) ☑ ☑ ☑ ☑ ☑ ☑
88 Grant career or professional development leave ☑ ☑ ☑ ☑ ☑ ☑

 

81 - 107

    

 AUTHORITIESDeputy Minister OmbudsmanDirector General OperationsDirector General Legal Service and General Counsel Director Corporate Services and  Director CommunicationsDirectors
  NON-EXECUTIVE GROUPS – UNION MANAGEMENT ISSUES
  CAREER/PROFESSIONAL DEVELOPMENT – LEAVE – EDUCATION (with or without pay)
89 Grant University Teaching (UT) group sabbaticalleave without pay with an allowance in lieu of pay of up to 100% of the annual rate of pay (Note 9) ☑          
90 Grant Examination Leave ☑  ☑  ☑  ☑  ☑  ☑
91 Leave Without Pay - Education Group (ED) Education Leave with an allowance in lieu of salary from 50% up to 100% of the annual rate of pay (Note 9) ☑  ☑        
92 Leave Without Pay - Education leave with an allowance in lieu of salary of up to 100% of the annual rate of pay - funded ($) by ADM (HR-Civ) (Note 9) ☑          
92 Leave Without Pay - Education leave with anallowance in lieu of salary of up to 100% of theannual rate of pay - funded ($) by others (Note 9) ☑ ☑        
93 Leave Without Pay - Education leave without anallowance in lieu of salary for up to twelve months ☑ ☑  ☑  ☑  ☑ ☑ 
  POLITICAL ACTIVITIES
94 Provide Executive input and recommend to thePublic Service Commission that permission, andleave if required, be granted to seek nominationas or be a candidate in a municipal office ☑          
95 Provide Executive input and recommend to thePublic Service Commission that leave be granted to seek nomination as or be a candidate in a provincial or territorial office ☑          
96 Provide Executive input and recommend to thePublic Service Commission that leave be granted to seek nomination as or be a candidate in a federal office  ☑          
97 Leave Without Pay - Seek nomination as a candidate and/or stand for election for municipal, federal, provincial or territorial election (Note 10) ☑ ☑ ☑ ☑ ☑ ☑ 
98 Leave Without Pay - to serve the term of full-timemunicipal office (if required by the Public Service Commission) ☑ ☑ ☑  ☑    
99 Leave Without Pay - To work in the office of a minister, a minister of State, a secretary of Stateor a member of Parliament ☑ ☑ ☑  ☑     
100 Respond to the Public Service Commission regarding Political Activities under the Public Service Employment Act (PSEA) ☑          
  LABOUR RELATIONS – SPECIAL WORKING ARRANGEMENTS
101 Authorize telework ☑ ☑ ☑   ☑  ☑ ☑ 
102 Authorize Self-funded leave (Note 7) ☑ ☑   ☑ ☑   ☑  ☑
103 Authorize Leave with Income Averaging (Note 7) ☑ ☑ ☑ ☑ ☑ ☑
104 Authorize Pre-Retirement Transition Leave (Note 7) ☑ ☑ ☑ ☑ ☑ ☑
  LABOUR RELATIONS - PAY RELATED
105 Authorize stopping pay for unauthorized absence ☑ ☑ ☑ ☑ ☑  ☑ 
106 Authorize acting pay ☑ ☑ ☑ ☑ ☑ ☑
107 Approve duty related allowances under thecollective agreement (e.g. dirty work allowance)(Note 11) ☑ ☑ ☑ ☑ ☑ ☑

 

 

 

Boxes highlighted in  blue  represent changes from the departmental matrix

 

 

  • Notes:
  • 1. The DND-CF Ombudsman is designated as the final level in the grievance process, except in grievances related to the Ombudsman’s own actions or decisions. A separate designation will apply in such instances.
  • 2. Where a grievance is filed by an employee reporting to a Director or Director General, the first and second step responses move to the next higher management level of supervision.
  • 3. A grievance alleging discrimination under the Canadian Human Rights Act (CHRA) or harassment requires consultation with the Director General of Legal Services, who is the Harassment Advisor and has been designated to deal with human rights complaints.
  • 4. Consultation with Director General Workplace Management (DGWM) must take place prior to arriving at a final decision.
  • 5. Record and report all payments to the Public Accounts. The report should be submitted to Director Budget for consolidation in the same section of the Public Accounts as Payment of Damage Claims.
  • 6. This designation is given to the Director General Legal Services for the office of the DND-CF Ombudsman, who will consult with the DND/CF Legal Advisor with respect to quantum of damages in order to establish a margin for negotiating settlements.
  • 7. Managers with delegated authorities shall consult with the civilian Human Resource Officer for the office of the DND-CF Ombudsman.
  • 8. DGWM shall be consulted prior to arriving at a final decision.
  • 9. This instrument identifies the delegated authorities for the leave portions only; the allowances are to be authorized by the delegated financial authorities.
  • 10. Only after the Public Service Commission has granted permission.
  • 11. Supervisor must be excluded to exercise delegation.

 

 

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