Conditions of Employment
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Where do LPīs terms and condition of employment originate from?
Terms and conditions can flow from one of 3 sources: legislation, policy or the collective agreement.  Where terms and conditions of employment are contained in a collective agreement and there is a conflict between an employer's policy and a collective agreement provision, the collective agreement shall prevail.  Where there is a conflict between the collective agreement and legislation however, legislation is likely to prevail subject to the results of any challenge to such legislation.
Can the employer unilaterally impose new terms and conditions of employment onto its employees?
Generally, terms and conditions of employment are collectively bargained as between the exclusive bargaining agent and Treasury Board, the employer.  However, there exist some statutory limitations to what can and cannot be negotiated.  Below is a table setting out general guidelines on what is generally negotiated and what is generally not negotiated.

Subject MatterGenerally negotiated? (Yes or No)Governing Statute
Recruiting and Staffing policies and practicesNoPublic Service Employment Act
Workersī compensation insuranceNoGovernment Employees Compensation Act
Departmental Policies and ProceduresNoFinancial Administration Act
Insurance BenefitsYes Financial Administration Act
Treasury Board Policies, Directives and ProceduresNoFinancial Administration Act and the collective agreement management rights clause protect managementīs right to establish terms and conditions of employment that are not the subject of a collective agreement or statute.
Public Service Code of Values and EthicsNoFinancial Administration Act and the Federal Public Service Disclosure Protection Act require that a Code be developed
Remuneration, including performance pay, salary, paid holidaysYesFederal Public Service Labour Relations Act, subject to wage restraint legislation
Leaves of absenceYesFederal Public Service Labour Relations Act
Any term or condition that does not require the enactment or amendment of legislation except for the purposes of appropriating money to implement the negotiated term or conditionYesFederal Public Service Labour Relations Act
Classification of positionsNoFinancial Administration Act

Article 5 of the LPs Collective Agreement (Management Rights) and section 11 of the Financial Administration Act provide the employer with the right to modify and introduce new terms and conditions of employment which may not already be covered in a collective agreement.  This could include such things as a harassment prevention policy or a code of conduct, such as the new Public Servantsī Code of Values and Ethics.

The only restriction on introducing new terms and conditions of employment not already covered in a collective agreement is the timing.  Section 107 of the Federal Public Service Labour Relation Act (FPSLRA) prevents the employer from modifying terms and conditions from the time that notice to bargain has been provided until a new collective agreement comes into force.  Modifications to organizational codes such as a Code of Values and Ethics can therefore only become applicable to employees once the occupational group emerges from collective bargaining.

Is the AJC questioning the authority of Treasury Board, departments or agencies to unilaterally introduce a new Code of Values and Ethics?
No. The AJC is not questioning the authority of Treasury Board, departments or agencies to unilaterally introduce a new Code of Values and Ethics following the coming into force of the new collective agreement.  The AJC only takes issue with inappropriately worded acknowledgement forms that undermine the AJCīs fundamental exclusive bargaining agent status and that has the potential effect of restricting its members' ability to challenge the reasonableness of some of the new Codeīs provisions in the event disciplinary action is taken against its members.
Is a department or agency entitled to impose conditions such as signing an acknowledgement form relating to the DOJīs Code of Values and Ethics as a condition precedent to management conducting an annual Performance Review and Employee Appraisal (PREA)?
No.  Departments and agencies are required to comply with the collective agreement obligations without exception.  A deliberate delay on account of the imposition of a condition precedent that is not already prescribed by the collective agreement would likely be viewed by the AJC as an unreasonable, arbitrary or bad faith application and interpretation of the collective agreement and therefore a violation of the collective agreement.  
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