Confidential Disclosure to Bargaining Agents
The purpose of this directive is to recognize that positive labour relations need to be based on a foundation of timely sharing of appropriate and relevant information. This directive sets out the process of confidential disclosure to bargaining agents of business decisions that are made by the employer.
Purpose
In recognition of the principle that positive labour relations needs to be based on a foundation of the timely sharing of appropriate and relevant information, this directive sets out the process of confidential disclosure to bargaining agents of business decisions that are made by the employer.
Application and scope
This directive applies to:
- All Ministries
- Agencies, Boards and Commissions that are "Commission public bodies" under section 32 of the Public Service of Ontario Act, 2006.
Where a provision in a collective agreement (e.g. article 12.12 of the AMAPCEO agreement) conflicts with a provision in this Directive, the provision in the collective agreement prevails over the provision in this Directive.
Requirements
Confidential disclosure to bargaining agents shall be provided where business decisions are made which will materially and substantively affect the working terms and conditions of employees represented by the bargaining agents.
Examples of situations in which disclosure applies include but are not limited to re-organizations, transfers, corporate initiatives, and corporate employment policy changes. Confidential disclosure shall be provided at least 2 weeks before a business decision is announced to employees and to the public.
The Ministry shall provide confidential disclosure of a business decision involving a local Ministry initiative to the Ministry level union-management committee (see Appendix "A") bargaining agent Co-Chair, or to the contact person designated by the bargaining agent, regardless of the number of employees affected. The Ministry will ensure that the President of the bargaining agent, or designee, also receives a copy of the disclosure. Examples of local initiatives include, but are
not limited to, the following:
- changes in reporting relationships or job titles within a ministry where there is no surplussing or changes in job classifications,
changes in headquarters or relocation of staff from one address to another within 40 kilometres where there is no surplussing or change in job classifications, - special staffing initiatives involving temporary re-assignments,
- facility management initiatives at sites involving a single ministry,
- security initiatives at sites involving a single ministry and
- any other local initiatives not falling into the list of corporately disclosed items noted below.
The Director of the Centre for Employee Relations, or a person designated by the Director, shall provide confidential disclosure to the President of the bargaining agent where there is a corporate initiative involved, regardless of the number of employees affected. The affected Ministry or Ministries shall then provide confidential local disclosure to the bargaining agent’s designated contact
persons, as appropriate. Examples of corporate initiatives include, but are not limited to, the following:
- legislative and corporate policy initiatives,
- outsourcings or divestments where reasonable efforts or successor rights are applicable,
- Ontario Shared Services procurement initiatives,
- facility management initiatives at multi-ministry sites,
- security initiatives at multi-ministry sites,
- any initiative where surplussing or displacement of staff or changes in job classifications will occur,
- changes in headquarters or relocation of staff outside of 40 kilometres, and
- any initiative affecting more than a single ministry (e.g. transfers of staff between ministries).
Confidential disclosure to bargaining agents should be incorporated in communication plans for business decision announcements, and should be factored into the communication timelines. Where timely advance disclosure of a planned initiative is not or cannot be given in accordance with the requirements of this Directive, and none of the exceptions in section 4.0 apply, the announcement of the initiative may have to be postponed to ensure that proper advance disclosure can be given.
Information that is disclosed
To the extent possible, the information that is disclosed shall include:
- the reasons for the business decision,
- the number and locations of bargaining unit employees affected,
- the names, job classifications and job specifications of the affected employees, if relevant,
- in the case of a reorganization or change in reporting relationships, the existing and planned organization charts,
- the planned announcement date and,
- the effects on the employees represented by the applicable bargaining agent.
Exceptions
This Directive does not apply to the following:
- Decisions contained in budgets or financial statements
- Financial statements
- Throne speeches
- Emergencies or decisions of an urgent or immediate nature where it is not possible to give 2 weeks advance notice of their announcement to staff and the public
- Where there has been a breach of the confidentiality undertaking
- Within 90 days of transition to a new government
- Matters involving Phase 4 of the OPS Personnel Screening Checks Policy, for which the Director of the Centre for Employee Relations is required to provide twenty working days notice pursuant to the Memorandum of Agreement dated October 31, 2006, and
- Results-based Business Planning decisions (for which confidential disclosure is made by Treasury Board at a meeting with the bargaining agents concerning planned staffing increases and decreases in the OPS).
In the case of decisions of an urgent or immediate nature that do not fall into any of the other exceptions listed above, where it is not possible to provide two weeks advance notice in the circumstances, as much advance notice as is practicable should be given.
Confidentiality
In order to maintain the integrity of the disclosure process and to ensure ongoing open communication between the employer and the bargaining agents, all information that is disclosed shall be kept confidential until the employer announces it to staff and/or the public.
Nothing in this Directive relieves the employer of any other contractual or legislative obligation it may have to make disclosure to the bargaining agent or limits the bargaining agent’s right to discuss disclosed material internally on a confidential basis, i.e. with the Chief Negotiator, elected members of the corporate union-management committee (see Appendix "A"), members of the Executive Board, and bargaining agent elected and staff officials.
Where necessary, bargaining agents may be required to sign a confidentiality agreement before a business decision is disclosed.
Regardless of whether a confidentiality agreement has been signed, where a bargaining agent breaches confidentiality, the employer may in its discretion, with the approval of the Deputy Minister of Government Services, decide not to provide that bargaining agent with any further disclosures under this Directive, either on a temporary or a permanent basis.
Responsibilities
Director of Centre for Employee Relations is responsible for:
- providing disclosure to the President of the affected bargaining agent where there is a corporate or multi-ministry initiative involved.
Strategic Business Unit Directors are responsible for:
- ensuring that disclosure is provided to the Co-Chair of the affected bargaining agent’s Ministry level union-management committee (see Appendix "A"), or to the contact person designated by the bargaining agent, where there is a local ministry initiative involved.
- ensuring that the President of the bargaining agent, or designee, receives a copy of the disclosure that is provided to the Co-Chair.
Appendix A
1. Ministry level union-management committees
- OPSEU
- Ministry Employee Relations Committee (MERC)
- AMAPCEO
- AMAPCEO
- Ministry Employee Relations Committee (AMERC)
- PEGO
- PEGO Ministry Employee Relations Committee (PMERC)
- ALOC/OCAA
- Management and Association Committee (MAC)
2. Corporate level union-management committees
- OPSEU
- Central Employee Relations Committee (CERC)
- AMAPCEO
- AMAPCEO Central Employee Relations Committee (ACERC)
- PEGO
- PEGO Central Employee Relations Committee (PCERC)