DAOD 5008-1, Use of Departmental Premises and Equipment, and Electronic Networks, for Bargaining Agent or Union Business

Table of Contents

1. Introduction
2. Definitions
3. Overview
4. Use of Departmental Premises and Equipment
5. Use of Bulletin Boards
6. Use of Electronic Networks
7. Responsibilities
8. References

1. Introduction

Date of Issue: 2005-04-01

Application: This is a directive that applies to employees of the Department of National Defence (DND employees) and an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members) who act as managers or supervisors of DND employees.

Approval Authority: This DAOD is issued under the authority of the Assistant Deputy Minister
(Human Resources - Civilian) (ADM(HR-Civ)).

Enquiries: Director General Labour Relations and Compensation (DGLRC)

2. Definitions

delegated manager (gestionnaire délégataire)

Delegated manager means a manager or supervisor with delegated powers or functions in relation to human resources management, pursuant to Subsection 12.2(1) of the Financial Administration Act, and as identified in the Department of National Defence Instrument of Delegation of Labour Relations Authorities.

departmental equipment (équipement du ministère)

Departmental equipment means any equipment which is the property of the Department, including:

• computers;
• laptops;
• wireless communication devices;
• personal digital assistants;
• telephones;
• fax machines;
• photocopiers;
• printers;
• projection equipment; and
• office supplies.

departmental premises (locaux du ministère)

Departmental premises means the premises controlled by the DND or the CAF, such as vessels, structures and attendant land owned or leased by the DND or otherwise occupied by the DND or the CAF.

electronic networks (réseaux électroniques)

Electronic networks means groups of computers and computer systems that can communicate with each other. These networks include the following:

• Internet;
• networks internal to the DND and the CAF (Defence Intranet); and
• public and private networks external to the DND and the CAF.

3. Overview

Context

3.1 The DND may permit bargaining agents, unions or DND employees to use departmental premises for bargaining agent or union business. Such use does not constitute unfair labour practice in accordance with paragraph 186(3)(b) of the Public Service Labour Relations Act (PSLRA). The DND considers the use of electronic networks and departmental equipment permissible in this context.

Purpose

3.2 In the interest of promoting constructive labour-management relations, this DAOD outlines the conditions under which delegated managers may approve bargaining agent, union or DND employee requests for the use of departmental premises and equipment, and electronic networks, for bargaining agent or union business.

3.3 This DAOD outlines the conditions and process for obtaining and providing such approval.

Approval Authority

3.4 Only delegated managers may approve requests by bargaining agents, unions or DND employees to use departmental premises or equipment, or electronic networks, for bargaining agent or union business.

Conditions

3.5 Bargaining agents, unions and DND employees must obtain approval from a delegated manager before using departmental premises and equipment, and electronic networks, for bargaining agent or union business. The DND cannot insist upon the bargaining agent, union or DND employee using their departmental premises or equipment, or electronic networks, for bargaining agent or union business.

3.6 Before approving requests for the use of departmental premises and equipment, and electronic networks, delegated managers shall:

1. consider the:
   1. feasibility and appropriateness of the request;
   2. availability of the premises, equipment or electronic networks; and
   3. monitoring requirements that would result from the authorization;
2. ensure that the use is not:
   1. contrary to the interests of the DND;
   2. related to collective bargaining, strike or post-strike matters (excluding ratification votes); and
   3. for the purpose of recruitment to the employee organization;
3. ensure that:
   1. the use is consistent with security and safety regulations;
   2. departmental policies and directives are complied with; and
   3. in the case of a request by a bargaining agent or union representative, the representative agrees in writing to assume the responsibility for any additional costs incurred, including those associated with the repair of damaged departmental premises or the repair or replacement of damaged departmental equipment.

Request in Writing

3.7 The bargaining agent, union or DND employee who wishes to use departmental premises or equipment, or electronic networks, makes the request in writing, agreeing to accept the conditions outlined in this DAOD.

Consequences in Case of Breach

3.8 Inappropriate or unacceptable use of departmental premises and equipment, and electronic networks, may be subject to administrative and corrective action, up to and including disciplinary measures in the case of DND employees. The Guidelines for Civilian Discipline provide direction on disciplinary measures and are found on the DGLRC website.

Storage of Literature

3.9 Subject to the conditions outlined in this DAOD, delegated managers may give permission to a bargaining agent or union to store literature within departmental premises.

4. Use of Departmental Premises and Equipment

Meetings Outside Working Hours

4.1 Subject to the conditions outlined in this DAOD, delegated managers may give permission to a bargaining agent, union or DND employee to use departmental premises outside working hours.

Meetings During Working Hours

4.2 Subject to the conditions outlined in this DAOD, delegated managers may give permission to a bargaining agent, union or DND employee to use departmental premises during working hours if circumstances are such that it is virtually impossible to convene a meeting outside working hours.

Equipment

4.3 Subject to the conditions outlined in this DAOD, delegated managers may give permission to a bargaining agent, union or DND employee to use departmental equipment either outside or during working hours.

5. Use of Bulletin Boards

Providing Space

5.1 In accordance with applicable collective agreements, delegated managers shall provide reasonable space on departmental bulletin boards for posting notices submitted by a bargaining agent or union.

Approval and Removal of Notices

5.2 The following table provides information on specific approval required before posting notices on bulletin boards:

5.3 Managers and supervisors shall remove notices or refuse to post notices that originate from a bargaining agent or a union, if appropriate approval has not been obtained prior to posting the notice.

Language Requirements

5.4 Posted notices must conform to the requirements of the Official Languages Act.

6. Use of Electronic Networks

Approval of Notices

6.1 The posting of notices on electronic networks is subject to the criteria listed under the Approval and Removal of Notices and Language Requirements blocks under the Use of Bulletin Boards map.

Acceptable Use

6.2 The use of electronic networks is subject to the conditions outlined in DAOD 6002-2, Acceptable Use of the Internet, Defence Intranet and Other Electronic Networks, and Computers.

6.3 Inappropriate or unacceptable use as characterized in DAOD 6002-2 may be subject to administrative and corrective action, up to and including disciplinary measures in the case of DND employees. The Guidelines for Civilian Discipline provide direction on disciplinary measures and are found on the DGLRC website.

Providing Electronic Networks

6.4 Subject to the conditions outlined in this DAOD, delegated managers may give limited access to electronic networks to a bargaining agent, union or DND employee in order to facilitate communications between the bargaining agent or union and its members, as well as between the bargaining agent or union and management.

Top of Page

7. Responsibilities

Responsibility Table

7.1 The following table identifies the responsibilities associated with the use of departmental premises and equipment, and electronic networks, for bargaining agent or union business:

8. References

Acts, Regulations, Central Agency Policies and Policy DAOD

• Financial Administration Act
• Official Languages Act
• Public Service Labour Relations Act
• DAOD 6002-2, Acceptable Use of the Internet, Defence Intranet and Other Electronic Networks, and Computers
• Staff Relations - Policies and Publications, Treasury Board
• Applicable collective agreements
• Guidelines for Civilian Discipline
• Instrument of Delegation of Labour Relations and Compensation Authorities

Other References

• DAOD 5005-1, Governance of Civilian Human Resources Management
• DND Strike Manual