Where do LP's 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 Matter

Generally negotiated? (Yes or No)

Governing Statute

Is a department or agency entitled to impose conditions such as signing an acknowledgement form relating to the DOJ´s 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.