National Joint Council Union Forum - Executive Summary Report

Executive Summary Report

Union Forum on Systemic Conditions that Could Lead to Wrongdoing in the Federal Public Sector

Held at the National Joint Council
December 4, 2009

Prepared by Daniel Normandeau for The Office of the Public Sector Integrity Commissioner of Canada
January 13, 2010

A. Background

The Commissioner invited Union leaders for a dialogue on systemic issues or conditions across the federal public service that may give rise to wrongdoing.

The consultation was also intended to gather advice on how to create a culture in which public servants feel comfortable in raising concerns about potential wrongdoing, and feel that they may talk openly about their concerns and issues.  The advice provided will inform both the work of OPSIC and the preparation of the Commissioner’s 2009-10 Annual Report.

Discussion Participants

• Union Leaders (3) from: PSAC, CFPA and ACEP

Facilitator

• Daniel Normandeau (assisted byTony Dean)

Introduction to the Forum

• Nicole Paré – NJC
• Christiane Ouimet – The Public Sector Integrity Commissioner of Canada

Report and Recommendations

• Daniel Normandeau

The discussion focused on two central questions:

I. Can we identify systemic conditions or risks that contribute to creating an environment where wrongdoing could occur?

II. Where such risks can be identified, what approaches and actions might ameliorate these conditions and risks?

B. Executive Summary

The conversation with three, key union leaders was both open and informative.  The following central themes emerged:

• Systemic conditions or risks that contribute to creating an environment where wrongdoing could occur:
  
  
• The influence/power of perception regarding questionable situations:  Perceptions can play a significant role in how employees behave.  If they perceive that others are getting away with not respecting the rules, they might question why they have to follow the rules.
• The Public Service Employment Act:  The PSEA is viewed by some Union leaders as having make staffing far less accountable for managers.  Serious problems exist with HR resources in the public service.  The scarcity of experienced HR advisors has wrought havoc in the management of HR processes and could lead to serious errors.
• Getting the job done versus policies and rules:   The government’s accountability messages and processes are of key concern for some Union leaders.  It is being perceived as too much and too onerous.  It has created new work that has added pressure to ‘get the job done’.  The typical workplace does not have enough people to do the work.  The work environment is ripe for wrongdoing (not deliberate) in an effort to get the job done, in that there might be a need to circumvent policies and procedures.  Senior leadership must provide visible direction and lead by example in this area.
• Sense of entitlement:  A sense of entitlement can emerge when employees are denied something to which they feel they are entitled.  Management practices that are perceived as unfair can cause employees to get into wrongdoing, in an effort to make things ‘right’ for themselves.
• Failure of the PSDPA to protect potential disclosers:  They also pointed to employees who seem to ask for advice from their Union first – before they think about reporting wrongdoing, because they are unsure (and therefore do not trust) about the level of protection of identity and reprisal under the PSDPA.
  
  
• Approaches and Actions that might ameliorate these conditions and risks:
   
• Prevention:  Participants observed that if infractions have been dealt with effectively, employees will be less likely to repeat improprieties in the office such as stealing, lack of compliance to policies, procedures and practices.  Union leaders pointed to the EX-1 and EX-2 levels as key levels for managing risky situations that could lead to  the ‘grey zone’ of workplace behaviour that is prime for potential wrongdoing. 
• Protection:  Improved protection for potential disclosers is required.  Participants identified steps that could assist in creating an environment that would encourage disclosers to come forward.
• Communication and Education:  The need for improved communication across the public service about the PSDPA:  what constitutes wrongdoing, and the role of the Commissioner; will increase awareness and understanding of public servants.  Beyond the general benefit of increased communication for managers.  Targeting communications efforts to the EX-1 and EX-2 levels is critical – given their critical role in managing the workplace.

C. Conclusions and Recommendations

The discussion with Union Leaders has led to the following recommendations:

1. The conditions in the workplace can play a strong role in creating an atmosphere where employees clearly feel that good things are taking place.  However, the absence of information can create unfounded perceptions that can lead to distrust – whether wrongdoing or the lack of fairness are occurring or not.  Managers should therefore be encouraged to engage in practices that favor an open and transparent approach to sharing information with their employees on their business activities.
   
2. The PSEA should be reviewed with a view to ensuring that its integrity is not undermined by practices that seek to emphasize speed over fairness.  Especially when the current cadre of HR professionals is strained both in experience and expertise.
   
3. In an environment of increasingly scarce resources and strengthened accountability, senior leaders should strengthen and demonstrate their sensibility and awareness for the risks related to “getting the job done”.  Clear parameters should be put into place, based on sound values and ethics that will not put employees in a situation where they might be put at risk of non-compliance with important policies and processes that may lead to wrongdoing.
   
4. Efforts should be made within public service organizations to protect potential disclosers.  The OPSIC should work closely with Departments and Agencies, and to target communications to managers at the EX-1 and EX-2 levels to raise their level of awareness.
   
5. The ‘Web of Rules’ environment can drive managers and employees to cut corners in an effort to “get the job done”.  Managers, in particular, should be given the flexibility to make common sense decisions and account for them accordingly.  This will reduce the risk of working in the “Grey Zone” of behaviour that could lead to wrongdoing, when faced with having to comply with excessive rules and processes that can be counterproductive.
   
6. In the context of an increasingly challenging working environment, managers should ensure that fairness and equity be exhibited in all their business practices, and that they be conducted in an open and transparent manner. This would go a long way to seriously reducing or eliminating the perception that others might be either benefiting from preferential practices, or getting away with less than appropriate behaviours.
   
7. To create a healthy working environment, where employees feel that ethical and other infractions are addressed, managers are encouraged to deal with them in an effective and timely manner. This will discourage the likelihood of infractions being committed, and may also raise the confidence of employees to come forward and report potential wrongdoing. 
8. Communication and education can go a long way to raise awareness and understanding on what constitutes wrongdoing and how it can be handled. Clarity of language in communications, policies and processes is essential. Face-to-face sessions could complement existing Website information, in order to provide public servants with the necessary information related to integrity. Such an initiative should begin with EX-1s and EX-2s, as Union leaders consider them as critical management levels in creating a workplace culture based on a strong foundation of integrity.