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#	Recommendation	Management Response	Est Comp Date	Status Updates (In Progress; Pending; Complete; Requires Resolution)
3	That the involuntary separation entitlements chart contained in the MPE be updated to reflect common law standards including the minimum statutory provisions in the case of termination for cause.	Management agrees with this recommendation. Employee Services will report back to Council with a written report with recommended revisions to the involuntary separation entitlements for MPE staff by the end of Q3 2008.	Q3 2008	December 2009: In Progress. Report to be finalized and will proceed to CSEDC in Q1 2010. June 2009: This item was deferred during the three phases of the corporate realignment (Fall 2008 to Spring 2009). Report to be finalized and will proceed to CSEDC in Q4 2009. December 2008: This item was deferred in the fall and will proceed to CSEDC in Q1 2009. Report to Council in September 2008.
8 8	That Labour Relations, Legal Services and their clients enter into “service level agreements” that specifically detail who is responsible for making decisions, preparing documentation, responses, attendance at meetings and arbitration, regular reporting on status and resolution of grievances with performance indicators.	Management agrees with this recommendation. This recommendation has already been largely clarified through revisions made to the Delegation of Authority By-law (in April 2007). Labour Relations and Legal Services will issue a joint memorandum to all of their clients outlining their roles and responsibilities regarding decision-making authority, by Q3 2008.	Q3 2008	December 2009: In Progress. With the completion of a staffing initiative in late 2009, the Labour Relations Branch is currently being reorganized to align the assignment of staff with the organizational structure put in place this year. Management is scheduled to present the revised organizational model to SMC in Q1 2010, after which Branch representatives will be meeting with departmental management teams, as well as the respective unions. June 2009: The further consolidation of the Labour Law unit with the Labour Relations unit, under the direction of the Manager, Litigation and Labour Relations, has effectively resolved the concerns identified in the Audit. In respect of grievance arbitration, individual results are reported out to the relevant operating department, along with any proposed future remedial measures, and aggregate data on these matters forms part of Legal Services' regular "win/loss" reporting to Council/Committee. Legal/LR continues to work with Human Resources and operating department representatives to establish the appropriate allocation of managerial responsibility and to further refine the roles of HR, Legal/LR and operational management. December 2008: On November 12, 2008, the City Manager announced that the Labour Relations division would now report directly to the City Solicitor. This merger is currently being finalized within the confines of Realignment Phase 3, after which these roles and responsibilities will be clarified. This is expected to be complete by the end of Q2 2009.
10 10	That whenever a discipline incident leads to a grievance, Employee Services prepare a brief synopsis of the issue to consult with Legal at this very early stage. Legal may be able to provide insight into the strategy to avoid what may be needless wrangling or to identify the ingredients to success.	Management disagrees with this recommendation. Labour Relations staff settle the majority of grievances on discipline issues prior to arbitration. Therefore, management believes it would be an ineffective use of resources to prepare a synopsis and consult with Legal Services routinely on grieved disciplinary matters. To maximize the value of Legal Service’s contribution, Legal Services will be consulted on all significant disciplinary matters (i.e. dismissal) prior to the discipline being meted.		December 2009: In Progress. The Labour Relations Unit has now been fully integrated with the Litigation Unit as part of a consolidated Litigation and Labour Relations Branch. Management is currently working with IT Services to facilitate the sharing of file information and to overcome some restrictions imposed by the City's network architecture. June 2009: The further consolidation of the Labour Law unit with the Labour Relations unit and the adoption of a coordinated Legal/LR approach to the handling of grievances and arbitrations, under the direction of the Manager, Litigation and Labour Relations, should fully address the concerns raised in this recommendation. December 2008: As a result of the meeting with the Auditor General, Employee Services will share all discipline grievance files electronically with Legal Services through a shared drive. Sharing of files to be in place the end of Q1 2009. November 12/08 - City Clerk and Solicitor assumed responsibility for the Labour Relations Division of HR. It is suggested that this realignment will assist in bringing the units closer. The details of this new merger are currently being formalized.
11 11	That whenever arbitration is scheduled, the affected manager, LRC and a representative of Legal Services are required, as a matter of internal discipline policy, to convene a meeting immediately to review the issues, which are the object of the arbitration. As a result of this meeting, all three parties will agree on a course of action for the arbitration, and the client (manager) will be versed of settlement options and benefits in advance of the hearing – with all three parties committing to a course of action and helping to foster cohesive management resolve.	Management agrees with the first part of this recommendation that preparation for arbitration be undertaken with the involvement of line management, Labour Relations and Legal Services in order to review the issues and all possible options for resolution. However, management disagrees with the second part of this recommendation. Matters arising from the arbitration process properly reside in Legal Services under the Delegation of Authority By-law and should continue to be within their mandate as part of their role as a Centre of Expertise and the City’s representative for all litigation matters.		December 2009: In Progress. The Labour Relations Unit has now been fully integrated with the Litigation Unit as part of a consolidated Litigation and Labour Relations Branch. Management is currently working with IT Services to facilitate the sharing of file information and to overcome some restrictions imposed by the City's network architecture. June 2009: The further realignment of labour litigation and labour relations under a single Manager, as well as the adoption of a more coordinated "team" approach to labour issues and litigation, will ensure that there is a more cohesive recommendation provided to management in the context of determining appropriate arbitration strategies. Through the implementation of timely case reviews, as well as ensuring the involvement of operating department management representatives in preparation for arbitration, the concerns noted by the Auditor General should be properly addressed. December 2008: Further to discussion at CAWG, the sharing of electronic grievance files between Legal Services and Employee Services will help to foster cohesive management resolve to arbitration hearings as recommended by the Auditor General. Sharing of files to be in place the end of Q1 2009. Resolution: This item was discussed at CAWG on Nov. 21/08. With respect to the first part of this recommendation, preparation for arbitration is generally undertaken with the involvement of line management, Labour Relations and Legal Services in order to review the issues and all possible options for resolution. With respect to the second part of this recommendation, matters arising from the arbitration process reside in Legal Services under the Delegation of Authority By-law as the City’s representative for all litigation matters. The Law Society’s rules of professional practice obligate the Legal Services’ lawyers to provide the best advice to their respective client (the line manager). The realignment of Labour Relations under the City Solicitor/Clerk and the sharing of electronic grievance files between Legal Services and employee Services will foster the cohesive management resolve to arbitration hearings as recommended by the Auditor General.
12 12	That Employee Services provide a memorandum to all of their clients that clearly demarcates the responsibilities of Legal Services, Employee Services and the client as it relates to seeking advice, grievances and arbitrations.	Management agrees with this recommendation. As noted under recommendation 8, Labour Relations and Legal Services will issue a joint memorandum to all of their clients outlining their roles and responsibilities regarding decision-making authority, by Q3 2008.	Q3 2008	December 2009: In Progress. The Labour Relations Branch is currently being reorganized to align the assignment of staff with the organizational structure put in place this year. Management is scheduled to present their revised organizational model to SMC in Q1 2010, after which Branch representatives will be meeting with departmental management teams, as well as the respective unions. June 2009: The further consolidation of the Labour Law unit with the Labour Relations unit, under the direction of the Manager, Litigation and Labour Relations, has effectively resolved the concerns identified in the Audit. In respect of grievance arbitration, individual results are reported out to the relevant operating department, along with any proposed future remedial measures, and aggregate data on these matters forms part of Legal Services' regular "win/loss" reporting to Council/Committee. Legal/LR continues to work with Human Resources and operating department representatives to establish the appropriate allocation of managerial responsibility and to further refine the roles of HR, Legal/LR and operational management. December 2008: Further to the response set out in recommendation 8, with respect to the realignment, an in-depth review of the Labour Relations function, including the strategic capabilities of collective bargaining, is currently being finalized within the confines of Realignment Phase 3. This is expected to be complete by the end of Q2 2009. In progress. Labour Relations & Legal Services preliminary meeting held August 26.
22 22	That the strategy for the upcoming round (s)) of collective bargaining in 2008 and potential implications be well understood by Council and well supported with the right strategies, action plans and resources to manage the process and its inherent challenges.	Management agrees with this recommendation. Presentation of the 2008 bargaining strategy was made to Council in November 2007. Temporary resources have been provided to assist in achieving the objectives outlined in this strategy. As the duration of the upcoming agreements are finalized, a review of staffing needs will be undertaken. If increased permanent staffing is required, a report will be submitted to Council requesting additional resources in 2009.	Q4 2008	December 2009: In Progress. Though funding for the recruitment of two additional FTEs was not approved by Council as part of the 2009 budget, the consolidation of the Litigation and Labour Relations units under a single manager allowed for the establishment of one additional Senior Labour Relations Consultant position. It is anticipated that the second position will be approved as part of the 2010 budget and management will then move to complete the staffing process as soon as possible. June 2009: On April 21, 2009, the Corporate Services and Economic Development Committee received a comprehensive report on the framework to a more strategic approach to collective bargaining by the City of Ottawa. Due to a departmental realignment, one Senior LRC position was created. The creation of a second Senior LRC is included in the 2010 budget pressures and is currently being staffed on a temporary basis. December 2008: As noted in Recommendation 8, on November 12, 2008, the City Manager announced that the Labour Relations division would now report directly to the City Solicitor. The request for two additional FTE's to deal with the strategic capabilities of collective bargaining was approved through the Council budget process in December 2008. The positions are currently in the process of being formally established.