MINUTES OF THE EXECUTIVE COUNCIL
MARCH 7-9 & 13, 2005
TUESDAY, MARCH 7, 2005
MORNING SESSION
1. CALL TO ORDER OF THE REGULAR MEETING
The meeting was called to order at 9:00 hours. President Betty Bannon
was in the chair. In attendance: Denis Lalancette, Bob Campbell, Pamela
Abbott, Terry Dupuis, Shawn Bergeron, Kent MacDonald, Nick Stein, Diana
Gee, Chris Aylward, Sabri Khayat, Marcel Bertrand, Linda Cassidy, Mike
Lefebvre and Pierrette Labrie.
2. HOURS OF SESSION OF THE REGULAR MEETING
m/s D. Gee /P. Abbott
That the hours of session be as follows:
Monday: 9:00 - 11:45; 1:30 - 4:00 - 5:00 open discussion
Tuesday: 9:00 - 11:45; 1:30 - 4:00 - 5:00
Wednesday: 9:00 - 11:45; 1:30 - 5:00
Sunday: 9:00 - 12:00 noon
• MOTION CARRIED.
3. ADOPTION OF AGENDA
m/s C. Aylward T. Dupuis
That the agenda as printed plus the following additions be adopted:
41. Terms and Indeterminate Employees (S. Bergeron)
Open discussion
18. Toxedo (D. Lalancette)
19. Bilingualism at the RC (S. Khayat)
20. Employer discussion terms employees (C. Aylward)
21. Schniedman Decision (M. Bertrand)
22. UMCs (T. Dupuis)
23. Compensation Call Center (S. Bergeron)
• Recorded Vote #1. MOTION CARRIED.
4. ADOPTION OF MINUTES OF THE PREVIOUS MEETINGS
m/s C. Aylward/T. Dupuis
That the minutes of the Executive Council Meeting of December 2004 and
recorded votes by email be adopted.
• Recorded Vote #2. MOTION CARRIED.
First National Vice-President Campbell assumed the chair.
5. PRESIDENT FOLLOW UP ITEMS (Appendix A)
m/s B. Bannon/D. Lalancette
That the President Follow Up items be adopted.
• Recorded Vote #3. MOTION CARRIED.
6. REPORT OF THE PRESIDENT (Appendix B)
m/s B. Bannon/D. Gee
That the report of the President be adopted.
• Recorded Vote #4. MOTION CARRIED.
President Bannon resumed the chair.
7. REPORT OF THE FIRST NATIONAL VICE-PRESIDENT (Appendix C)
m/s B. Campbell/D. Lalancette
That the report of the First National Vice-President be adopted.
• Recorded Vote #5. MOTION CARRIED.
8. REPORT OF THE SECOND NATIONAL VICE-PRESIDENT (Appendix D)
m/s D. Lalancette/B. Campbell
Brother Lalancette thanked the whole bargaining team for their great commitment.
That the report of the Second Vice-President be adopted.
• Recorded Vote #6. MOTION CARRIED.
9. REPORT OF THE REGIONAL VICE-PRESIDENTS (Appendix E)
m/s P. Abbott/S. Bergeron
That the report be postponed to add the Alternate RVP report from the
Prairies Region.
MOTION TO POSTPONE CARRIED.
First National Vice-President Campbell assumed the chair.
10. REPORT OF THE EXECUTIVE COMMITTEE (Appendix F)
m/s B. Bannon/D. Lalancette
That the report of the Executive Committee be adopted.
• Recorded Vote #7. MOTION CARRIED.
Sister Bannon resumed the chair.
11 a) REPORT OF THE STAFFING COMMITTEE
(Appendix G)
m/s K. MacDonald/L. Cassidy
That the report of the Staffing Committee be adopted.
• Recorded Vote #8. MOTION CARRIED.
11 c) REPORT OF THE TECHNOLOGICAL CHANGE COMMITTEE (Appendix I)
m/s S. Khayat/S. Bergeron
That the report of the Technological Change Committee be adopted.
• Recorded Vote #9. MOTION CARRIED.
11 d) REPORT OF THE EMPLOYEE ASSISTANCE PROGRAM COMMITTEE
(Appendix J)
m/s S. Bergeron/D. Gee
That the report of the Employee Assistance Program
be adopted.
• Recorded Vote #10. MOTION CARRIED.
11 e) REPORT OF THE HEALTH AND SAFETY COMMITTEE (Appendix K)
m/s C. Aylward/D. Lalancette
That the report of the Health and Safety Committee
be adopted.
• Recorded Vote #11. MOTION CARRIED.
11 b) REPORT OF THE BY-LAW COMMITTEE (Appendix H)
m/s C. Aylward/S. Khayat
That the report of the By-Laws Committee be adopted.
m/s C. Aylward/S. Khayat
Recommendation no. 1
That the following recommendations made by the By-Laws Committee for amendments
to the By-Laws and Regulations if adopted be forwarded to the By-Laws Convention
Committee on behalf of the Executive Council.
Recorded vote #12. VOTE CARRIED.
Recommendation no. 2
BY LAW 6
ADMINISTRATIVE STRUCTURE
Section 1 -Executive Council
(1) Composition of the Executive Council
The Executive Council shall consist of:
(a) President;
(b) 1st Vice President;
(c) 2nd Vice President; and
(d) Ten regional vice presidents permanently employed in and representing
regions as provided by Regulation No.1.
• Recorded Vote #13. MOTION CARRIED.
Recommendation no. 3
BY-LAW 6
Section 2 - Executive Committee
(3) Meetings
(a) The Executive Committee shall meet at the call of the President
or at the request of two (2) members of the Executive Council Committee;
(b) the President may, instead of convening a meeting at a specified
place and date, hold a telephone conference if the subject matters
can be so dealt with; and
(c) when a subject matter is referred by a Regional Vice-President,
the President must shall ensure the matter is well understood by
the Executive Committee. If necessary, the President shall invite
the Regional Vice-President concerned to the next meeting of the
Executive Committee where the subject is to be discussed.
• Recorded Vote #14. MOTION CARRIED.
Recommendation no. 4
BY-LAW 6
Section 3 - Committees
(1) There shall be committees as established by regulation.
(2) The President is empowered to appoint any other committees as are
necessary subject to the approval of the Executive Council.
(3) The President is empowered to appoint the Chairperson of all
committees subject to the approval of the Executive Council.
(4) All committees must shall submit a written report on their activities
to each Executive Council meeting.
• Recorded Vote #15. MOTION CARRIED.
Recommendation no. 5
AMENDMENT (IN ENGLISH VERSION ONLY)
BY-LAW 6
Section 4 - Vacancies
(1) (a) If the office of the President or 1st Vice President or 2nd
Vice President becomes vacant or if the incumbent becomes unable
to perform the duties of the position, six months or more prior to
the Convention, an election shall be held to fill the vacancy. Subject
to the limitations in By-Law 9 Section 1 (4) nominations shall be
called by the Executive Committee. A period of not more than thirty
(30) days shall elapse from the date of notice of vacancy to the
date of the nomination call and the Executive Committee shall ensure
that the nominees are members in good standing and are prepared to
stand for office. If an election is necessary, it shall be conducted
by mail by the Executive Committee. Only those delegates from the
last Convention still in good standing shall be eligible to vote.
(b) Only those delegates from the last Convention still in good standing
shall be eligible to vote.
• Recorded Vote #16. MOTION CARRIED.
Recommendation no.6
BY-LAW 6
Section 4 - Vacancies
(3) (a) If the position of Alternate Regional Vice President becomes
vacant or if the incumbent becomes unable to perform the duties of
the position an election shall be held to fill the vacancy. Subject
to the limitations in By Law 9 Section 9 nominations shall be called
by the Regional Vice President. A period of not more than thirty
(30) days shall elapse from the date of notice of vacancy to the
date of the nomination call and the Regional Vice President shall
ensure that the nominees are members in good standing and have indicated
in writing that they are prepared to stand for office. The election
shall be conducted by mail by the Regional Vice-President.
(b) Delegates from the region still in good standing from the last
Convention shall be eligible to vote.
(c) Locals shall have the authority to replace delegates who are no longer
in their region or who are no longer in good standing.
• Recorded Vote #17. MOTION CARRIED.
Recommendation no. 7
BY-LAW 6
Section 5 - Presidents’ Conference
(1) There shall be a Presidents' Conference constituted in the following
manner:
(a) the President or their alternate shall be the Chairperson;
(b) the delegates shall be the President or alternate of all Locals
as defined in Regulation No. 1;
(c) the Presidents' Conference shall meet at the call of the Executive
Council, not less than two (2) times in a year;
(d) the Presidents' Conference shall be vested with the authority
to discuss all the business transacted by the Executive Council between
Conventions;
(e) the Presidents' Conference by a simple majority vote of those
in attendance may make recommendations by means of motions to Executive
Council;
(f) it will be the responsibility of the chairperson to prepare an
agenda dealing with the following items:
(i) business conducted by
the Executive Council,
(ii) those items Executive Council wishes to have discussed;
(iii) items submitted in writing by the Local Presidents; and
(iv) the election of the members on UTE standing committees at
every two years (2) at the September Presidents’ Conference.
• Recorded Vote #18. MOTION CARRIED.
Recommendation no. 8
BY LAW 9
ELECTION OF OFFICERS
Section 1
(1) The President and the Vice Presidents shall be elected by ballot
at each during Convention.
(2) The Regional Vice Presidents shall be elected at a regional caucus
at each during Convention as set out in By Law 9, Section 9.
(3) Only delegates, as defined by By Law 10, Sections 5 and
9 shall be
entitled to vote for the election of officers.
(4) A delegate may nominate a member in good standing, who is not a delegate,
for an office, provided the member so nominated, has indicated in writing
their acceptance of the nomination.
• Recorded Vote #19. MOTION CARRIED.
Recommendation no.9
BY LAW 9
ELECTION OF OFFICERS
Section 2
The Executive Council shall appoint a nomination committee of at least
three and not more than five persons and shall name one as chairperson.
The Nominations Committee shall:
(1) receive nominations for all offices from delegates;
(2) ensure that there is at least one nomination for each office;
(3) determine the eligibility of such nominees; and
(4) place the names of all eligible nominees in nomination at the time set
forth for the election of officers and if applicable to report to the Convention
the name of any nominee considered to be ineligible.
• Recorded Vote #20. MOTION DEFEATED.
Recommendation no. 10
BY LAW 10
CONVENTIONS
Section 6
(1) At least ninety (90) calendar days prior to the opening date of the
Convention, the National Executive Council shall appoint such committees
as may be necessary for the conduct of the business of the Convention.
Committee assignment shall be made by the Executive Council and where possible
such assignment will be in keeping with the request of the region or local.
Delegates to committees shall be advised of the committee composition at
least thirty (30) calendar days prior to the opening date of the committee
meetings.
• Recorded Vote #21. MOTION CARRIED.
Recommendation no.11
BY-LAW 10
CONVENTION
Section 7
(1) Travel expenses of delegates, named by a Local, shall be paid by
UTE in accordance with Regulation.
(2) These expenses shall normally be up to two (2) times the cost of a
fourteen (14) day excursion airfare or the equivalent, without receipt.
Any other airfare shall have prior approval of the President.
• Recorded Vote #22. MOTION CARRIED.
Recommendation no.12
AMENDMENT (IN ENGLISH VERSION ONLY)
BY LAW 10
CONVENTIONS
Section 16
A Special Convention shall be called by the President at the request of
a majority of Locals. Such majority of Locals must shall represent a majority
of UTE members. A request for a Special Convention by a Local must shall be in writing. A Special Convention shall have the power to deal only with
the matters specified in the written request.
• Recorded Vote #23. MOTION CARRIED.
Recommendation no.13
AMENDMENT (IN ENGLISH VERSION ONLY)
BY LAW 16
AMENDMENTS
Section 2
These By Laws may be amended between Conventions by approval of a two thirds
(2/3) majority of those voting in a membership referendum ordered by a
two third's (2/3) majority of the Executive Council. Thirty (30) days'
notice of such amendment must shall be given to each Local.
• Recorded Vote #24. MOTION CARRIED.
Recommendation no.14
BY LAW 18
EXPENSES
Section 1
Any Member incurring authorized expenses related to traveling, accommodation
and any other necessary expenses while engaged on authorized union
business by UTE be reimbursed for such expenses. The expense shall
be reimbursed in accordance with the Regulations. “Reimbursement of travel expenses”.
Section 2
Any member except the President required to take leave from their employer
or use compress days for the purpose of carrying out union business authorised
by UTE be reimbursed an amount equal to one day's pay for each day of
leave taken at the rate shown for their grade and level per the collective
agreement then in effect.
• Recorded Vote #25. MOTION CARRIED.
Open Discussion Period – 4:00 p.m.
The Council members discussed the items under that section.
The meeting recessed at 5:00.
TUESDAY, MARCH 8, 2005
MORNING SESSION
The meeting was called to order at 9:00 hours. President Bannon was in
the chair.
Brother Dupuis served notice to amend the agenda.
(Continuation of item 11 b) REPORT OF THE BY-LAW COMMITTEE (Appendix
H))
m/s C. Aylward/S. Khayat
Recommendation no.15
BY LAW 2
Section 4
To represent any member or group of members in appeals, grievances, complaints, independent third party reviews or any other matters within the jurisdiction
of UTE.
• Recorded Vote #26. MOTION CARRIED.
Recommendation no.16
BY LAW 5
Section 3
Local dues received by UTE from PSAC, not withstanding
any agreement between UTE and the local, shall be due and payable monthly to the local concerned.
• Recorded Vote #27. MOTION CARRIED.
Recommendation no.17
BY LAW 6
ADMINISTRATIVE STRUCTURE
(2) Duties and Responsibilities
The Executive Council shall:
(a) exercise all the powers and perform all the duties vested in it
by these By-Laws;
(b) be vested with the authority to deal with all matters affecting
the business and objects of UTE between conventions;
(c) discharge all duties and obligations imposed upon it by Convention;
(d) have the power to spend UTE funds for the benefit of the members,
in keeping with these By laws and Regulations adopted by the Convention;
(e) approve all expenditures of UTE. Notwithstanding any other By
Law and Regulations when any expenditure in excess of the adopted
budgeted amounts is to be funded from the surplus, a two third's
(2/3) majority vote of the Executive Council is required;
(f) approve separate amounts paid to each National Officer. Each
approved amount shall be reported separately in the minutes of each
meeting as well as the activity report of the said officers;
(g) approve the reallocation of budgeted amounts between Conventions
as required.
(h) appoint the representatives of UTE to any organisation to which
UTE may send representatives;
(i) make, amend or delete such Regulations as deemed necessary, consistent
with the Constitution and these By laws, provided that such Regulations
are sent in writing to all Locals and are submitted to the first succeeding
Convention for ratification; and
(j) may call into conference or consultation and invite to attend the
Convention or a meeting of the Executive Council any person who may
be able to assist UTE in carrying out its objectives or provide its
members with information.
• Recorded Vote #28. MOTION CARRIED.
Recommendation no.18
BY LAW 6
ADMINISTRATIVE STRUCTURE
(4) Vacancies
Vacancies on the Executive Council shall be filled as provided in By Law
6 Section 4.
(5) (4) Restrictions
A member of the Executive Council shall not be permitted to hold an elected
office at the local level.
• Recorded Vote #29. MOTION CARRIED.
Recommendation no.19 (a)
BY-LAW 6
Section 6 – Equal Opportunities Conferences
(1) There shall be Equal Opportunities Conferences constituted in the
following manner:
(a) a National Conference shall normally
be held in Ottawa the calendar
year prior to the Convention;
(b) four Regional Conferences held prior to the National Conference
with the locations decided by the Equal Opportunities Committee;
(c) the Chairperson of the Equal Opportunities Committee or their
alternate shall be the Chairperson of the National and Regional Conferences;
(d) UTE shall fund one member per Local as defined in Regulation
No.1;
(e) members of the Equal Opportunities Committee shall be funded
to attend the National Conference and the one Regional Conference
in which their home local has been assigned to attend; can attend;
(f) it will be the responsibility of the Equal Opportunities Committee
to set the agenda and workshops for the conferences;
(g) each Regional Conference will be shall normally be scheduled
for one and a half (1½) days over on a Saturday and Sunday;
(h) the National Conference will be shall normally be scheduled for
two and a half (2 ½) days over on a Friday, Saturday and Sunday;
(i) members of the Executive Council shall be funded to attend the
National Conference and the Regional Conferences in which their home
local has been assigned or to
which locals in their region have been
assigned to can attend; and
(j) notwithstanding (d), members of UTE in good standing may attend
at their own expense.
m/s L. Cassidy/T. Dupuis
That the resolution be divided to deal with " e " and " i " separately.
MOTION TO DIVIDE CARRIED.
That paragraphs : a, b, c, d, f, g, h and j be adopted.
• Recorded Vote #30. MOTION CARRIED.
Recommendation no.19 (b)
That paragraphs : e and i be adopted.
• Recorded Vote #31. MOTION DEFEATED.
Recommendation no. 20
BY LAW 7
FORM OF ORGANIZATION
Section 1
UTE, a Component of the PSAC shall be composed of all locals as provided
in Regulation. No. 1.
Section 2
A Local shall be composed of all members of UTE in a locality prescribed
by regulation. A Local may, in the interests of its members and more efficient
operations, divide itself into groups on the basis of common interest.
The membership in each Local shall elect, in accordance with the provisions
of these By Laws, not less than three (3) officers to conduct their affairs.
Their term of office shall not exceed three (3) years without re election.
Section 3
Each Local shall have the right to deal with the CCRA officials (Local
management) on matters affecting the interests of its own members.
A Local shall also have the right to:
(1) initiate action(s) on such
matters having broader scope than those of direct concern to the
Local members; by first seeking a solution through written submission
to UTE (the Regional Vice-President, the Executive Council, the
Convention). After exhausting the foregoing, then by direct recourse
to the PSAC. through the Regional Executive Vice-President.
• Recorded Vote #32. MOTION CARRIED.
Recommendation no. 21
BY-LAW 8
Section 3 The 1st Vice-President responsible for Finance shall:
(1) ensure that the funds of UTE are handled in a sound financial manner
and in the best interest of the members;
(2) ensure that proper books, records and vouchers are kept in connection
with the operations of UTE;
(3) supply to each Executive Council meeting such statements and
supportive material which will enable the Executive Council to properly
evaluate and control the financial affairs of UTE; and
(4) include in the written reports to the Executive Council and the
Convention the dollar amount expended by each member of the Council
and the Alternates for the Regional Vice-Presidents for the current
period as well as the cumulative amount since the last Convention.
• Recorded Vote #33. MOTION CARRIED.
Recommendation no.22
BY LAW 10
CONVENTIONS
Section 4
Notice of the Convention shall be given to each local by the National
Office not less than six (6) months prior to opening date of the
Convention. Such notice will include but not be limited to:
(1) dates and location of the convention;
(2) deadline for receipt in the National Office of resolutions; and
(3) deadline for receipt in the National Office of the names of the
delegates to Convention and the alternate
delegates.
Notice of any Special Convention shall be given to each Local by
the National Office not less than sixty (60) calendar days prior
to the opening date of the Convention. Such notice will state the
matters to be dealt with.
• Recorded Vote #34. MOTION CARRIED.
Recommendation no. 23
BY LAW 10
CONVENTIONS
Section 5
For the purpose of representation at a Convention, each Local shall:
(1) be entitled to one (1) delegate with full voting rights for each block
of two hundred (200) members in good standing or fraction of this number
during the calendar year preceding the Convention taking into account the
month during which the number of members has been the highest in
UTE. Every
delegate must shall be a member in good standing of
the local.
(2) for the purpose of replacing delegates at Convention, submit to the
National Office the name and ranking of the alternate delegates. Every
alternate delegate shall be a member in good standing.
m/s K. MacDonald/T. Dupuis
That the resolution be divided to deal with everything except: of
the local in (1)
MOTION TO DIVIDE CARRIED.
m/s N. Stein/T. Dupuis
That the resolution be referred back to the committee.
MOTION TO REFER CARRIED.
Brother Campbell assumed the chair.
Recommendation no. 24
BY-LAW 10
Section 9
Each member of the Executive Council shall be considered a delegate and
entitled to attend Conventions with full voting rights as provided in By-Law
10, Section 5. Their expenses, including traveling expenses, shall be paid
by UTE. Regional Vice-Presidents shall be considered delegates from the
Region they represent. The President and Vice-Presidents shall be considered
delegates from the region in which she/he resided immediately prior to
her/his initial election to the National position.
Recorded Vote #35. MOTION CARRIED.
That item 42 be added to new business – Donation Calgary CANE
MOTION CARRIED.
m/s P. Abbott/D. Lalancette
At the request of the Council the session went ‘’ in camera ‘’.
m/s T. Dupuis/D. Lalancette
That the session be off camera.
MOTION CARRIED.
11 f) REPORT OF THE EQUAL OPPORTUNITIES COMMITTEE (Appendix L)
m/s L. Cassidy/T. Dupuis
That the report of the EO Committee be adopted.
• Recorded Vote #39. MOTION CARRIED.
11 g) REPORT OF THE HONOURS AND AWARDS COMMITTEE (Appendix M)
m/s P. Abbott/D. Lalancette
That the report of the Honours and Awards Committee be adopted.
• Recorded Vote #40. MOTION CARRIED.
11 h) REPORT OF THE WORKFORCE ADJUSTMENT COMMITTEE (Appendix N)
m/s N. Stein/M. Bertrand
That the report of the Workforce Adjustment Committee be postponed till
after the By-Law Committee report because of a scheduled WFA meeting, at
lunchtime, with the employer.
MOTION TO POSTPONE CARRIED.
11 i) REPORT OF THE HARASSMENT COMMITTEE (Appendix O)
m/s M. Bertrand/D. Gee
That the report of the Harassment Committee be adopted.
• Recorded Vote #41. MOTION CARRIED.
11 j) REPORT OF THE FINANCE COMMITTEE (Appendix P)
m/s K. MacDonald/P. Abbott
That the report of the Finance Committee be adopted.
• Recorded Vote #42. MOTION CARRIED.
Sister Bannon resumed the chair.
11 k) REPORT OF THE COMMUNICATIONS COMMITTEE (Appendix Q)
m/s B. Campbell/S. Khayat
That the report of the Communications Committee be adopted.
• Recorded Vote #43. MOTION CARRIED.
11 l) REPORT OF THE BARGAINING COMMITTEE (Appendix R)
m/s D. Lalancette/N. Stein
That the report of the Bargaining Committee be adopted.
m/s D. Lalancette/N. Stein
Recommendation no. 1
That the UTE remove from the UTE Policies & Procedures Manual the
section entitled “Strike Structure” and the organization
chart for this structure, which is included at item 1 in the manual.
• Recorded Vote #44. MOTION CARRIED.
Recommendation no. 2
That, after the Convention, the Standing Bargaining Committee plan to
prepare a new strike structure organization chart and a definition of the
roles of stakeholders in this organization chart that is geared to the
current needs and reality.
• Recorded Vote #45. MOTION CARRIED.
Recommendation no. 3
That the UTE amend its policy for conducting a strike or ratification
vote as follows:
Process
The Locals, in collaboration with the regional offices, ensure that members
receive relevant information enabling them to make decisions by ballot,
organize ratification meetings that members can reasonably attend, and
arrange other things, except the distribution of ballots in the work place,
for enabling members to vote. It is also their responsibility to rent premises
for ratification meetings, except:
• during a ratification vote following a positive strike vote;
• when more than one Local organizes a joint ratification meeting.
Meetings on strike or ratification vote processes are held off the
employer’s
premises. These meetings must also be held outside employer-paid working
hours.
Votes shall not be held during meal breaks. Locals will hold 1 meeting
in each process. However, Locals with more than one shift may hold 2 meetings
in each process.
• Recorded Vote #46. MOTION DEFEATED.
Resolutions for convention:
Be it resolved that By-Law 6 be amended as follows:
BY LAW 6
ADMINISTRATIVE STRUCTURE
Section 5 - Presidents Conference
(1) There shall be a Presidents' Conference constituted in the following
manner:
(f) it will be the responsibility of the chairperson to prepare an
agenda dealing with the following items:
(i) business conducted by the Executive Council,
(ii) those items Executive Council wishes to have discussed;
(iii) items submitted in writing by the Local Presidents; and
(iv) the election of the members on UTE standing committees at
every second sitting of the September Presidents’ Conference
(1) Notwithstanding the foregoing, when a bargaining process is
under way, the term of the two President representatives on the
Standing Bargaining Committee shall be extended until a new collective
agreement is signed.
(2) The election of the members representing the Presidents
shall take place during the next Presidents’ Conference
following the signing of the new collective agreement.
• Recorded Vote #47. MOTION DEFEATED.
Regulation 4
Be it resolved that UTE Regulation 4 be amended as follows:
Whereas the UTE must try to have clear, easy-to-find guidelines; and
Whereas UTE resolutions of record are practices applied and observed by
the UTE; and
Whereas resolution of Record no. 5 has been in effect for 24 years (adopted
in July 1981).
Be it resolved that UTE Regulation 4 be amended as follows:
4.1 CONVENTION COMMITTEES
(1) At least ninety (90) calendar days prior to the opening date
of a Triennial National Convention, the Executive Council shall
appoint such committees as may be necessary for the conduct of
the business of the Convention.
(2) There shall be four (4) standing committees:
(a) By-laws;
(b) Finance;
(c) Collective Bargaining; and
(i) Resolutions that are specific bargaining demands shall not
be dealt with during Triennial Conventions.
(d) General.
• Recorded Vote #48. MOTION DEFEATED.
REGULATION 10.3.1
Whereas the regulation stipulates that there are to be 9 members on the
National Bargaining Committee; and
Whereas it is possible that the Regional Vice-President assigned by the
Executive Council who is co-Chair of the Standing Bargaining Committee
may also be a Chair of one of the Standing Committees in Regulation 10.3.1
(1) (b), with the result that one of the 9 positions provided for on this
Committee is not filled.
Be it resolved that the position left vacant by the co-Chair of the Standing
Bargaining Committee who is also a committee Chair be filled.
Be it further resolved that the vacant position be filled by the co-Chair
of the National Committee of which the co-Chair of the Standing Bargaining
Committee is the Chair.
• Recorded Vote #49. MOTION DEFEATED.
REGULATION 10.4.2
Whereas UTE bargaining team members must represent members’ interests
to the PSAC also before the employer.
Be it resolved that Regulation 10.4.2 (1) (a) be amended to read as follows:
(1) The Team:
(a) represents UTE members and protects their interests during bargaining
meetings with PSAC and employer representatives.
• Recorded Vote #50. MOTION CARRIED.
PSAC REGULATION 15
m/s K. MacDonald/M. Bertrand
That the resolution be referred back to the committee with instructions
to add : for the CRA and other employers not belonging to the Treasury
Board who request it.
Whereas several members and Locals have complained about the length of
the ratification process; and
Whereas this long period reduces members’ interaction momentum
and the activism of Locals; and
Whereas this ends up not reflecting the reality of members’ needs
versus the employer’s offers; and
Whereas most articles in the tentative agreement are in both official languages.
Be it resolved that the UTE request that the PSAC amend its Regulation
15 such that the ratification vote process and the announcing of the results
be completed no later than 30 days following the date of the tentative
agreement.
MOTION TO REFER CARRIED.
STRIKE BOOK
m/s C. Aylward/P. Abbott
That this resolution be tabled.
MOTION TO TABLE LOST FOR A LACK OF MAJORITY.
m/s S. Bergeron/S. Khayat
That the resolution be referred back to the committee to look at defining
what purposes the strike book will serve.
MOTION TO REFER DEFEATED.
• Recorded Vote #51. MOTION DEFEATED.
POLICY PAPER ON BARGAINING
m/s K. MacDonald/T. Dupuis
That the Policy Paper be referred back to the committee for clarification.
MOTION TO REFER CARRIED.
(Continuation of item 11 h) REPORT OF THE WFA COMMITTEE (Appendix N)
m/s N. Stein/M. Bertrand
That the report of the Workforce Adjustment Committee be adopted.
• Recorded Vote #52. MOTION CARRIED.
(Continuation of item 11 b) REPORT OF THE BY-LAW COMMITTEE (Appendix H)
m/s C. Aylward/S. Khayat
Recommendation no. 25
BY-LAW 10
Section 14
(1) The delegates to the PSAC Convention shall be elected during the UTE
Convention.
(2) The election shall be chaired by the Regional Vice-President at a regional
caucus.
(3) Any member in good standing of that region may stand for election,
however, only accredited convention delegates of that region as defined
in By-Law 10, Sections 5 and 9 of that region may nominate, second and
vote for PSAC Convention delegates in that region.
(4)Any member nominated who is not present shall have provided in writing
their acceptance of the nomination.
• Recorded Vote #53. MOTION CARRIED.
Recommendation no 26.
BY-LAW 10
Section 15 (new)
All matters and resolutions not dealt with by the convention shall be referred
to the Executive Council.
Renumber 15 to 16 and 16 to 17
• Recorded Vote #54. MOTION CARRIED.
Recommendation no 27.
BY-LAW 11
DISCIPLINE
Section 3
A member or an officer of the Local or officer of the Executive Council
is guilty of an offence against these By Laws who:
(1) violates any provision of the Constitution, or these By Laws;
(2) obtains membership or solicits membership by misrepresentation;
(3) institutes, urges or advocates that a member institute action in
a court of law against the PSAC, UTE or any of its constituent parts
or any of its officers without first exhausting all remedies through
appeal within the PSAC or the UTE;
(4) other than through proper union channels advocates or attempts
to bring about the withdrawal from the PSAC, UTE, or Locals of any
member or group of members;
(5) wilfully publishes or circulates among the members false reports
or misrepresentations;
(6) works in the interests of a rival organisation against the PSAC,
UTE or Locals;
(7) slanders, libels or wilfully wrongs an officer or member of the
PSAC, UTE or Locals;
(8) uses abusive language or disturbs the peace of any meeting or
around any office or meeting place of the PSAC, UTE or Locals;
(9) fraudulently receives or misappropriates any monies due to or
received by the PSAC, UTE or Locals;
• Recorded Vote #55. MOTION CARRIED.
Recommendation no. 28 (a)
BY-LAW 11
DISCIPLINE
Section 4
1) Each non-designated member or rand deductee who fails to honour a duly
established picket line of their own bargaining group or who performs work
for which the PSAC is the bargaining agent, at any work site not withstanding
that there may not be a duly authorised picket line during a legal strike
of that bargaining group in violation of the Constitution of the PSAC or
these By-Laws.
Any member in a legal strike position,
who either crosses the picket line or is paid by the employer not to
participate in strike action, or performs work for the employer, unless
required to do so by law, or who voluntarily performs struck work shall be subject to a financial
penalty.
(2) The financial penalty referred to in By-Law 11, Section 4(1) shall
be equal to the gross salary earned by the member or rand deductee during
any period(s) in which they crossed the picket line of their own bargaining
group.
(3)(2) The procedure for handling financial penalties shall be in accordance
with the Constitution.
(4)(3) Locals shall be authorised to undertake all necessary steps in
order to collect any financial penalties imposed up to and including formal
legal proceedings.
(5) All financial penalties collected shall be the property of the local.
m/s L. Cassidy/D. Gee
That the resolution be divided to deal with paragraph 5 separately.
MOTION TO DIVIDE CARRIED.
That Section 4 paragraphs : 1, 2, 3 be adopted.
• Recorded Vote #56. MOTION CARRIED.
Recommendation no. 28 (b)
(5) is now (3)
(3) Locals shall be authorised to undertake all necessary steps in order
to collect any financial penalties imposed up to and including formal legal
proceedings. Those financial penalties collected shall be the property
of the local.
• Recorded Vote #57. MOTION CARRIED.
The meeting recessed at 5:00.
WEDNESDAY, MARCH 9, 2005
MORNING SESSION
The meeting was called to order at 9:00 hours. President Bannon was in
the chair.
(Continuation of item 11 b) REPORT OF THE BY-LAW COMMITTEE (Appendix H)
m/s C. Aylward/S. Khayat
Recommendation no. 29
BY LAW 18
Section 3
Notwithstanding any authorisation stated or implied hereto, any claim
by a member for reimbursement of expenditures must shall be filed
through the national office National Office within ninety (90) days
of the occurrence of such expenditures. A claim filed after the stated
period will not be considered as union business authorised by UTE
unless the Executive Council reviews the situation and agrees
that circumstances beyond the member’s
control prevented them from filing the claim approves the claim.
• Recorded Vote #58. MOTION CARRIED.
Recommendation no 30.
BY LAW 20
DEFINITIONS
In these By Laws:
"By-Laws" (Statuts) means the By-Laws of the Union of Taxation
Employees.
"Chairperson" (présidente ou président du comité) means a person who chairs a Committee of the Union of Taxation Employees.
"Constitution" (Statuts de l’AFPC) as used in the English
version of these By Laws means the Constitution of the Public Service
Alliance of Canada.
"Convention" (Congrès) means a National Triennial Convention
of the Union of Taxation Employees.
“Employer” (Employeur) means Canada Customs and Revenue
Agency, other federal Public Service Employer specified in Schedule 1,
part 1 and 2 of the Public Service Staff Relations Act (PSSRA) and any
labour organization.
"Executive Council" (Conseil exécutif) means the National
Executive Council of the Union of Taxation Employees.
"Local" (Section locale) has the meaning conferred upon it
by By-Law 7, Section 2.
"Membership" "Honorary Membership", "Life Membership" (Membre,
Membre honoraire et Membre à vie) in these By Laws have the
meanings conferred upon them by By Law 3.
"PSAC" (AFPC) means the Public Service Alliance of Canada.
"President" (Présidente ou président) means
the President of the Union of Taxation Employees, unless specifically
indicated otherwise.
"Shall and May" (Expression des motions) the expression “shall “ is
to be construed as imperative and the expression “may” as
permissive.
"Shall” is to be construed as imperative.
"Special Convention" (Congrès extraordinaire) means
a Special Convention of the Union of Taxation Employees.
"Union business authorised by UTE" (Affaires
syndicales autorisées
par le SEI) means union business provided for in the present By-laws
or any other union activities authorised by the President, or their designate
or the Executive Council.
"UTE" (SEI) means Union of Taxation Employees a component
of the Public Service Alliance of Canada.
"Vice Presidents" (Vice-Présidentes et Vice-Présidents) means the National 1st and 2nd Vice Presidents of the Union of Taxation
Employees Public Service Alliance of Canada.
In these By Laws, wherever the context indicates "masculine” it
shall be deemed to include "feminine". and "singular" shall
be deemed to include "plural".
• Recorded Vote #59. MOTION CARRIED.
Recommendation no. 31
Cosmetic changes to French By-Laws as follows :
By-Law 3, Article 1
By-Law 6, Article 4 (1) (a)
By-Law 6, Article 5 (1) (f) (iv)
By-Law 6, Article 6 (1) ©
By-Law 6, Article 6 (1) (f)
By-Law 9, Article 2 (4)
By-Law 10, Article 10
By-Law 10, Article 12
By-Law 11, Article 3 (5)
By-Law 11, Article 3 (13)
By-Law 14, Article 2
• Recorded Vote #60. MOTION CARRIED.
That the amendments to UTE Regulations in English be adopted.
Recommendation no. 32
REGULATION NO. 4
4.1 CONVENTION COMMITTEES
(1) At least ninety (90) calendar days prior to the opening date of
a Triennial National Convention, the Executive Council shall appoint
such committees as may be necessary for the conduct of the business
of the Convention.
(2) There shall be four (4) standing committees:
(a) By-laws;
(b) Finance;
(c) Collective Bargaining; and
(d) General
(3) Committee meetings shall normally be held in Ottawa at least
sixty (60) calendar days prior to the opening date of a Triennial
National Convention. Committee reports shall be provided to convention
delegates at least thirty (30) calendar days prior to convention.
• Recorded Vote #61. MOTION CARRIED.
Recommendation no. 33
REGULATION NO. 5
5.1 UNFINISHED CONVENTION BUSINESS
(1) All matters and resolutions not dealt with by the convention
shall be referred to the Executive Council.
(1)The Executive Council shall consider and act upon such all unfinished
business prior to the conclusion of the second regular meeting of
the Executive Council following the convention.
(2) The disposition of all convention matters and resolutions by
the Executive Council shall be published and shall include reasons
for all decision along with recorded votes on all decisions.
(3) Decisions, reasons for decisions and recorded votes shall be
distributed to all convention delegates.
• Recorded Vote #62. MOTION CARRIED.
Recommendation no. 34
REGULATION NO. 7
7.2 GUIDELINES FOR REGIONAL EDUCATION BUDGETS
(1) the regional education budget is divided equally among the ten
regions;
(2) for a regional to use their educational budget, it must be matched
dollar for dollar from their regional budget;
(3) the president may approve the use of the educational budget for
approved UTE courses;
NEW (4) Portions allocated to each region that are not used in a given
year shall be carried over to a subsequent year for that region until
the next UTE convention
(4) (5) Non-UTE educational courses shall need the approval of the
Executive Council. Once Council has approved a course it will be an
approved UTE course. Therefore only needing the approval of the president
in the future:
Staffing
Grievance Handling
Harassment
Appeals
OFL Return to work course
PSAC’s Duty to Accommodate
• Recorded Vote #63. MOTION CARRIED.
Recommendation no. 35
REGULATION NO. 9
9.1 DUTIES OF THE ALTERNATE REGIONAL VICE-PRESIDENTS
(1) The Alternate Regional Vice-Presidents:
(a) assumes the duties of the Regional Vice-Presidents in their temporary
absence or incapacity;
(b) assists or replace Regional Vice-Presidents on request;
(c) serves on committees when appointed;
(d) performs such services within the region as the Executive Council
may direct;
(e) provides representation on appeals as required;
(f) (e) may attend an Executive Council held at the same time as
a President’s
Conference once each year in the course of his or her mandate; and
(f) (new) submits to the National Office at least two weeks prior to
the executive council meetings a written report of their activities,
expenses incurred and other pertinent information according to a standard
format.
(g) performs other related duties as required.
• Recorded Vote #64. MOTION CARRIED.
Recommendation no. 36
10.2 STANDING BARGAINING COMMITTEE
10.2.1 Composition
(1) This committee is made up of:
(a) the Vice-President in charge of Collective Bargaining who is Chair
of the Committee;(b) the Regional Vice-President appointed by the Executive
Council who is the Co-chair of the committee;(c) two Local President
representatives, one representing Tax Services Offices and another
representing Tax Centers. These Local President representatives are
to be elected during a President’s
Conference. for the duration of that bargaining process.
Total Committee members 4.
• Recorded Vote #65. MOTION CARRIED.
Recommendation no. 37
10.2.2 Duties and Responsibilities
(1) The Committee:
(a) prepares the UTE Program of Demands and forwards them to the
PSAC National Bargaining Committee;
(b) ensures that initial demands from the PSAC National Bargaining
Committee include the demands from UTE and that the Committee returns
them to the Component within a reasonable time to be forwarded to
the Locals;
(c) receives and organizes the demands from Locals for the National
Bargaining Committee.
10.2.2 Duties and Responsibilities
(1) The committee:
(a) solicits, receives and organizes the demands from locals for
the National Bargaining Committee;
(b) prepares the UTE program of demands and forwards them to the
National Bargaining Committee;
• Recorded Vote #66. MOTION CARRIED.
Recommendation no. 38
13.8.2 Incidental Allowance
(1) Any member using commercial or institutional
accommodations (i.e.: Rigaud, Nav Can, a University) that provides
all meals will be entitled to an incidental allowance of $15.00 $
17.00 a day, excluding the days of travel. A full per diem will be
applicable on the days of travel.
• Recorded Vote #67. MOTION CARRIED.
Recommendation no. 39
13.8 GENERAL
13.8.1 Non-Commercial Accommodation Allowance
(1) The President or 1st National Vice President may approve the use of
non-commercial accommodation for authorized UTE business. If approved,
an allowance of $50.00 per day night will be paid.
(2) The use of non-commercial accommodations will not increase any other
expense that would be paid had the individual stayed at a commercial accommodation.
• Recorded Vote #68. MOTION CARRIED.
Recommendation no.40
13.9 GUIDELINES FOR EXPENSES
The following guidelines are developed to clarify UTE’s By-Laws’ and
Regulations with respect to the reimbursement of expenses. The following
By-Laws and Regulations were reviewed in the development of these Guidelines:
By-Law 8 (Duties of Officers)
By-Law 10 (Conventions)
By-Law 18 (Expenses)
Regulation 3 (Committees)
Regulation 8 (Duties of Regional Vice-Presidents)
Regulation 9 (Duties of alternate Regional Vice-Presidents)
Regulation 13 (Reimbursement of expenses)
Regulation 21 (Family care expenses)
Regulation 22 (Terms and conditions of the position of President)
These Guidelines are to cover expenses of individuals carrying out authorized
union business. Individuals are defined as the President, 1st Vice President,
2nd Vice President, Regional Vice-Presidents, Alternate Regional Vice-Presidents,
Committee members, staff and any other member on authorized Union business.
(1) Accommodations: Hotel expenses should be the most practical and
economical rates available for the applicable area of the country.
(2) Per Diem: Is set as per Regulation 13.2
(3) Ground Transportation: If traveling by airplane, train or bus, expenses
will be reimbursed at the cost of normal taxicab service. (Other means
of transportation are allowed if lower or equal to taxi cab.) For additional
costs prior approval must be received from the President or 1st National Vice-President.
(4) Travel by Automobile: The President or 1st National Vice-President
must approve the use of a personal vehicle. The use of a personal vehicle
will be reimbursed as per Regulation. The reimbursement of expenses for
the use of rental cars must have prior approval and must be done on a practical
and economic basis.
(5) Parking: Parking expenses will only be reimbursed when the use of an
automobile has been pre approved.
(6) Family Care: Family care will be reimbursed as per Regulation 21.
(7) Travel: All travel must be pre approved and the actual cost paid for
expenses will be reimbursed as per the By-Laws and Regulations.
(8) Miscellaneous General: All Miscellaneous expenses except tips must
be receipted.
(a) Phone calls: A reasonable amount of telephone calls will be reimbursed.
(b) Sick/Vacation: If on authorized union business and you work less
than 75 hours for CCRA in a given month. Thus causing a loss of vacation
and sick credits. UTE will reimburse you for this loss by the submitting
of a salary claim for the period, indicating loss of credits.
(c) Tips: A reasonable amount of tips will be reimbursed, example’s
include bell person at hotels, not included, tips at restaurants.
(9) Executive Council Miscellaneous:
(a) Laundry: Reasonable amounts can be expensed for laundry charges
for extended stays (7 days) or due to short times frames between trips
or if the expenses have been pre approved for exceptional situations.
(b) Brief Cases: A member of Executive Council is entitled to a briefcase
and replacement when necessary (approx. $150.00).
(c) Luggage: Executive Council is entitled to an appropriate set of
luggage at a pre approved reasonable price and to be replaced when
necessary.
(d) Telephone Accessories: As each member of council is given the use
of a cell phone, UTE will reimburse for approved cell phone accessories
(i.e. case, hands free etc.
(e) Computer Accessories: As each member of council is given the use
of a Laptop computer UTE will reimburse for approved computer accessories.
(i.e. printer ink, mouse, etc).
(f) General Office Supplies: As this is considered to be covered
by the Council members’ residence expense only pre approved
exceptional items will be reimbursed.
(g) Postage: The expense of regular stamps should come from the Council
members’ residence expense. Large postage items, parcels etc
can be reimbursed by attaching receipts to the expense claims. (i.e.
grievance files.)
(h) Day Off: As per Regulation 13.7
(i) Admin Day: Members of Executive Council except the President may
use an administration day to complete union work if approved by the
President or the 1st Vice-President.
(j) Residence Expense: Members of the Executive Council (excluding
the President) shall receive twice yearly a residence expense to be
paid in the months of June and December an amount of $100.00 per month.
• Recorded Vote #69. MOTION CARRIED.
Recommendation no. 41 (a)
REGULATION NO. 15
15.1 FUNDING FOR NON-UTE EVENTS POLICY
(1) UTE members, other than Executive Council or National Committee
members, attending a non UTE event may request funding for two (2)
of the following costs if they are not being reimbursed by any other
organization for the same costs, unless approved
by the President. and The cost for transportation will be the most economical means
for example seat sales, mileage:
(a) transportation;
(b) accommodation;
(c) per diem;
(d) lost wages; or
(e) registration fees.
(2) (a) The non UTE Union events must have prior approval of the
Executive Council for UTE members to qualify for funding;
(b) Between Executive Council meetings and under
extenuating circumstances Non UTE events may receive prior approval of the President and the
Vice President responsible for Finance. Such approval shall be reported
at the next Executive Council meeting. Such approval shall not unreasonably
be withheld.
(3) Once the event has prior approval of the Executive Council the
member may submit their request for funding directly to the President
for consideration.
(4) Members who receive UTE funding for such events are required shall to submit a report o the President within sixty (60) days of
the event. The report shall include the value of the event for themselves
and/or other UTE members and the topics covered.
m/s K. MacDonald/L. Cassidy
That the resolution be divided to deal with paragraph 2 separately.
MOTION TO DIVIDE CARRIED.
That paragraphs 1 and 4 be adopted (no amendment in 3).
• Recorded Vote #70. MOTION CARRIED.
Recommendation no. 41 (b)
That paragraph 2 be adopted.
• Recorded Vote #71. MOTION DEFEATED.
Recommendation no. 42
REGULATION NO. 17
17.1 COMPUTER LOAN POLICY
17.1.1 Policy
(1) UTE shall loan to any local part or all of the funds required purchasing
a computer and printer subject to the procedures outlined in 17.1.2 Regulation.
Recorded Vote #72. MOTION CARRIED.
Recommendation no. 43
REGULATION NO. 22
22.1 TERMS AND CONDITIONS OF THE POSITION OF PRESIDENT
22.1.4 Sick Leave
(1) The President shall earn sick leave credits at the rate of one
and one-quarter (1 ¼) days for each calendar month for which
pay is received for at least ten (10) days.
(2) The President shall be granted sick leave with pay when unable to perform
duties assigned because of illness or injury provided that the President
has the necessary sick leave credits. The President shall notify the 1st
Vice-President when utilizing such credits.
(3) If the President has insufficient credits to cover the granting of
sick leave with pay under the provisions of this section, sick leave with
pay may, at the discretion of the Executive Committee, be granted up to
twenty-five (25) days. The granting of more than twenty-five (25) days
advanced sick leave to the President must be approved by the Executive
Council before sick leave is granted.
(4) Subject to Regulation 22.1.4(5) below, when the President is unable
to perform assigned duties because of illness or injury and such illness
or injury prevents the President from attending the Convention and seeking
re-election, that person shall be entitled to be granted sick leave to
the limitation of earned sick leave credits or for the duration of the
illness whichever is less provided the Executive Council is satisfied that
the President is unable to work due to illness or injury.
(5) In a case referred to in Regulation 22.1.4(3) above, if the President
is eligible to receive benefits from Disability Insurance, an application
must be made for such benefits and UTE must be paid any amount received
from Disability Insurance for the period between the date of the termination
of office and the date of the termination of sick leave with pay.
(6) If the President dies or otherwise ceases to be employed, for
reasons other than disciplinary, the President or the estate shall, in lieu
of earned sick leave with pay, be paid an amount equal to the product
obtained by multiplying the number of days of earned but unused sick
leave by the applicable daily rate of pay as a CCRA employee immediately
prior to the President being elected. All pay out of sick leave must
be completed at the end of each three (3) year term of office.
• Recorded Vote #73. MOTION CARRIED.
Recommendation no. 44
REGULATION NO. 22
22.1.6 Other Types of Leave
(1) The President shall be entitled to other types of leave with or without
pay on the same bases to those leave provisions in the CCRA/PSAC collective
agreement.
(2) In order to utilize the leave provisions the President shall notify
the 1st National Vice President.
22.1.10 Other Benefits
(1) UTE shall pay the employer’s portion of all Federal public
Service benefit plans for which the President becomes liable in order
to maintain the plans in force while on leave without pay from the
Federal Public Service.
(2) The president is entitled to all other benefits on the same terms and
conditions as those enjoyed by the Executive Assistant with the exception
of those types of plans discussed in Regulation 22.1.10(1) above.
• Recorded Vote #74. MOTION CARRIED.
Recommendation no. 45
That the French Regulations be adopted.
• 2.1.2(1) 7.1(3) 7.2(2) 8.1(2)(a);(k);(l);(n) 10.3.2(1)(a);(b)
• 15.1(2)(b) 16.1.1(6) 19.1.1 22.1.2(1)(c) 22.1.4(2)
• 24.1.1(2) 24.3(1) 24.5.1(1) 26.1.1(4); (6) 26.2(2)(d)
• 26.3.2(2) 26.4(1)(6)(c) 26.5(1) 28.1.1(1)
• Recorded Vote #75. MOTION CARRIED.
Recommendation no. 46
PSAC CONSTITUTION; PSAC REGIONAL CONVENTIONS
Whereas the PSAC does not currently fully fund all delegates to their
respective PSAC Regional Conventions; and
Whereas many potential delegates are prohibited from participating due
to high costs, especially those who live outside of the geographical area
in which their Convention is being held; and
Whereas Alliance Executive Officers are elected at these Conventions and
the voice of all members, through their delegates, should be assured in
all electoral processes.
Be It Resolved that the PSAC fully fund all delegates to their respective
PSAC Regional Conventions.
• Recorded Vote #76. MOTION CARRIED.
Recommendation no.47
PSAC CONSTITUTION - PSAC REGIONAL CONVENTIONS
Whereas representation by population is a basic union principle and tenet;
and
Whereas delegate entitlement to PSAC Regional Conventions is not currently
based on representation by population in all PSAC regions.
Be it resolved that Sub-section 16(4) of the PSAC constitution be amended
so that representation at PSAC Triennial Regional Conventions be as follows:
that each Component or Direct Chartered Local be entitled to one (1) delegate
up to the 400 first four hundred (400) members and one (1) additional delegate
for each additional four hundred (400) members or any part thereof fully
funded to attend their respective PSAC Triennial Regional Convention.
• Recorded Vote #77. MOTION CARRIED.
m/s S. Khayat/C. Aylward
That the report of the By-Laws Committee be adopted as a whole.
• Recorded Vote #78. MOTION CARRIED.
11 m) REPORT OF THE AD HOC POLITICAL INFORMATION COMMITTEE (Appendix
S)
m/s N. Stein/D. Gee
That the report of the Ad Hoc Political Information Committee be adopted.
m/s N. Stein/D. Gee
Recommendation no. 1
Be it resolved that UTE Executive Council submit a resolution to the UTE
Convention in 2005 to request a UTE standing committee on Political Action.
Rationale – It is apparent to the Committee that lobbying of politicians
at all levels is fast becoming a priority to not just UTE, but Unions
in general. This was apparent during the recent round of bargaining and
it will be necessary for such areas as job security and classification.
Be it Resolved that Regulation 3.1(1) be amended as follows:
There shall be thirteen (13) standing committees:
Bargaining, By-Laws, Staffing, Technological Changes, Health & Safety,
Equal Opportunities, Employees Assistance Program, Finance, Honours
and Awards, Workforce Adjustment, Harassment, Communications and Political
Action.
• Recorded Vote #79. MOTION CARRIED.
Recommendation no. 2
Be it resolved that a module on political action/lobbying be developed
and made part of the new UTE Local Training course.
Rationale – We can not expect activists to be part of the lobbying
process without minimal training.
• Recorded Vote #80. MOTION CARRIED.
That the report be adopted as a whole.
• Recorded Vote #81. MOTION CARRIED.
15. CONVENTION REGISTRATION FEE
m/s B. Campbell/P. Abbott
Be it Resolved that the Executive Council establishes the Registration
Fee for the 2005 Triennial Convention at $50.00.
• Recorded Vote #82. MOTION CARRIED.
16. TERMS OF REFERENCE OF CONVENTION COMMITTEES
m/s B. Campbell/P. Abbott
- The Committees will recommend concurrence
or non-concurrence, to the delegates of all resolutions placed before
them.
- The Committee shall not themselves originate or include in their
report any new resolutions.
- Each Committee shall produce a written report.
- All decisions of the Committees shall be by majority vote, with
the chairperson having a deciding vote in case of a tie.
- The Committees may recommend the combination of two of more
similar resolutions into one resolution, and shall themselves produce
the recommended wording of the composite resolution.
- The Committees may recommend that one or two or more similar resolutions,
be concurred in, and the others voided on the grounds that their
full intent is embodied in the recommended resolutions.
- The Committees may recommend the separation of resolutions into
two or more resolutions, and shall themselves produce such divided
resolutions.
- The Committees shall not, in any combination, separation, rewording
of resolutions, or production of composite or divided resolutions,
in any way change, diminish or expand the full intent and thrust
of the original resolutions so affected. The Committees shall clearly
identify all original resolutions that have been combined, divided
or embodied in resolutions.
- The normal referral of any proposed changes to resolutions to
the originating Local, for their views, can be affected through liaison
with members on other Committees, since all Locals are represented.
- When a resolution affects the work of another Committee, immediate
liaison should be established with the other Committee to advise
accordingly.
- Committee chairperson will present to convention, resolutions
in order of priority as concurred in by Committee members.
• Recorded Vote #83. MOTION CARRIED.
17. DELEGATES TO CONVENTION COMMITTEES
M/S B. Campbell S. Bergeron
Be it resolved that the delegates be appointed to Convention Committees
as indicated in the attachment.
See attachment.
• Recorded Vote #84. MOTION CARRIED.
18. CONVENTION COMMITTEES
m/s B. Campbell P. Abbott
Be it resolved that the Executive Council appoint the following members
to Convention Committees.
| By-Laws |
General |
Chris Aylward – Chair
Sabri Khayat
Diana Gee
Michelle Tranchemontagne
Pierrette Labrie
|
Linda Cassidy – Chair
Terry Dupuis
Marcel Bertrand
Lina Ruel
|
| |
| Finance |
Bargaining |
Bob Campbell – Chair
Kent MacDonald
Pamela Abbott
Lyson Paquette
Donna Nitz
Stephanie Wolff |
Denis Lalancette – Chair
Nick Stein
Shawn Bergeron
Pierre Mulvihill
|
| |
Credentials
Shawn Bergeron
Diana Gee |
| |
Nominations Committee
Dave Flinn – Chair / président
Gilles Bélanger
John Rumsby |
• Recorded Vote #85. MOTION CARRIED.
39. FUNDING DELEGATES TO PSAC CONVENTIONS
m/s N. Stein/S. Bergeron
Whereas, many other components are fully funding delegates to PSAC regional
conventions and;
Whereas, it would be beneficial for UTE to have its full delegate status
at these conventions;
Be it resolved that UTE partially fund locals for their delegates to PSAC
regional conventions and;
Be it further resolved that this funding be based on paying for one of
the following costs: travel, hotel, per diems or loss of salary.
• Recorded Vote #86. MOTION CARRIED.
31. POLITICAL ACTION CAMPAIGN – PRESS KIT
m/s L. Cassidy/N. Stein
Be it resolved that UTE develop a political action campaign surrounding
the recent announcements under expenditure review for the CRA; and
Be it further resolved that the development of a Political Action Campaign
include a “ Press Kit” and information package to be utilized
by local executives and council members when contacting MP’s, MLA’s,
MPPs and local municipal officials.
• Recorded Vote #87. MOTION CARRIED.
32. COMMUNICATIONS STRATEGY
m/s L. Cassidy/K. MacDonald
Be it resolved that UTE Develop a Communications Strategy aimed at educating
the public and the media on the loss of CRA jobs which have provided valuable
services to the Public.
Be it further resolved that the Communications strategy be developed with
the intention of beginning this campaign no later than April 1st, 2005
• Recorded Vote #88. MOTION CARRIED.
12. ADOPTION OF FINANCIAL STATEMENTS (Appendix S)
m/s B. Campbell/P. Abbott
That the financial statements of January 31, 2005 be adopted.
• Recorded Vote #89. MOTION CARRIED.
13. EXPENSE CLAIMS OVER 90 DAYS
None at this time.
14. COLLECTIVE BARGAINING
A discussion took place.
19. AMENDMENT TO REGULATION 23
m/s T. Dupuis/S. Bergeron
Be it Resolved that 23.1.1(4) be amended to read that each year UTE will
award two (2) scholarships for the four (4) week course and four (4) regional
scholarships for the one (1) week course.
• Recorded Vote #90. MOTION DEFEATED.
20. AMENDMENT TO REGULATION 28
m/s T. Dupuis/L. Cassidy
Withdrawn by the mover.
21. ALBERTA FEDERATION OF LABOUR KIDS CAMP
m/s T. Dupuis/D. Gee
Whereas it is important that children learn the importance of unions as
they will be our future leaders.
Be it resolved that National Union of Taxation Employees fund the registration
of one child of a member of Local 30025 to attend the Alberta Federation
of Labour Kids Camp in August 2005; and
Be it further resolved that if that funding is not required for a Local
30025 member, then the registration fee of $250.00 be donated to the Alberta
Federation of Labour to sponsor a child who is on their waiting list that
can only attend if sponsored by someone.
• Recorded Vote #91. MOTION CARRIED.
(continuation of item 11 l) REPORT OF THE BARGAINING COMMITTEE (Appendix
R)
m/s C. Aylward/T. Dupuis
That the amended Policy Paper on Bargaining be referred back to the committee
with instructions to bring back a recommendation that the Policy Paper
be referred to a convention committee for debate.
MOTION TO REFER CARRIED.
The Committee recommend that the Policy Paper be referred to a Convention
Committee for debate.
• Recorded Vote #92. MOTION CARRIED.
PSAC REGULATION 15 (Referral)
Whereas several members and Locals have complained about the length of
the ratification process; and
Whereas this long period reduces members’ interaction momentum
and the activism of Locals; and
Whereas this ends up not reflecting the reality of members’ needs
versus the employer’s offers; and
Whereas most articles in the tentative agreement are in both official languages.
Be it resolved that the UTE request that the PSAC amend its Regulation
15 such that the ratification vote process for the CRA and other employers
not belonging to the Treasury Board, who request it, and the announcing
of the results be completed no later than 30 days following the date of
the tentative agreement.
• Recorded Vote #93. MOTION CARRIED.
That the report as a whole be adopted.
• Recorded Vote #94. MOTION CARRIED.
22. UTE MEMBERS NOT PROPERLY CLASSIFIED
m/s B. Campbell/D. Gee
Whereas the majority of the members of UTE have not had their jobs properly
classified.
Be it Resolved that the UTE National Staffing Committee be assigned the
task of coming up with ways and means to force the CCRA to implement a
proper classification system; and
Be it further Resolved that this plan be presented to the Executive Council
by September 2005.
• Recorded Vote #95. MOTION CARRIED.
23. SPONSORSHIP TO WEXFORD PYTHONS U-9
m/s D. Gee/N. Stein
Be it resolved that UTE provide sponsorship in the amount of $1000.00
to the Wexford Pythons Soccer Team for the 2005 season.
m/s B. Campbell/T. Dupuis
That this resolution be amended to read $500.00.
Point of order - M. Bertrand
Brother Campbell is changing the intent of the resolution that stipulates
a donation of $1000.00.
President Bannon explained that the amendment was in order. Brother Bertrand
argued that the amendment was changing the intent of the resolution.
Point of order – K. MacDonald
If Brother Bertrand does not agree with the ruling of the Chair he should
appeal of the ruling.
The point of order was well received by the Chair.
Brother Bertrand did not wish to appeal the ruling of the Chair.
MOTION TO AMEND DEFEATED.
• Recorded Vote #96. MOTION CARRIED.
24. MUSCULAR DYSTROPHY - JONQUIERE
m/s D. Lalancette/D. Gee
Whereas the Muscular Dystrophy Association has only one regional office
in all of Quebec and this office is in Jonquière for the Saguenay
Lac St-Jean region; and
Whereas this office exists because this region’s population has
the highest incidence in the world of some forms of hereditary muscular
dystrophy.
Be it resolved that the UTE donate to the regional muscular dystrophy
office in the amount of $600.00.
• Recorded Vote #97. MOTION CARRIED.
25. ST. CATHARINES JET SOCCER.
m/s N. Stein/D. Gee
Whereas St.Catharines Jets Soccer is the only soccer league in the Niagara
Region strictly for females from 3 to adult, and they work to ensure that
players are showcased for scholarship opportunities; and
Whereas UTE looks to promote itself and sponsorship with St. Catharines
Jets guarantees the logo and name of UTE on each shirt for the team sponsored
along with the name included in the weekly results posted in the local
newspaper; and
Whereas UTE members are involved in the league either by registering their
daughter(s) and/or acting as coaches.
Be it resolved that UTE sponsor a team in this organization for $300.
• Recorded Vote #98. MOTION CARRIED.
26. SPONSORSHIP TO ONE YOUTH FROM SAINT JOHN
m/s B. Campbell/T. Dupuis
Whereas The Union of Taxation Employees has been very helpful with many
social causes.
From Saint John New Brunswick from August 6th to 14th a team of twelve
teens (age 13 to grade 12) and five youth leaders will be traveling to
assist in several programs connected with Center for Student Missions established
work with the homeless and the urban poor.
The youth will go to Missions
Chicago and learn and work Preparing and running a day youth group
for approximately 80 children (4 – 12 years
old) from homeless or urban poor families at the Cornerstone community
outreach, they will also help out at soup kitchens clothing depots
and handing out lunches and/ or water.
This learning experience will be put to use on there return to Saint John
in helping out at local events.
The organization is looking for sponsorships of these children.
Be it resolved that The Union of Taxation Employees sponsor one youth
(Kyle Maher) in the amount of $300.00 to help cover the cost of transportation
and meals.
• Recorded Vote #99. MOTION CARRIED.
27. CANE REQUEST FOR FUNDS
m/s T. Dupuis/C. Aylward
Be it resolved that The Ute Component donate $200.00 to the Saskatoon
Local Cane Committee to help in their costs to travel to Batoche to tour
the Historical Park.
• Recorded Vote #100. MOTION CARRIED.
28. DONATION/SPONSORSHIP – DENIS WIENS
m/s T. Dupuis/L. Cassidy
Be it resolved that we sponsor Denis Wiens in the amount of $910 to participate
in the World Masters Games to be held in Edmonton.
m/s K. MacDonald/S. Bergeron
That the resolution be amended to read $ 250.00
MOTION TO AMEND CARRIED.
• Recorded Vote #101. MOTION CARRIED.
29. DONATION – SHADY ZEKRY
m/s C. Aylward/T. Dupuis
Whereas Shady Zekry, an UTE activist with local 70010, is running a marathon
in Iceland in August 2005 to help fight Diabetes; and
Whereas the cost of participating in this event is $3000.00.
Be It Resolved that UTE donate $500.00 to Shady Zekry to assist with the
cost; and
Be it Further Resolved that UTE donate $500 to the Canadian Diabetes Association
as a sponsor of Shady Zekry.
m/s B. Campbell/S. Khayat
That the resolution be divided.
MOTION TO DIVIDE DEFEATED.
• Recorded Vote #102. MOTION CARRIED.
30. DONATION – ROXANNE FRASER
m/s M. Bertrand/S. Khayat
Whereas UTE wants to increase its visibility with the Canadian population;
and
Whereas Roxanne Fraser is a top badminton player at the provincial, national
and international levels. (See press kit);
Be it resolved that UTE grant an amount of $900 to Roxanne Fraser from
Shawinigan-South to support her in the practice of competition badminton
for the 2005 season.
• Recorded Vote #103. MOTION CARRIED.
The meeting recessed at 5:00 p.m.
SUNDAY, MARCH 13, 2005
MORNING SESSION
The meeting was called to order at 9:00 hours with President Bannon in
the chair.
Sister Abbott served notice to amend the agenda.
Point of privilege - S. Bergeron
The brother thanked the Council on behalf of the Cosmopolitan Learning
Center for the money donated in December to buy computers.
Point of privilege - D. Lalancette
The brother stated that he would be leaving at 10:30 because of his flight.
The point of privilege was well taken by the Chair.
(Continuation of item) REPORT OF THE REGIONAL VICE-PRESIDENTS (Appendix
E)
m/s S. Bergeron/S. Khayat
That the report of Brother Esslinger, Alternate RVP for the Prairies region
be adopted.
That the activity report of the Regional Vice-Presidents be adopted.
• Recorded Vote #104. MOTION CARRIED.
(continuation of item 11 b) REPORT OF THE BY-LAW COMMITTEE (Appendix
H)
m/s C. Aylward/S. Khayat
Recommendation no. 23 (Referral)
BY LAW 10
CONVENTIONS
Section 5
For the purpose of representation at a Convention, each Local shall:
(1) be entitled to one (1) delegate with full voting rights for each block
of two hundred (200) members in good standing or fraction of this number
during the calendar year preceding the Convention taking into account the
month during which the number of members has been the highest in
UTE. Every
delegate must shall be a member in good standing of
the local.
(2) for the purpose of replacing delegates at Convention, submit to the
National Office the name and ranking of the alternate delegates. Every
alternate delegate shall be a member in good standing.
That the By-Law be amended to keep: of the local in ‘’1’’ and
to add it in ‘’2’’.
(1) be entitled to one (1) delegate with full voting rights for each block
of two hundred (200) members in good standing or fraction of this number
during the calendar year preceding the Convention taking into account the
month during which the number of members has been the highest in
UTE. Every
delegate must shall be a member in good standing of
the local.
(2) for the purpose of replacing delegates at Convention, submit to the
National Office the name and ranking of the alternate delegates. Every
alternate delegate shall be a member in good standing of the local.
• Recorded Vote #105. MOTION CARRIED.
33. PRESIDENT’S REPORT – COUNCIL MEETINGS
m/s L. Cassidy/C. Aylward
Whereas the activity report of the President includes only the Presidents
travel schedule; and
Whereas there are meetings and briefings held on an ongoing basis when
the President is unable to attend and other staff or council members are
sent to the presentations; and
Whereas the Presidents report is a means of informing council and the
membership of recent events and activities that have transpired.
Be it resolved that the Presidents report be expanded to include a listing
of the meetings and/or briefings held by the CRA where the President and/or
their representative were in attendance and that a brief synopsis of each
meeting/briefing be included outlining the topic and the unions position.
• Recorded Vote #106. MOTION CARRIED.
34. EMPLOYMENT SYSTEMS REVIEW MODULE
m/s P. Abbott/S. Bergeron
The Chair ruled the resolution out of order because this was not a course
as per Regulation.
35. ADOPTION OF THE WORKING GROUP REPORT FOR UMI
m/s L. Cassidy/T. Dupuis
Whereas UTE as an Organization has a set policy regarding our participation
in ADR; and
Whereas during the 2002 round of collective bargaining an MOU was signed
by union and management agreeing to investigate the use of AUMI to replace
ADR; and
Whereas the National Working group presented their recommendations to
the employer representatives in Sept, 2003; and
Whereas the recommendations have never been discussed nor presented to
council; and
Whereas the Atlantic and Quebec are already participating in an AUMI process;
and
Whereas the new Commissioner appears to be more supportive of union management
relations; and
Be it resolved that UTE approve the recommendations as outlined in the
Working group report for UMI dated April 8, 2003.
m/s D. Lalancette/S. Khayat
That the resolution be referred to the National President to implement
the recommendations. The President would report back in her report in September
2005.
MOTION TO REFER CARRIED.
m/s P. Abbott/C. Aylward
That the PacificSport Boys U-16 field hockey team be added to the agenda
under new business as item 43.
MOTION CARRIED.
Point of privilege – S. Khayat
I feel attacked on my right to vote, because of the attitude of one of
the members of the executive council and this is not acceptable. Everybody
has the right to vote as he or she feels.
The point of privilege is well taken by the Chair.
36. ACCPAC LINE ITEM
m/s B. Campbell/P. Abbott
Whereas we will have to increase the AccPac Budget due to the fact that
the company never sent us the invoice from 2003 for the Lanpak software
which is $2,435.82. Also, we will have to have them come in to setup something
for the direct deposit portion in ACCPAC
Be It resolved that the ACCPAC line item be approved for overspending
for the year 2005.
• Recorded Vote #107. MOTION CARRIED.
37. MEDIA CONTACTS
m/s K. MacDonald/L. Cassidy
That this resolution be withdrawn.
MOTION TO WITHDRAW CARRIED.
38. SPONSORSHIP WINDSOR
m/s N. Stein/T. Dupuis
Whereas the UTE sponsorship in 2003 of two (2) men’s bowling team
has proven to be successful by raising the awareness of UTE in Windsor;
Be it resolved that UTE again purchase 15 shirts with the total cost not
to exceed $750 to sponsor these same two (2) teams.
• Recorded Vote #108. MOTION CARRIED.
40. SPONSORSHIP SASKATOON TIGER BASEBALL TEAM
m/s T. Dupuis/
That this resolution be withdrawn.
MOTION TO WITHDRAW CARRIED.
41. TERMS AND INDETERMINATE EMPLOYEES
m/s S. Bergeron/
That this resolution be withdrawn.
MOTION TO WITHDRAW CARRIED.
42. DONATION CALGARY CANE
m/s/ T. Dupuis/M. Bertrand
Be it Resolved that UTE donate $1000.00 to the Calgary CANE committee
for Casey Eagle Speaker and other CANE mandated events and speakers.
m/s T. Dupuis/N. Stein
That the resolution be amended to read $350.00.
MOTION TO AMEND CARRIED.
• Recorded Vote #109. MOTION CARRIED.
Point of privilege - D. Lalancette
The brother apologized for the fact that he did not respect the instructions
to book his flight for the afternoon.
The point of privilege was well taken by the Chair.
43. PACIFICSPORT BOYS U-16 HOCKEY TEAM
m/s/ P. Abbott/S. Bergeron
Be it resolved that the UTE provide sponsorship in the amount of $500.00
for the Pacific Sport Boys under 16 Field Hockey Team for the year 2005.
• Recorded Vote #110. MOTION CARRIED.
ITEM FROM THE PRESIDENTS’ CONFERENCE
1. UTE FUNDED CHILD CARE
m/s C. Aylward/T. Dupuis
Whereas many of our union activists are single parents and obtaining childcare
can be difficult; and
Whereas single parents can be prohibited from attending UTE functions
due to childcare; and
Whereas UTE would truly be inclusive in providing for this arrangement.
Be it resolved that UTE do a feasibility study on providing onsite childcare
for all of its Regional and National Conferences and Conventions.
Be it further resolved that this study and recommendations be provided
at the September 2005 President’s Council.
• Recorded Vote #111. MOTION CARRIED.
OPEN DISCUSSION
The Council members discussed the remaining items.
The meeting adjourned at 12:00 noon.
__________________
Betty Bannon
National President |
__________________
Bob Campbell
First National Vice-President |
Recorded Votes
|
