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President’s Report
Executive Council
March 2005

Betty Bannon - Item 6

As you aware, starting in December my priorities for all of January and part of February had primarily to do with staff issues and the fall out surrounding the resignation of one of our staff. We are currently identifying all software and hardware inventory, as well as, what will be required in the near future and preparing for another IT Audit by an outside consultant. Some of our systems are outdated and coming to the end of their life span and will not be eligible for updating in the fall. Once the audit has been completed, I will be consulting with the Finance Committee in order to present to Council a detailed document outlining our needs and cost analysis on any recommendations of the consultant. We may have to make an adjustment to the budgeted line item. I will also be looking at and consulting with the Executive Committee regarding the IT Officer position and our options surrounding this topic. In the mean time, Susan Duncan, our Website/Communications Officer is looking after our IT needs on an Acting basis and we have brought in PSAC IT persons, when required.

We also have an employee retiring in May but taking the balance of his leave in April. As this is his last Council meeting I would like to take this opportunity to publicly thank Mike Lefebvre for all of his support and work since he came to us in August 1999. Mike had a vast array of knowledge but very little union exposure when he arrived. However, it didn’t take him long to determine who “us” and “them” were. I know that he doesn’t want any fanfare so I’ll just end with THANK YOU MIKE!

As I advised earlier, Shane O’Brien will be Acting as the Executive Assistant to the National President until convention. The position will be filled immediately after our convention. I thought it inappropriate for the position to be filled until after the elections.

Meeting with the Commissioner:

I met with the new Commissioner on January 13th, his 9th day on the job. Some of the topics I raised with him were:

• National UMCs and his participation
• His possible involvement in the Collective Bargaining process
• Having a management representative on the Team who spoke for the Commissioner, including decision making ability
• Making sure his Team had a “real” mandate to conclude an agreement
• UMI
• ACS
• Staffing: Terms, Competencies, the feeling that our input is being ignored

Although some of the topics were new to him and he had little or no knowledge of them he committed to me that he would have himself briefed specifically on UMI and ACS. I am aware that subsequent to our meeting he spoke with Linda Cassidy, RVP Atlantic and Bob Russell, AC Atlantic on UMI. On the staffing issue of Competencies he arranged a meeting for myself and other Bargaining Agent representatives with the Advisory Committee to HR on Staffing that was held March 1st.

2005 Government Budget:

Other than the extra dollars for Compliance in International Tax and Tobacco Excise there was nothing good in the budget for our members in the CRA. This is the first time that we will be hit hard by a government budget with downsizing, restructuring etc. that will entail job losses even after the WFAA is applied. Based on the information that we have been provided I believe that this will mean 1200 to 1300 determinate (Term) positions and ~400 indeterminate (Permanent) positions. I expect that this will certainly be a topic for discussion and action planning during this Council meeting and/or the Presidents Conference. I supplied the Council members with all of the budget information that was made available to me and a Bulletin to the members was released the day after the budget briefing with the PSAC and the CRA. It is clear to me that we need to fight these job losses on three fronts: the members themselves, the public and the politicians.

2005 Convention Saint John:

Things continue to move along in the organizing for the Triennial Convention. Bob is getting his supply ready to order for “Bob’s Boutique”, hotel arrangements are being finalized for suites and such and the deadlines for resolutions and names is fast approaching. I cannot stress enough the importance of everyone to adhere to the deadlines, in particular in submitting the names of the participants. Failure to do so may result in loss of delegate or observer status for a local. It also causes substantial more work for Pierrette in her preparation work and her dealings with the hotels, for absolutely no reason. This has occurred for the Convention Committees. I plan on taking a very hard line as to the deadline for the names of the observers and delegates. Once the deadline of April 12th has gone by I propose that we not accept any further names for delegates or observers. Names may be changed but none will be added. I don’t see any reason why a local will not have their names by April 12th. So if the Council agrees, please advise your locals accordingly. If approved, I will also let it be known at the Presidents Conference. To protect the locals they should also name each of their Observers as Alternates and rank them for us from Alternate one (1) to Alternate ______. This helps us when a delegate has to be replaced by ensuring that they are replaced with the appropriate Alternate, before, during and after the convention in the event of votes. Locals should also be reminded that once a delegate is replaced, they are replaced for the duration of the Convention business.

Later, on the agenda I will be proposing the make up of the following Committees:

By-laws
General
Finance
Bargaining
Council assignments to Committees
Credentials
Nominations

Legal Actions:

Pension Theft:

Our claim was filed November 8, 1999 and with all of the legal arguments and roadblocks the Discovery stage was only completed in December 2004. A date for a hearing has finally been set for November 15, 2005, which is over 6 years since the original claim. The government should be ashamed.

Bad Faith Bargaining Charge:

As we all know the Bad Faith Bargaining Charges have no real teeth to them even if the employer is found guilty. However, we, as a union continue to file them. The Board’s approach to these charges is not only to rule on the charge but in the end, to get the parties back together to conclude an agreement. Now that brings us to the charge PSAC laid after the Government announced their restructuring, CRA cancelled the bargaining meetings that were scheduled for January 2004 and removed ACS from the table. I was contacted by Legal Counsel, PSAC and asked for my opinion on whether to continue with this charge or not since we had concluded a ratified collective agreement and that would impact greatly on the Board.

The hearings were adjourned last fall and the question was “is this complaint still alive” now. Based on the information provided to me and that the Board would probably find this charge “moot” and not even hear it, I agreed with the PSAC not to continue with this at the Board. It would entail enough manpower and hours to far exceed any beneficial results that could be achieved. That is “if”, the Board would hear it at all.

Interest on Pay Equity Payments:

The hearing for this case was finally scheduled for January 18th through to the 20th, 2005. At this time, it is too early to speculate as to when a decision might be issued by the Tax Court. Once a decision is issued, it may be appealed either by the union or the government.

Donations:

Non UTE Events:

See attached.

GRIEVANCES

Since our last Executive Council meeting, thirty-six (36) grievances, other than classification, were received at the National Office.

During the same period, thirty-four (34) grievances were presented dealing with a variety of issues, including: two (2) suspensions and four (4) terminations.

. Mediation refused by employer. Referred to PSSRB and waiting for formal hearing.

. First hearing held May 25, 2004, ongoing.

There are presently one hundred and sixty-seven (167) grievances in the National Office inventory, which have not yet been presented at the Final Level.

CLASSIFICATION GRIEVANCES

During this quarter, we received three (3) classification grievances.

APPEALS

During this period, one (1) appeal was received in the National Office where the Union of Taxation Employees was requested to provide representation.

INDEPENDENT THIRD PARTY REVIEWS (ITPR'S)

Since the beginning of 2005, only one ITPR has been received in the National office.

Currently, there are six (6) ITPRs remaining, which have not been presented to date. Hearing dates have been established for five (5) of these cases.

Five (5) cases were presented during this quarter, with one case being dismissed, two (2) cases are being continued and two (2) cases pending.

President’s Itinerary
Executive Council
March 2005

In Solidarity

Betty Bannon
National President, UTE

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