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Wednesday January 7, 2009
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Wednesday January 7, 2009
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MINUTES
OF THE EXECUTIVE COUNCIL
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| By-laws/Chair: | Chris Aylward Sabri Khayat |
| Health & Safety/Chair: | Chris Aylward Kent MacDonald |
| Technological Change/Chair: | Sabri Khayat Denis Lalancette |
| Staffing/Chair: | Linda Cassidy Pamela Abbott |
| Equal Opportunities/Chair: | Shawn Bergeron Terry Dupuis |
| Employees Assistance Program/ Chair: | Jerry Dee Linda Cassidy |
| Bargaining/Chair: |
Denis Lalancette Pamela Abbott |
| Honours & Awards/Chair: | Terry Dupuis Denis Lalancette Jerry Dee |
| Workforce Adjustment/Chair: | Nick Stein Marcel Bertrand |
| Harassment/Chair: | Marcel Bertrand Shawn Bergeron |
| Communications/Chair: | Bob Campbell Sabri Khayat |
| Finance/Chair: | Bob Campbell Kent MacDonald Pamela Abbott |
| Political Action/Chair: | Kent MacDonald Nick Stein |
• Recorded Vote #23. MOTION CARRIED.
m/s B. Campbell/S. Khayat
Be it resolved that we appoint Andrew Foreman from the firm Raymond Chabot Grant Thornton as auditor for fiscal year 2005.
• Recorded Vote #24. MOTION CARRIED.
m/s/ N. Stein/L. Cassidy
Whereas, Section 24 (7) of the PSAC Constitution is not being applied consistently across component lines; and
Whereas, UTE designated members paid their 25% as per the PSAC Constitution;
Be it resolved that the UTE National President request the following information at the October/05 PSAC Board of Directors meeting:
Number of designated members per bargaining unit,
Amount paid into the hardship per bargaining unit.
Be it further resolved that the PSAC supply this information to the NBoD no later than November 18/05.
• Recorded Vote #25. MOTION CARRIED.
m/s S. Bergeron/S. Khayat
Whereas there are approximately 90 UTE members working at the WTC for Compensation Delivery who wish to remain UTE.
Whereas the first of October they will be moving to their new worksite and reporting to the Regional Office, and therefore under the out-dated Nancy Riche decision they would then become CEUDA members.
Whereas the National President has precedent in assigning members to components.
Be it resolved that UTE formally request that the National PSAC President assign all employees working for Winnipeg Compensation to UTE, regardless of the work location.
Be it further resolved that UTE request that the decision be made prior to October 1st/05 the date they are to move to their new work location.
m/s L. Cassidy/T. Dupuis
MOTION TO DIVIDE CARRIED.
Be it resolved that UTE formally request that the National PSAC President assign all employees working for Winnipeg Compensation to UTE, regardless of the work location.
• Recorded Vote #26. MOTION CARRIED.
Be it further resolved that UTE request that the decision be made prior to October 1st/05 the date they are to move to their new work location.
• Recorded Vote #27. MOTION DEFEATED.
m/s M. Bertrand/S. Khayat
Be it Resolved that the PSAC Regional Health and Safety Conferences be adopted as a Non UTE Events.
• Recorded Vote #28. MOTION CARRIED.
m/s N. Stein/C. Aylward
Be it Resolved that the WSIB Level V Course on Medical Orientation be made a Non UTE Events.
• Recorded Vote #29. MOTION CARRIED.
m/s N. Stein/S. Bergeron
Be it Resolved that the OFL Disability Conference be made a Non UTE Events.
• Recorded Vote #30. MOTION CARRIED.
Motion withdrawn by the mover.
m/s J. Dee/C. Aylward
Be it Resolved that the OFL and Ontario Network of Injured Workers Groups Workers Compensation Conference be recognized as a Non UTE Events.
• Recorded Vote #31. MOTION CARRIED.
Motion withdrawn by the mover.
m/s C. Aylward/S. Khayat
That the report of the By-Laws Committee be adopted.
m/s C. Aylward/S. Khayat
That the two following recommendations be adopted.
Recommendation no. 1
REGULATION NO. 22
22.1 TERMS AND CONDITIONS FOR THE POSITION OF THE ELECTED PAID OFFICERS
(1) The purpose of this Regulation is to state the terms and conditions of the elected and full-time paid positions of the President and 1st Vice-President of UTE.
22.1.1 Tenure of Office
(1) The tenure of office for the officers shall be in accordance with the By-Laws.
22.1.2 Pay
(1) The Officers shall be remunerated as provided:
(a) The President:
Year One $92,000.00
Year Two $95,000.00
Year Three $98,000.00(b) The Vice-President:
Year One $75,000.00
Year Two $77,000.00
Year Three $79,000.00(2) Notwithstanding the above the incumbent, if re-elected to the previously held position, shall retain the increment level held before the election took place;
i) if the salary scale set by convention is less than the incumbents current year three, the incumbent will maintain the new year three salary; and
ii) if the salary scale were increased the incumbent would move to the appropriate salary level as approved by the Executive Committee.
(3) The Officers shall, in lieu of normal salary, receive strike pay in accordance with PSAC policy during periods when the UTE Membership is on a general strike.
22.1.3 Designated Paid Holidays
(1) The Officers shall be entitled to designated paid holidays on the same basis as the UTE Membership.
22.1.4 Sick Leave
(1) The Officers 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 Officers shall be granted sick leave with pay when unable to perform duties assigned because of illness or injury provided that the Officers have the necessary sick leave credits.
(i) the President shall notify the 1st Vice-President when utilizing such credits; and
(ii) the 1st Vice-President shall notify the President when utilizing such credits.(3) If an Officer 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 either Officers must be approved by the Executive Council before sick leave is granted.
(4) Subject to Regulation below, when either Officer is unable to perform assigned duties because of illness or injury and such illness or injury prevents the Officer 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 Officer is unable to work due to illness or injury.
(5) In a case referred to in Regulation above, if an Officer 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 an Officer dies or otherwise ceases to be employed, for reasons other than disciplinary, the Officer 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 Officer being elected. All pay out of sick leave must be completed at the end of each three (3) year term of office.
22.1.5 Vacation Leave with Pay
(1) For each calendar month in which an Officer earns at least ten (10) days’ pay, vacation credits with pay shall be earned at the rate:
(a) one and one‑quarter (1 1/4) days until the month in which the anniversary of his sixth (6) year of continuous employment occurs;
(b) one and two‑thirds (1 2/3) days commencing with the month in which his sixth (6) anniversary of continuous employment occurs;(c) two and one‑twelfth (2 1/12) days commencing with the month in which his fourteen (14th) anniversary of continuous employment occurs effective April 1, 1999.
(d) two and one-half (2 1/2) days commencing with the month in which his/her twenty-third (23rd) anniversary of continuous employment occurs.
(e) employment with CRA shall be used in the calculation of continuous employment for purposes of Section 1.
(2) In order to utilize this leave provision:
(i) the President shall notify the 1st Vice- President; and
(ii) the 1st Vice-President shall notify the President.(3) An Officer may carry over any vacation leave credits but not in excess of one year’s entitlement.
(4) If an Officer dies or ceases to be employed, the Officer or the estate shall, in lieu of earned vacation leave with pay, be paid an amount equal to the product obtained by multiplying the number of days earned but unused vacation leave by the daily rate of pay applicable immediately prior to the termination of employment.
22.1.6 Other Types of Leave
(1) An Officer shall be entitled to other types of leave with or without pay on the same bases to those leave provisions in the UTE/AEU collective agreement.
(2) In order to utilize the leave provisions:
(i) the President shall notify the 1st Vice President; and
(ii) the 1st Vice-President shall notify the President.22.1.7 Severance Pay
(1) Subject to Regulation below, when the employment of an Officer terminates for any reason other than removal from office under Section 25, sub-section 1 of the Constitution of the PSAC, there shall be an entitlement to one (1) week’s pay at the current rate of pay for each completed year of continuous employment in UTE, in respect of which severance pay has not been previously paid. Severance pay shall not exceed twenty-eight (28) weeks of pay.
(2) Severance pay entitlement determined in accordance with Regulation above shall be abated by the full amount of severance pay payable by the Public Service for the period of Public Service employment included in the total eligible service.
(3) Notwithstanding Regulation above, if an Officer who terminates employment with UTE returns to employment in the Public Service, the entitlement to severance pay shall be only for the period of continuous employment with UTE.
(4) If an Officer dies during the employment with UTE, there shall be paid to the estate an amount equal to the amount that Officer would have otherwise been entitled to at the time of termination of employment with UTE.
22.1.8 Travel Expenses
(1) The Officers are entitled to be reimbursed travel expenses as they apply to the other officers of the Executive Council.
22.1.9 Relocation Expenses
(1) The Officers are required to reside in the Greater Ottawa area.
(2) The purpose of this Regulation is to authorize UTE to reimburse those actual and reasonable expenses within the limits of the CCRA Relocation Directive save for any provisions in that directive which may provide for housing cost differential payments or mortgage interest cost differential payments incurred by the Officers, spouse and dependent members of the family in relocating from one place of residence to another, either at the time of election or at the time of termination of employment as a full-time Officer.
(3) A member who is elected as a full-time Officer shall be paid relocation expenses when at the time of election such member is residing outside of the Greater Ottawa Area and must move to the Greater Ottawa Area to comply with the requirement of this Regulation.
(4) When an Officer ceases to be employed as a full-time officer for any reason, except misconduct, such member shall be paid relocation expenses provided that such member;
(a) was residing outside the Greater Ottawa Area at the time of election; and
(b) does not accept other employment in the Greater Ottawa Area after the termination of employment as full-time elected officer; and
(c) applies for relocation expenses within six (6) months following the termination of employment as full-time elected officer.
(5) An Officer who ceases to be employed as full-time elected officer of UTE and who applies for and is entitled to relocation expenses shall be entitled to be reimbursed those actual and reasonable expenses not exceeding an amount equal to the relocation expenses from Ottawa to the former place of residence.
(6) If an Officer dies during the term of office, a spouse and/or dependants shall be entitled to be reimbursed relocation expenses subject to the same conditions specified in Regulation. Upon the request from the immediate family assistance may be paid for the transportation of the remains of the deceased officer to the former place of residence in accordance with the conditions specified in Regulation.
(7) An Officer, who is not entitled to relocation expenses under this Regulation, upon ceasing to be employed as a full time elected officer of UTE, may request reimbursement of reasonable relocation expenses to the Executive Committee. The Executive Committee may recommend to the Executive Council the payment of relocation expenses.
22.1.10 Other Benefits
(1) UTE shall pay the employer’s portion of all Federal Public Service benefit plans for which the Officer becomes liable in order to maintain the plans in force while on leave without pay from the Federal Public Service.
(2) The Officers are 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.
(3) The Officers shall be entitled to receive a bilingualism bonus on the same basis and under the same conditions that apply to all UTE employees.
(4) No additional benefits other than those described in this Regulation shall be granted to the Officers unless they are approved by the Executive Council prior to their implementation.
• Recorded Vote #32. MOTION CARRIED.
Recommendation no. 2
REGULATION NO. 2
2.1 CREATION OF NEW LOCALS
2.1.1 Minimum Number of Members
(1) New locals shall have a minimum of fifty (50) members.
(2) Notwithstanding the provision above, a new local with less than fifty (50) members may be created if the new locality is at least one hundred (100) kilometers from the existing local and it is not feasible to service the new local from the old local.
2.1.2 Voting Procedure
(1) Members who wish to form a new local shall advise the existing local of their intentions and provide a petition signed by twenty-five (25%) of the affected members supporting the formation of the new local before a formal vote is conducted;
(2) The members who wish to form a new local shall conduct a vote and provide evidence that the majority of the affected members agree to its formation;
(3) The Regional Vice President of the region shall be present to supervise the vote;
(4) The Regional Vice President shall confirm the validity of the vote to the Executive Council;
(5) The ballot shall clearly express the question on the formation of a new local
• Recorded Vote #33. MOTION CARRIED.
That the report as a whole be adopted.
• Recorded Vote #34. MOTION CARRIED.
m/s C. Aylward/K. MacDonald
That the report of the Health and Safety Committee be adopted.
• Recorded Vote #35. MOTION CARRIED.
The Council members discussed the items under this section.
The meeting recessed at 5:00 p.m.
The meeting was called to order at 9:00 hours with President Bannon in the chair.
m/s N. Stein/L. Cassidy
That the report of the ad hoc Political Information Committee be adopted.
• Recorded Vote #36. MOTION CARRIED.
m/s B. Campbell/D. Lalancette
That the expense claim over 90 days be adopted.
• Recorded Vote #37. MOTION CARRIED.
The Council members discussed the remaining items under this section.
That the following reports not be made available on the web. They will be sent electronically to the locals with the Council minutes.
Cumulative amount paid to national executive officers;
Outstanding advances as of August 31, 2005;
Outstanding advances over 90 days as of August 31, 2005;
Regional and Education Balances, September 8, 2005;
Detailed RVP Expense Sheet 2005
MOTION CARRIED ON A SHOW OF HANDS.
The meeting was called to order at 15:00 hours with President Bannon in the chair.
m/s K. MacDonald/S. Khayat
Be it resolved that the Collective Bargaining Committee undertake a thorough review of the 2003/2004 bargaining process, including strike activities of September and October 2004. This review should include, but not be limited to the following: (1) receipt of bargaining demands (in light of resolution 234); (2) prioritizing of demands; (3) composition/size of negotiating team; (4) strike activities; (5) full report by region/local of all disciplinary actions taken as a result of strike-breakers).
Be it further resolved that this report be completed and presented to the September 2006 Presidents’ Conference.
• Recorded Vote #38. MOTION CARRIED.
m/s L. Cassidy/P. Abbott
Be it resolved that the Union of Taxation Employees donate five thousand dollars ($5000.00) to the Canadian Red Cross Katrina Relief fund; and
Be it further resolved that the donation of five thousand dollars ($5000.00) to the Canadian Red Cross Katrina Relief Fund come from the unappropriated surplus; and
Be it further resolved that all UTE locals be encouraged to donate one hundred dollars ($100.00) to the same relief fund.
• Recorded Vote #39. MOTION DEFEATED FOR A LACK OF 2/3 MAJORITY.
m/s B. Campbell/K. MacDonald
That the agenda be amended to add the following item : International Children Awareness Organization
MOTION CARRIED.
That UTE National match the amount raised of $1083.64 at the Presidents’ Conference for the above organization.
m/s D. Lalancette/T. Dupuis
That UTE National donates two (2) times the amount that was donated by the participants at the Presidents’ Conference. The amount will be $2167.28.
MOTION OF AMENDMENT CARRIED.
• Recorded Vote #40. MOTION CARRIED UNANIMOUSLY.
The meeting adjourned at 3:40 p.m.
The following recommendations were moved by the Honours and Awards Committee at the Executive Council meeting of March 2005 with instructions to have these recorded votes posted in the September Council Minutes:
Be it resolved that Betty Bannon be awarded the UTE Life Membership; and
Be it further resolved that this award be presented to her at the 2005 UTE National Convention.
• Recorded Vote 36. CARRIED.
Be it resolved that Joy Harrison be presented with the Godfrey Coté Award; and
Be it further resolved that this award be presented to her at the 2005 UTE National Convention.
• Recorded Vote 37. CARRIED.
Be it resolved that Judy Anderson be presented with the Godfroy Coté Award; and
Be it further resolved that this award be presented to her at the September 2005 President’s Conference.
• Recorded Vote 38. CARRIED.
| __________________ Betty Bannon National President |
__________________ Bob Campbell First National Vice-President |
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