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MINUTES OF THE PRESIDENTS’ CONFERENCE
October 21-23, 2004

THURSDAY, OCTOBER 21, 2004
AFTERNOON SESSION

CALL TO ORDER
(Delegates & Observers)

The meeting was called to order at 1:15 pm. Betty Bannon, President of the Union of Taxation Employees presided. All members of the Executive Council were in attendance.

It was decided by the majority to open all Presidents’ Conferences’ from now on, with the union song Solidarity Forever.

President Bannon asked the participants for a moment of silence for our members who have deceased since last year.

Point of privilege – Brunette from Montérégie

Brother Denis Brunette asked his Brothers and Sisters to bring down any toiletries from their room to be given to a charitable organization.

The point was well taken by the President.

Point of privilege – Crupi from Thunder Bay

Brother Crupi announced that on September 12th his local lost a great activist from Thunder Bay in the name of Sister Elizabeth Helen Menuz. She was a dear friend to a lot of people and a great activist. The night she died she was talking on the phone with her strike captain. She held many union positions locally, regionally and nationally. He thanked those who have sent emails, cards and donations.

The point of privilege was well taken by the President.


President Bannon advised all participants that Marcel Bertrand, Diana Gee, David Quist and Lyson Paquette were appointed Harassment Complaint(s) Administrators for the duration of this Conference and that any harassment issues during the conference should to be addressed to them. Brother Doug Gaetz will be acting as our CPR trainer if need be and if anybody would like to see their name added to the list as CPR trainer, they should give their name to Sister Labrie.

President Bannon read part of a thank you letter that she received from Jessica Alleva, who attended the Global Young Leaders Conference in Washington D.C. and New York City with the financial support of UTE. Sister Alleva said that the UTE’s support made this once in a lifetime opportunity a reality for her.

President Bannon then asked the Local Presidents to introduce themselves. She then introduced the Executive Council members, the Labour Relations Officers, and her Executive and Administrative Assistants. (See attached list of participants Delegates & Observers)

She also recognized Brother Dave Flinn past National President and she introduced two guests from the PSAC Sister Sarah Belanger and Brother Steve Jelly.

OPENING REMARKS

President Bannon welcomed everyone to the September Presidents’ Conference that we were finally able to hold. She talked about the tentative agreement saying that although it was not what we hoped for, the team should be commended for their tireless and unselfish commitment that they gave throughout the process. She gave special congratulations to the members in the Cash section, Mailroom, Client Services and Call Centres who carried the weight of the rest of the membership during the strategic actions without hesitation. She mentioned that it was safe to say that no one was happy about the latest tentative agreement and that it was a very hard decision for the negotiating team to come to an agreement and to put this out to the members for a vote. The vote will take place from November 19th to December 8th with the results being announced on December 9th. She mentioned also that in the next few days there would be a lot of discussion regarding the strike and the tentative agreement. She expected that everyone would have their chance at a microphone and as usual the discussion would remain professional and respectful to everyone. Sister Bannon concluded by saying that early on in the process she resigned herself to the fact that whatever decisions she would make in regard to the strike, she would be in trouble with someone and that she also learned that humans were only given hindsight to make them mad.

HOURS OF SESSION

M/S/C Doug Gaetz/Jean-Pierre Bonin

That the hours of session be as follows:

Thursday: 1:15 to 5:00
Friday: 0900 to 11:45; 1:15 to 5:00;
Saturday: 0900 to 11:45; 1:15 to 5:00.

MOTION CARRIED.

ADOPTION OF AGENDA

(See attached Agenda and Items submitted by the Local Presidents)

M/S/C Jacques Lafontaine/Barb Stewart

That the agenda be adopted as circulated with the following additions from the floor.

• UTE/CEUDA Membership – Halifax
• Transfer Membership to 70000 – St.John’s TSO
• President’s Letter re. CEUDA/UTE – Surrey
• Leave without pay - Surrey
• Membership List – Burnaby Fraser
• Sustainable Development – Greater Toronto
• Pilot Project ITSO non residence– Ottawa TSO
• Rumors on PM-1 in Collection disappearing – Ottawa TSO
• Strategic Strike Pay – Kingston
• Alternate Dispute Resolution (ADR) – Northern BC & Yukon
• OSH Training – Edmonton

MOTION CARRIED.

Sampling of pictures, with music, from the strike was shown on a large screen. Sister Bannon advised that Brother Fournier would have a copy on CD made available for each local.


EXECUTIVE COUNCIL BUSINESS

The Chairperson reported briefly on some of the business conducted by the Executive Council earlier during the week. (See Council Minutes October 19-23).

  • Sister Bannon will recommend that members who are on loan or acting with headquarters would work from their home location and not come to Ottawa.
  • Report from the Ad Hoc UTE National Building Committee. The committee worked with a broker and looked at various sites. Two recommendations were submitted for adoption and they were carried. (See item 15 from the Council minutes)
  • Adopted a resolution to allocate $2000 to the Strike Appeals and Holiday Relief Funds.
  • Adopted a resolution to establish an Ad Hoc Political Information Committee. There will be an election on Saturday.
  • Under Discussion items: possibility for members to have ITPR training.

MOTION CARRIED.

SPECIAL PRESENTATIONS TO OUR ACTIVISTS

President Bannon recognized four (4) valuable activists who have been active for many years. Brother Denis Lalancette and Brother Nick Stein have shown their commitment on many occasions. Brother Lalancette is the chairperson of the Bargaining Committee while Brother Stein is serving as a member of the Executive Council and is also on the Bargaining Committee. Brother Stein delivered to us varied presentations on WFA. They were both presented with a 20 year service pin. Sister Pamela Abbott, Regional Vice-President for the Pacific Region was presented a 10-year service pin for her dedication over the past 10 years and Brother Shawn Bergeron, Regional Vice-President for the Prairies Region was presented a 5-year pin for his commitment to the membership.

Brother Campbell recognized another valuable activist Brother Terry Dupuis, Regional Vice-President for the Rocky Mountains Region, by presenting him with a 20 year service pin.

President Bannon introduced Sister Lynn Scott-Cadieux, the newest Local President of the Policy & Planning local in Ottawa. We now have a total of 51 Locals.


Point of privilege – Melanson from Saint John

Sister Melanson wanted to recognize James Britain who received the regional Union of Taxation Employees Scholarship in 2003. In May 2004, James was awarded a Masters of Sociology Degree at the Spring Convocation of Acadia University in Wolfville, NS and is the first graduate since the university opened in 1838 to complete a master in Sociology Program in 8 months; a program that typically takes 3 years to complete. James wanted to send his indebted gratitude and appreciation to the Union of Taxation Employees for their support, both fiscal and political. It has been due to the support of unionists and concerned persons that have helped encourage his study and analysis of these and other issues affecting the working class of Colombia, to achieve their desired and justly deserved goals of social justice, equity and respect.

The point of privilege was well taken by the President.

Point of privilege – Sellmeyer from Burnaby Fraser

Sister Jean Sterling had a cancer surgery and is recovering. Sisters Earle Peach and Regina Brennan from the PSAC wrote a song and here is the first verse.

Her name is Jean
She’s the one who made your sign
She worked five nights this week
Making stuff for the picket line
She’s an ordinary worker
Who’s discovered her own might
She’s the soul of what we do
She’s the heart of this fight

There will be a 50/50 draw; the money collected will be used to help make a CD of the song and for a donation to Sister Sterling.

The point of privilege was well taken by the President.

Brother Campbell offered to all locals, the possibility of direct deposit of their local dues cheque, through electronic banking. He asked the interested locals to fill in the form provided in their kit and send it to Donna Nitz at the National Office.


SPECIAL GUEST SPEAKER

President Bannon introduced Hassan Yussuff, CLC Executive Vice-President and the Officer responsible for Health, Safety and Environmental Protection as well as Human Rights issues. He was invited today to thank him as a fellow unionist for his involvement in our negotiations and his attempt to make a good collective agreement happen. Sister Bannon personally thanked Brother Yussuff for the work that he did. Brother Hassan thanked Sister Bannon for inviting him and stressed his gratitude to the negotiating team and to Sister Turmel who invited him to participate in the bargaining process. He then stated as a piece of advice that they should appreciate that the bargaining team showed a great deal of determination to get the best collective agreement they could negotiate. It was much better to take this offer than to be legislated back in. Brother Yussuff went on to say that it was the employer’s bad faith bargaining that resulted in what they have now in front of them as an agreement. He concluded saying that the union’s strength was every one of them and that they should support their bargaining team all the way to the ratification of the agreement. He also wished to pay a tribute to his good friend Sister Turmel by stating that we have a militant, determined, passionate leader in our organization. Sister Turmel made it clear at meetings with the Minister of Labour and the president of Treasury Board, Reg Alcock that our union was ready to negotiate but not to roll over and play dead. President Bannon added that Sister Turmel had been invited to be here today but that she was traveling out of town on union business.

REPORT OF THE NATIONAL COMMITTEES

The Chairperson of the OSH Committee Brother Chris Aylward introduced the members of the committee as follows: Brothers Lalancette and Wenzel and Sister Lina Ruel the staff adviser. With respect to the first aid policy he thanked all the locals for providing information on amending the policy. In August the employer was amicable in receiving the changes but there has been no other meeting because of the labour situation. Brother Aylward mentioned that all locals should have received by now the Injury and Illness Policy. On the OSH Committee Training subject, he said that we have enough trainers in all of the regions and the committee member training will start next month. He asked that if there were any members who have not received the training that they let their RVP know. The posters on environmental sensitivity awareness were also sent out to all locals. The study on defibrillators has been done and concluded “training and equipping volunteers to attempt earlier defibrillation within a structured response system can increase the number of survivors. Trained laypersons can use automated external defibrillators (AED) safely and effectively.” We will bring this to the employer again next month.

ITEMS SUBMITTED BY THE LOCAL PRESIDENTS

President Bannon explained that we would deal with items on bargaining at the end.

1. UTE/CEUDA – GST Pools / GST Audit (Saskatoon Local 40023)

Local: There are about a dozen members in the GST pool that were transferred to CEUDA who were not doing just GST work Load. Can we get them transferred back?

President: Sister the National Office was advised by the local, these people were doing pure GST work loads. That is why they were transferred to CEUDA. If you are now telling me that the workload is blended and not pure GST Please advise the National Office of the type of workload, the name of the individuals and there PSAC ID numbers, we will attempt to get them transferred back to UTE.

2. Membership Lists (Edmonton Local 30025 & Burnaby Fraser 20007)

Local: Although we gave the updates to the national office on our members or we do it online i.e. changes of address or phone number etc., it seems that we can’t have an updated list at the local level when needed ex. preparation for the strike.

President: There is only one data bank and it is the property of the PSAC. They can produce lists depending on what your needs are.

UTE does not have a data bank. We do changes of address, etc., on the PSAC data bank and you can get them through the PSAC. For your information, the national office has mailed out our newsletter to all the membership and just a few came back so the list is accurate.

Local: As a suggestion we may think on having our own electronic data because for some reasons the changes do not get through the main database.

3. Written Presentation to Conciliation Board (Edmonton Local 30025)

Local: We would like to congratulate the PSAC on their report.

President: We had good comments from members, the bargaining team members and politicians on the good job that was done on the presentation.

Point of privilege - Quist from Peterborough

Brother Quist read from a letter that he received from out west as follows: Dear Dave as a PSAC and UTE member I have been working hard to get our local NDP candidate elected this 28th of June. My efforts are constantly being hampered by the Conservative Candidate, a Dave Quist. If this is you running in my riding of Nanaimo, you will have a lot of explaining to do. Signed James Little.

The point of privilege was well taken by the President.

4. Presidents Minutes (Peterborough Local 00008)

Local: The local would like to thank Sister Labrie for her efforts in expanding on the content of the minutes and for providing the related documents such as list of participants, agenda items etc., that are made available on the web.

5. Resolutions on the floor (Peterborough Local 00008)

Local: Would like the minutes to show that the December 2002 resolution (re a youth conference) was in contravention to the by-laws and that an error was made so that the history is shown in the minutes. In the future, if any resolution that comes from the floor contravenes our by-laws, that the executive council through the Chairperson rule it out of order when the resolution is presented on the floor and not at the next session of the executive council. The local added that it is important that when the local presidents pass a resolution at 100%, that the intent on the floor be respected.

President: In most cases if the Chairperson recognizes that a resolution is out of order as it’s being read, she will let the floor know.

6. Family related leave (Peterborough Local 00008)

Local: Do any locals have a broad interpretation, in their office, on this issue or is it jurisprudence?

Other locals: It depends a lot on whom (management) you are dealing with. The first day of school is a given.

7. Citizenship and Federal Government Employment (Peterborough Local 00008)

Local: What is the ruling on having American citizens do our job?

MacDonald: Chairperson of the Staffing Committee answered that people applying for a job with the federal government must be Canadian Citizen or a landed immigrant and that this person was lucky that nobody has ever questioned it. Now that someone has done the work for a competition this may come out.

8. UTE CEUDA membership (Halifax 80003)

Local: As you know CEUDA members did not receive the leadership that they deserve on the strike lines and that it fell into UTE’s hands to provide them with leadership. Would Sister Turmel step in and do something to have these members transferred to us as they are not being represented by CEUDA?

President: Sister Turmel has no authority under the constitution to transfer these members.

I asked council to give us some concrete facts such as lack of leadership, lack of being on site, etc., so we can go back to Sister Turmel and Brother Moran with these facts.

Point of privilege - Little from Victoria

Brother Little read an open letter to UTE membership from Brother James Little, local 20028 who has accepted a Regional Rep’s position with the PSAC in Vancouver. Brother James will not be seeking re-election to the position of President Representative on the UTE National Staffing Committee. He thanked everyone who has supported him in the past and also the members of the Staffing Committee with whom he had the pleasure of working with over the last 5 years.

The point of privilege was well taken by the President.

The meeting recessed at 1700 hours.


FRIDAY, OCTOBER 22, 2004
MORNING SESSION

The Conference was called to order at 09:00 a.m. with Sister Bannon presiding.

Sister Bannon referred to a grievance that was filed in 1990 on family leave - Registration of child in kindergarten - between Susan Levesque, grievor and Treasury Board. PSSRB File no. 166-2-18980. (Please refer to the file)

REPORT OF THE NATIONAL COMMITTEES

The Chairperson of EO Committee Sister Linda Cassidy introduced the members of the committee. Darlene Bembridge local president representative, Brother Terry Dupuis co-Chairperson and Sister Lina Ruel staff advisor. This time at the Presidents’ Conference, we have the chance to have most members of the committee present: Gerard Ennis, Greg Read, Cindy Little, Maria Peter. Sister Simone Smith is absent.

Sister Cassidy asked that applications for the next National EO Conference be sent in by next week. The deadline has passed for the registration at the PSAC National Women Conference next February in Vancouver. We asked for an extension because of the strike and the answer was no, because they had received lots of applications to choose from. At our 2002 Convention, a resolution was adopted requesting that the PSAC submit a request to the Canadian Human Rights Commission for an interpretation of Section 15 of the Employment Equity Act on the ‘consultation and collaboration with employee representatives’, the response was not favorable. (See our bulletin 17/04) The committee met last Sunday and Monday and has completed an Employment Systems Review Module that was presented to the Executive Council Monday afternoon for roll out in their regions. Brother Sabri Khayat will present this module during the National EO Conference in January.

On the question of how was the selection of members done with respect to the PSAC National Women Conference, Sister Cassidy answered that all applications were sent to the component then forwarded to the EO Committee. The Chairperson of the EO Committee in consultation with the committee members and the RVPs provided a ranking by region, language, gender, equity etc., to the PSAC. We do not know yet how many seats will be allocated. We expect for UTE to get between 10 and 20 seats.

ITEM SUBMITTED BY THE LOCAL PRESIDENTS

9. Transfer of members to 70000 (St. John’s TSO 90001)

Local: Is it possible that when a local is to lose members that we be advised in advance?

President: We talked about this yesterday under the Executive Council Business sections. They are acting members with headquarters that do not leave their home location. We would ask the local to initiate the transfer because we do not know who they are. We can ask Sister Bastien, our membership clerk, to make a note to contact the local if she sees a member from outside who shows up in headquarters.

Ottawa H.O. Asked that no transfer be done until the local president is contacted to see exactly where the members are working and check if it is an assignment or a permanent job etc..

President: Will attempt to do what we can before transferring anyone. The ones we are concerned with are the members working in the field but are assigned to headquarters. We want these members to be transferred to the local where they work.

10. President’s letter re. CEUDA/UTE (Surrey 20029)

Local: Members that have been transferred from CEUDA are starting to receive their UTE card but no letter was sent from the National President welcoming them.

President: There is a letter signed by myself, which goes out with the new member kit that is sent by the PSAC. We could prepare something for members that have been transferred from CEUDA.

11. Leave without pay and pension (Surrey)

Local: Is there something that was done with respect to who pays the wages when we are on leave without pay?

President: When the legislation changed, the PSAC did some work on it and then it kind of died. About one year ago we put it back on the table with the PSAC. We have some RVPs that have more than 3 years off now. We have talked to the CCRA and they said no. We are attempting to resurrect this issue again with the PSAC but not many components seem excited about this. We will continue to work on the issue and have the PSAC move on this.

Local: Would a resolution to convention be in order?

President: We could do that.

12. Sustainable Development (Toronto Centre 00013)

Local: Has there been any problem with this or any grievance? Management says that it is the employee’s responsibility to dispose of their garbage every night in the appropriate bin in a central depot.

Ottawa TSO: This has been put in place last summer in their office.

President: How many locals have experienced this situation? Quite a few answered yes.

Other locals: There are grievances on the issue.

Aylward: Brother Aylward stated that it was indeed a Health and Safety issue and that it should be brought to the local health & safety committee. If nothing is done at that level it should be brought to the attention of the National H & S Policy Committee. Do not empty garbage cans.

President: There will be a survey in October to find out how aware the employees are with respect to the sustainable development program.

13. Pilot Project ITSO (Ottawa TSO 70010)

Local: Wants to inform the members that there is a project going on about centralizing with ITSO, the collectors and auditors who are working on non-residence files. If the project is successful there could be members affected by this because they are looking in taking indeterminate employees.

President: We had the information deck on this for quite some time. I would ask the WFA chairperson to comment.

Stein: Chairperson of the WFA stated that the committee knows that this is happening in the field and that his understanding is that there is no budget allocated to that project. The committee was assured that there would be no loss of jobs in the field as a result of this initiative and will keep an eye on the situation.

Local: On the question when does the WFA Policy apply with these situations, Brother Stein answered that the position of the WFA committee is that the WFA Policy is in effect when we become aware of a workforce adjustment situation.

ITSO: When this project started, we expected 14 full-time people to arrive but nobody has arrived as of yet.

President: Brother Stein will follow-up on this with headquarters.

14. Rumour on the PM 1 disappearing (Ottawa TSO 70010)

Local: The rumour is that there would be no PM-1 in the TSOs.
Over the past two weeks we had team leaders in collection suggesting to PM-1s to try to get on the PM-2 list and to look for jobs in other areas. We have approximately 250 people in collection and about ¾ are PM-1s.

President: This rumour has been there for quite some time. We have asked Dave Miller and Guy Proulx many times and we have always been told that there will be PM-1s in TSOs. It might be timely for us to ask the question again.

MacDonald: Brother MacDonald Chairperson of the Staffing committee commented that we had discussions with the employer for about 10 years now. There is no question that as a result of the work change over the years, that there will be reduction in the amount of PM-1s that are needed in TSOs. It’s not right for managers to stress this message as is not taking place now. This will not happen in 2 weeks or even 2 years. All they should be saying to people is that over a time period, there will be less PM-1s collection jobs and to move forward you may want to consider looking for a PM-2 job. If managers were playing fair with their employees, they should be providing information such as I just gave you. For an example what could happen in Ottawa is that they could ship the workload from the TSO to ITSO but that for a office the size of Thunder Bay, there is no place to move people.

Other locals: Some re-organization will take place but no talks of job lost for PM-1s.

15. Strategic Strike Pay (Kingston 00011)

M/S Dave Berofe/Barb Stewart

Whereas members who participated in the strategic strikes lost a proportion of their pay.

Be it Resolved that the Executive Council forward a motion to the next PSAC NBoD that these members be further compensated to ensure they did not lose any salary.

Rational: In small offices (approx. 15 employees), they felt vulnerable and the situation had a big effect on them with respect to their salary.

President: Explained that the strategic strike pay is 60% of the gross salary. It is non-taxable and there will be no T4 issued. Most people will take home about the same amount of money and sometimes even more depending on the non-mandatory deductions.

MOTION DEFEATED.

16. OSH Training (Edmonton 30025)

Local: Suggested that it could be the time now that CEUDA is gone to bring some changes to these meetings by letting the employer know that we are unionist and that we are here on behalf of the members.

President: The only thing that was pertaining to CEUDA was the delivery of dangerous goods. Perhaps we could make some changes in the delivery of the training.

17. Alternate Dispute Resolution (Northern B.C. & Yukon 20002)

Sister Myhre from Northern BC & Yukon was absent on personnel business. Her issue on ADR was discussed later.

Point of privilege - Pamela Abbott, RVP from Pacific Region

Sister Abbott on behalf of the Pacific region thanked the bargaining team for being away on Thanksgiving weekend negotiating for all of us. Each members of the team received a bag of goodies.

The point of privilege was well taken by the President.


BARGAINING ISSUES

President Bannon asked Brother Lalancette to make his opening remarks. The local presidents would then speak on the issues.

Brother Lalancette made reference to the main amendments made to the agreement and that Sister Cassidy would read the agreement on term employees (see PSAC ratification vote kit). He started by thanking the other members of the team for their commitment, their patience and their knowledge.

He also thanked the National President and all the Regional Vice-Presidents as well, for their involvement and their dedication and finally the Local Presidents and their Executive Members for their leadership during the strike actions and the National Office Staff for their support.

Economic increase to be applied to the rates of pay in effect;

Effective on November 1, 2003: 2.5%
Effective on November 1, 2004: 2.25%
Effective on November 1, 2005: 2.4%
Effective on November 1, 2006: 2.5%

18. Bargaining/Strike (Peterborough 00008)

Local: Stated that their members are disappointed with the outcome and they feel that a damage control system needs to be done. The cancellation of the September Presidents’ Conference was a missed opportunity to have everybody here to provide some uniformity across Canada. The local asked what the rational behind this was.

President: We had asked the RVPs to contact their locals and find out if the locals would feel comfortable coming to the Presidents’ Conference if there were strike activities going on, and based on the majority, it was postponed.

Local: Would like to see our UTE political structure run our strike and not have the PSAC run it.

President: To make this happen we would have to change Regulation 15. The bargaining agent is the one who calls and runs the strike. As far as input, we got most of what we asked for.

We missed an opportunity at Council last June to provide guidance on where we want it to go and what specific things we wish to do. We didn’t have that discussion.

Local: Any member receiving money from the employer (sick leave, annual leave) during a strike would be required to contribute 25% to the PSAC Hardship Fund is that correct?

President: Referred to section 24 sub-section 7 of the PSAC Constitution. We have asked Sister Turmel who is the only one to interpret the constitution and it reads: ‘’not withstanding sub-section 1 and 5 of this section members who received remuneration during a legal strike of their bargaining unit shall be required to remit 25% of the remuneration they received from the employer for each day worked during the legal strike to the PSAC. The money received under this sub-section shall be set aside for a National Hardship Fund…’’. (Please refer to PSAC XO25/04)

The funds cannot be kept in the local. They have to be remitted to the regional strike welfare fund.

Local: If there were a no vote, would we get another negotiating team? What king of training has our negotiating team received? And would you be asking for anyone’s resignation?

President: No to the first question.
As far as training, most of them have been through the process once, twice, three times. There was a session with PSAC prior to the commencement of negotiations and our team worked very closely with the negotiator.

Alan Nymark is causing us the most trouble. The discussion that has not taken place with the team as of now is if we should ask for Nymark’s resignation. He is the one who could have averted or ended the strike.

Stein: Said that he had the privilege in helping select the bargaining team members with Sister Bannon and Brother Lalancette. The responsibility of the bargaining team members is to know the collective agreement.

RATIFICATION KITS

Ratification kit: PSAC is trying to make it simple and less in volume. They would show only a sample of the pay grid instead of having 30 on that. There would also be speakers’ notes for the ratification vote meetings and we will provide them to each local and to each council executive member. When the kit is ready we could have a bulletin on the content of the kit with some information for the locals that could be sent by email.

DISCUSSION ON THE BARGAINING RESULTS

President Bannon suggested that the locals share their comments and questions and that then the team will answer questions.

Most of the locals that went to the microphone commended the negotiating team for their sacrifices, dedication and for their hard work in the process.

LOCALS

We are very disappointed in the team, in the leadership and in the PSAC. We should have our own contact in parliament instead of having the CLC lobbying for us.

President Bannon: With respect to lobbying, she said that one of our contacts with the Minister of Labour happens to be Brother Hassan from CLC, who was called in by Sister Turmel because he had a past relationship with the minister.

Our UTE Ad Hoc Political Information Committee will be mandated to gather political contact information at the municipal, provincial and federal levels for all of our locals to use. We started it because we found out during this round, that political interventions were required.

On the question can we know who voted yes or no within our negotiating team?

President Bannon said that the recommendation going for acceptance was unanimous from the team and that she was not prepared to order the team to tell how they voted. She suggested that they (the locals) talk to each member individually and if the team members wish to tell how they voted, they will.

Is there something in the constitution stating that the team can’t divulge how they voted?

The Chairperson: Regulation 15 section 3.10 stipulates: all negotiating team members and members of the NBoD shall fully support the recommendation of the negotiating team.

Brother Gaetz challenged the Chairperson seconded by David Quist.

What you just read does not say that the team can’t divulge how they voted.

The Chairperson: When it says that each member must fully support the recommendation of the team they must do that in full fashion as if they voted unanimously and will be supported publicly as one.


All those if favour of sustaining the Chair please show.

On a show of hand the chair was sustained.

This was our opportunity to call the government’s bluff as far as the legislation threat was concerned. Members in Saskatoon would have preferred to be legislated back in and get nothing; but they would have gone back to work with their dignity intact.

QUESTIONS AND ANSWERS

Q: What about acting pay for permanent members? Permanents are not going up in wages but terms are. Was this on the table?

A: (Stein) It has been on the table up to the end and he believes it’s still is. Every time we thought we had a good chance on this the employer would come back with claw backs and the team always made sure they were taken off the table at the end. This time we were not successful.

Q: Have you thought about binding arbitration?

A: (Stein) My beliefs are that I could never give away my right to strike and if we want to go to binding arbitration, that decision would have to be made by the membership prior to the next round of bargaining.

Q: If the vote were defeated what process would we be taking?

A: (Bannon) If the tentative agreement or the employer’s offer is defeated we will remain in a legal strike position and the members will have to be told what the ramifications would be if they vote yes or no.

Q: Why did we accept a 4 years contract?

A: (Bannon) Wages were not under negotiation.

(Brunette) The employer’s improved wage mandate at all tables was based on the acceptance of a four-year term. The employer made it clear that both the economic increase and the length of the agreements/final offers were fixed and not open to discussion with the team.

Q: What about the Compassionate Care Leave benefits that was in effect as of January 2004? As we know, unemployment insurance pays 60% of the salary; would the agency complete the salary as it is done for maternity leave?

A: (Bannon) No. It was not part of the bargaining demands. It would have to be presented at the next round of negotiations.

Q: Could we have something in writing of what happened during the last stage of negotiations?

A: (Bannon) Yes.

Q: What would you change in the process for the next time?

A: (Lalancette) Would have changed the employer negotiator Peter Cenne who was uncompromising and whose mandate was from the Treasury Board and not the CRA. I would like to change the political aspect of the process so the government would not be able to force us back in. I would like that more power be given to the Labour Relations Commission versus the negotiator and the conciliation board so today we would be all happy.

(Stein) The only way I would like to change the process would be by going back to the table and we either have a collective agreement before the last contract expires or we don’t.

He added that for the next time, Bill C-25 would be in force by the time we have the ability to strike. That means that 60 days after we have taken a strike vote we would have to take strike actions.

(Aylward) We have to change the way we bargain and we have been saying this since 1999. It’s time now to start to do something and not just say it. We have to get the legislation changed because that’s what has put us in a box.

(Cassidy) Next time I would probably be sitting with the participants and not up here at this table but I have a few more years to go before making that decision again.

(Brunette) We have to change the legislation as Brother Aylward stated.

Q: Were the allegations on bargaining in bad faith pursued?

A: (Bannon) The charges against CCRA were not dropped. They are working on a back to work protocol in the event there would be disciplinary actions against any of our members across the country. They will try to trade and get the back to work protocol. We know of one case in Newfoundland as of now. There is also a bad faith bargaining charge against Reg Alcock.

Q: Have we sought legal advice in reference to the back to work legislation threat?

A: (Bannon) No. The government has the power to exercise back to work legislation.

Q: If the ratification vote is defeated, can we strategize our strike activities for April?

A: (Bannon) Correct. The National Strike Coordinating Committee would meet to talk about this and strategic actions to be taken.

Q: At the time, had it been considered to keep the lines up on Thursday and Friday to conduct damage control?

A: (Bannon) No it had not been considered. Table 1 had decided that effective Thursday we would all be out on a general strike and back to work on Friday. We were forced to go out Thursday. We did not like that they made that choice for us. Then when the team went back in, we could not have half of the membership out and the rest working so we sent our members back in on Friday.

Q: Has the team thought of not rendering a decision and leave the decision to the membership?

A: (Stein) He said he was speaking only for himself in saying that he believes that he was negotiating at the table to come back with a tentative agreement and a recommendation of yes and to stay at the table until he got one.

Q: Why didn’t you just walk away when the employer said that money was not negotiable?

A: (Aylward) Because that would have been a very stupid thing to do, to walk away from the table. First of all because the employer would have said the next day, ‘this is why your union walked away’ and also because we did not believe that it was not negotiable. We couldn’t accept that.

Q: What about scabs? Would they be disciplined in all locals?

A: (Bannon) Scabs are in violation of the constitution if they cross their own picket line. Local components are also in violation of the constitution if they do not discipline the scabs and I (Bannon) would be the first one laying a charge against any locals that do not comply with the constitution.

We will sent you a checklist of what you have to do to run your investigation and if you send it back fast enough, the PSAC NBoD may hold a one day meeting to have the scabs suspended before the vote takes place.

Q: Until we get a signed agreement are we still on a legal strike position?

A: (Bannon) Yes you are. We have gone back to work because we have a tentative agreement. The decision is left to the component as of now, if we go back to NUMCs and joint committee meetings other than OSH and Employment Equity meetings, because both are legislated, and if we decide to ban overtime.

We will ask you to vote later on these three issues: Overtime, NUMCs and joint committee meetings.

(Stein) No to NUMCs for now.

Q: What preventive job actions, for the next three years, can we take once we are back in our offices?

A: (Bannon) We should educate the members in light of what occurred with this agreement in the way that they should do only what their job description is telling them to do; nothing more because they will not be told how great they are or receive thanks for doing more.

Q: Anything we can do about the employer taking out 36 hours or else (compressed day) out of our pay cheque?

A: (Bannon) This is contrary to their definition of ‘’a day is a day’’ 7.5 hours. We could go back to headquarters and convince them that their definition of ‘’a day is a day’’ has to work both ways. Nick is taking note. (Bannon)

Q: How would the selection be done for terms to become permanents?

A: (Cassidy) Unfortunately we did not get the automatic rollover and unfortunately we did not get the employer to agree that the employees be appointed without a competition. Ex.: if a local has 50 terms that have over 3 years employment and that they only have permanent positions for 20 employees they will have to go through a competition process.

Breakdown as follows: there is a total of 1072 over 3 year’s terms: 543 in TCs, 300 in TSOs, and 227 in headquarters.

In headquarters ITB Branch, a term over 3 years as a result of a ‘’Sunset funding’’, funding created for special projects with a specific end date, these terms will not qualify for positions under this particular clause.
However, in TCs most terms over three years are focused in two areas. In Surrey where they have 55 terms over 3 years, they will be accommodated. In TCs where they have 200 terms, the chances are very slim that all 200 will be positioned. We were guaranteed that the monitoring and reviewing of this would take place in existing union regional and national management forums. We have the commitment from the employer that they will staff the 25%. If the employer decided tomorrow to lay-off 300 people we would still have 275 members that would become permanent. We could not have the employer put on paper that they will not turn around tomorrow and lay-off all the terms.

‘’ If the tentative agreement is turned down the offer on terms is gone ‘’.

This is not limited to three (3) TCs as the rumour said, but this is for the 1072 which they rounded-up to 1100 terms employees across the country in TSOs, TCs and Headquarters.

Q: What would happen to terms that have been employed for 9 or 10 years under a funded benefit program?

A: (Bannon) If there are 10 employees and 5 jobs they will have to compete. They should have been employed permanently years ago. We all agree with that. We will all try to get these members a permanent job. The details of the commitment that has been made will have to be worked out with the CRA.

(Cassidy) I did ask the question about these specific members in St. Stephen, NB. In order to know if they were falling under the ‘’Sunset funding’’ project and we were told NO.

Q: Is the T1 pool not considered as a project anymore? And what about the GST pool?

A: Yes it’s correct; it is considered a permanent job in nature.

On GST pool, we would try to get more clarification on that.

Q: Would the competitions be opened only to terms?

A: It should but I think it would depend on the manager. This would have to be discussed further with the employer.

Q: What about people that crossed picket lines ‘’the first day only’’ and who after that did not participate in any strike actions?

A: (Bannon) Non participation in strike activities is not against the constitution. If they are at home and the employer is not paying them, they are on strike.

Officially when a person crosses the picket lines once, that person is a scab and he/she should be charged. The locals have to call a ‘’membership’’ general meeting to decide what kind of disciplinary actions should be taken. Different recommendations have been made for different situations. Ex.: someone who is very disrespectful and/or obnoxious, we have seen recommendations to the NBoD that stated that these people should be suspended for life with a review every 5 years and fine for all the time they have scabbed.

For someone who scabs once and regrets it and pays their salary to the hardship fund, then the local meeting may decide on the disciplinary actions.

If disciplinary actions are recommended, the committee report should be placed before a special or general meeting of the local for voting and it will need a 2/3 majority. If the recommendation is carried then it will be sent to the Standing Discipline Committee of the Board. That Board would verify that the process was done properly according to PSAC Regulation 19 on Governing Membership Discipline. (Please refer to Reg. 19)

Q: What about if the membership voted NO to this tentative agreement, would we bring in a different team?

A: (Stein) He thought that any team that you would put at the table would have to make that kind of decision among themselves as to know if they wanted to continue this process or not.

Q: Why did the team come out with this agreement?

A: (Aylward) Because of a few factors. As it has been mentioned earlier the fear of being legislated back as it has been in 1991 was one. We also asked ourselves that if we kept our members out for another one, two or three weeks, would we achieve something else, and the team answer was no, we can’t. We had achieved what we could with that employer.

GENERAL COMMENTS FROM THE PARTICIPANTS

  • Few of our Regional Strike Coordinating Committee recommendations were followed. These recommendations went from the regional office to PSAC headquarters and no feedback was sent to us on our recommendations. It was frustrating after having met and worked to prepare these recommendations that the proposed ideas, proposals and dislikes were not taken under consideration. Ex.: we were not in favour of rotating strike actions.
  • Now we are faced with fear of going back to the picket line.
  • Extreme frustration and disappointment to see that at some tables, there was some concession bargaining going on. We should have waited until these concessions were off the table before agreeing to anything.
  • Every person in this room has worked hard and let’s take it as a learning experience and let’s positively build on it. In preparing the locals for the next situation, we would have to work on the administrative skills i.e. membership lists.
    • Suggestion from the Chairperson that next time all recommendations should be forwarded to the RVP and the National Office for consideration.
      She also mentioned that a document from the National President on what happened during the last 72 hours of the process would be distributed to the participants. It would also be available on the website.
  • We should educate our politicians now, so they know what the real issues are and we may get more support for the employees that they have chosen to disrespect.
  • This is the best that the team could have gotten with the attitude of the managers.
  • We found new bonds and solidarity, we learned a lot about each other, about ourselves, about our community and about the people in our community.
  • The government must have known what they were doing because lots of members would be retiring in the next 5 years and it would not be their best 5 years with respect to their pension benefits.
  • Members do not agree with the overall situation but they believe that they have founded a new stronger local.
  • Head Office local thanked all their members for the excellent job during the strike and the fact that it is generating a lot of union interest in the local.
  • We have to thank our families who put up with us during these difficult times.
  • A national literature coming from the national office would be very nice and helpful.
  • It was a very nice surprise to see the involvement in Kitchener and that we did not have one scab that crossed the picket line.
  • A designated member commented that being in the inside; he was able to help in many ways. You could see managers pushing carts, playing cashier and receptionist, etc. It was a very effective strategy for his local.
  • PMs are not happy, they felt that they have been sold out, and they want to withdraw from the union dues.
  • Recommendation for next time would be that when we get the employer to come back to the table that we stay out and show support to the team until they come back with a good offer.
  • We would have to do concerted damage control before the next time we ask the membership for a strike vote.
  • A local urged members to use management to their advantage because some of the managers were as upset as we were about the whole situation. We should remind them of what they went through and that it could happen again. In a lot of cases, the battle was with Nymark and not management.
  • In some locals, management was not as understanding.
  • Many locals had no scabs and it is encouraging.
  • We have to move forward and start political action now.
  • We hope to have space on the web site to display thank you messages for people who supported us during the strike. We will send the messages to the national office.
  • Mailroom clerk who have been pushing carts do not have the opportunity to really meet people and now they feel that they are part of the office and the union. They were happy to be out for that reason.
  • A local of 1700 members had no scabs. Management was supportive and has stated that they have the most respect for the CR-2s in the mailroom and others.
  • Sydney thanked the team, their local and a special thanks to Sister Cassidy.
  • Winnipeg TSO no scabs.
  • Vancouver was commended by their RVP for their idea of the pin ‘’lets talk’’ that they handed to the employer together with t-shirts for their designated employees going in that says ‘’our hearts are on the line’’. The RVP thanked Surrey for their help to Burnaby Fraser that had a hard time through the process. Thank you to Prince George for their determination.
  • We should be very pleased with the fact that there were very few scabs. We had 0 from the Atlantic, 0 from the Prairies, 4 from the Rocky Mountains, 4 from the Northern and Eastern Ontario, 3 from the Quebec region. This is substantially different from 1991. Sister Bannon attributed that to the leadership of the people in the room.
  • Thanks to local executive who showed CEUDA members how we work as Brothers and Sisters and the fact that these members were former UTE members.

The bargaining team answered the above questions and made the following comments:

Brother Lalancette stated that it was a first to have all members of the team to do the presentation to the board because usually only the bargaining agent and the researcher do it. He invited the participants to go back to the conciliation board report and to look at the items in dispute which have no cost related and you would see what was left to be negotiated starting from the Friday to the Wednesday and what you have gained. The team received mixed messages from the membership and as negotiators we had to take what we thought the best decision for the majority of the members.

Brother Kosiba thanked all the people in the room for their support to the bargaining team and to their locals. He said that he was disappointed but that the team got what they could.

Brother Stein answered some of the questions and said that the team had to make a difficult decision. We all based our decision at the vote on different reasons. We also had to take into consideration the recommendation of the National President and the fear of legislation. He was glad that the people in the room respected the decision of the team. He thanked everybody for their solidarity.

Brother Aylward thanked the 51 locals and the 26000 members that they represented at the table. The team, when at the table, was very appreciative of their support. He answered some of the questions asked. This round of bargaining was different in the way that it has a very unique dynamic because while negotiating at the table, members were on picket lines. Another very unique dynamic was that at the same time five (5) other bargaining units were negotiating at the same time. He concluded stating that we have to change the bargaining process for the membership and for the organization and the only way to do that is through political involvement to get the legislation changed.

Sister Cassidy indicated that she would not repeat what the other members of the team had said. She thanked all the members and specially her eight- (8) locals in the Atlantic who had to put up with her every day. She thanked the person for the turkey and apple pie for Thanksgiving Day because it is things like this that makes you remember that there are people out there for you. She thanked all the locals for their support of the Newfoundland local, for what they were going through. Their whole executive is facing disciplinary actions because they may be talking to a member in the work place. She emphasized on the fact that the bargaining team didn’t hold out only on one specific issue, but on the package of bargaining demands that the locals had sent them, saying these issues are important. We were asked on October the 14th to consider if we believed that we could obtain more for the members and the decision of the team was no. She stated that as Brother Stein said, she couldn’t send a recommendation of no. The recommendation has to be that we recommend this because that is the best we can get for the members as a team. She concluded saying that Brother Campbell had asked her to write an article for the next newsletter on the diary of a bargaining team member from start to finish and she hopes it will give everybody an insight into the process and what it means.

Brother Denis Brunette thanked the members of his local executive that had supported him during his numerous absences to be with the team. He commented on the issues which echoed the views of the other team members. He concluded by saying that he was still convinced that all the work that was done, was done in thinking of the membership and he wished a good ratification vote to all.


The meeting recessed at 5:00 p.m.

The Executive Council met for a short session.


SATURDAY, OCTOBER 23, 2004
MORNING SESSION

The meeting was called to order at 09:00 a.m. with National First Vice-President Bob Campbell in the Chair.

Brother Campbell announced that the CRA ratification vote would not be posted on the PSAC website before November 5th.

Point of privilege – M. Bertrand, RVP from Quebec Region

Brother Bertrand referred to a memorandum issued recently by the Harassment Committee to remind each local that they must remit to the committee each month of September, a harassment statistic report on harassment cases from their local. As a reminder, a form had been put in the presidents’ kit.

Point of privilege - Sellmeyer – Burnaby Fraser

Thanked everybody for the 50/50 draw and announced that the draw will be held after the break for people that did not have the chance to buy tickets.

Brother Gaetz had information for the Ad Hoc Political Information Committee.

The points of privilege were well received by the Chairperson.

ITEMS SUBMITTED BY THE LOCAL PRESIDENTS

19. ADR (Northern BC and Yukon 20002)

Local: Requested an update on ADR.

Chair: Brother Campbell asked Sister Bannon to answer that question.

Bannon: We were proceeding with the AUMI. After the strike it will depend if Sue Parks is still sitting on the regional committee. For now we will await to see what happens in the Atlantic before going ahead.


20. Appointment of a strike manual committee (Laval 10028)

Local: Would it be possible to form a committee that would have the mandate to give a post mortem/feed back on the strike and who would also produce a manual adapted to UTE Locals’ needs for future reference?

Chair: Any suggestions should be sent to our standing bargaining committee.

REPORT OF THE NATIONAL COMMITTEES

Brother Bob Campbell Chairperson of the Finance Committee reported that Financial Statements have been sent out every month and he said to make sure that people look at them and understand what is going on, especially if members are planning to sit on the convention finance committee.

Brother Bob Campbell Chairperson of the Communication Committee explained where we are right now by saying that Sister Susan Duncan had worked and helped a lot to bring the website where it is now and with the newsletter. We are asking for articles from locals and to let us know of any suggested improvements. Some locals have received some good feedback from their membership and that is what we are looking for. The committee answered a few questions from the delegates.

Brother Stein recommended that the details of the Shneidman case on jurisprudence be placed in the newsletter. Brother Campbell answered that this would be taken into consideration.

President Bannon opened the following items for discussions and then asked for a vote by a show of hands.

  • Should there be a ban on overtime: NO
  • Should we continue to have NUMC meetings: NO
  • Should we return to National/Local joint committee meetings excluding the ones legislated under the Canadian Labour Code and WFA: NO

The no vote on the last item was to show solidarity to the two (2) locals in St. John’s Newfoundland. President Bannon explained that Sue Parks and Ken Warren, CRA managers at the TC office, have been atrocious on the picket lines. They have called the police who decided to come with their horses. The employer is now filing an injunction and they are investigating union time of the executive to see if it is credible.

Brother Ennis from the TSO office in Newfoundland added that since the injunction, management has not been talking with the executive and that basically nothing has happened because he himself has been away from the office since September 21st. Management is probably waiting for him to return to work to proceed with these issues.

Sister Gardiner from the TC office in Newfoundland on her part said that the situation was slightly different in her office because as she has not been in the office since the incident, management did not take disciplinary actions as of yet. She did not know what would happen to her executive when she goes back to the office on Monday. She said that Sue Parks who was a member of the negotiating team should have been in Ottawa negotiating and putting pressure to her counterpart to get back to the table. She added that every time Sue Parks crossed the picket line, it was a slap in the face of our members. On the day of the horse’s incident, Sue Parks would not agree to go in the building last or to go home and work. She was spreading the rumour, to her managers, to her employees and to people in the region and across the country, that she did not have any control once the police had arrived. The local had a meeting with the police and they were told that up to the time that they were marching to separate the lines that if she would have said the word stop, go home and close the office, that they would have done it.

Some members who wanted to take annual leave and go home were forced and threatened by Sue Parks at 3:00 pm. to go in with her. They were scared. Sue Parks was the higher-ranking CRA official on the picket line that day and she refused to make the decision to close the building.

A suggestion was made that a good way to show solidarity would be to innovate and to hold the next Executive Council meeting in Newfoundland instead of Ottawa and to invite the employer to also have the NUMC in Newfoundland so it would be, this time, in the hand of the employer to participate or not to participate. This action would show the employer that the Executive Council could go where the problems are.

President Bannon made a point in saying that the next Executive Council meeting was in December and that the Brother wants us to go to Newfoundland. She added that Council would take under advisement the suggestion and that maybe the next Presidents’ Conference should be in Newfoundland. The participants showed very clearly their approval with very loud applause. President Bannon said that if things do not get better, that we would certainly look in having the next Presidents’ Conference in Newfoundland next March.

President Bannon stated that the result of the three (3) hand votes would be discussed with the Executive Council members after this meeting of the Presidents’ Conference and that she will render a decision. She will prepare something in writing the next week, to give the members some guidance on the”no” participation.

President Bannon stated that the decision taken at council would be reviewed on December 9th.

The ratification dates are:

November 19th till December 8th and the results would be announced on December 9th.

Point of privilege – G. Ennis from St.John’s TSO

Brother Ennis thanked his Brothers and Sisters on behalf of his local executive for their solidarity and support.

The point of privilege was well taken by the Chairperson.

NATIONAL COMMITTEE REPORTS

The Chairperson of the By-Law Committee Brother Aylward reported that the UTE Policy & Procedures Manual has been extensively reviewed. It would be sent to all locals electronically and posted on the website as well as it would be placed in the local help manual.

Sister Hilde Sellmeyer announced that the 50/50 draw collected $347.00. The winner was Brother Andy Murdock from the PSAC.

Sister Diana Gee together with Brothers Jude Dias and Scott Gallant won a basket of goodies prepared by the Pacific Region.

ELECTIONS TO STANDING COMMITTEES

Bargaining Committee

Garry Kaschak was elected as TSO representative to the Bargaining Committee.

Jean-Pierre Fraser was acclaimed as TC representative to the Bargaining Committee.

Staffing Committee

Normand Pelletier was elected as TSO’s representative to the Staffing Committee.

Madonna Gardiner was acclaimed as TC’s representative to the Staffing Committee.

Technological Change Committee

Brian Oldford was acclaimed as the representative to the Technological Change Committee.

Health and Safety Committee

Norbert Wenzel was elected to the Health and Safety Committee.

Equal Opportunities Committee

Darlene Bembridge was acclaimed to the Equal Opportunities Committee.

Employee Assistance Program Committee

Hector Walters was elected to the Employee Assistance Program Committee.

Finance Committee

Bruce Wilson was acclaimed to the Finance Committee.

Workforce Adjustment Committee

Doug Gaetz was acclaimed as TSO representative to the Workforce Adjustment Committee.

John Kosiba was acclaimed as TC representative to the Workforce Adjustment Committee.

Harassment Committee

Patricia Payton was acclaimed to the Harassment Committee.

Communications Committee

Barry Melanson was acclaimed to the Communications Committee

Ad Hoc Political Information Committee

Newly formed committee to lobby federal, provincial and municipal parties.

Hugh McGoldrick was elected to the Ad Hoc Political Information Committee


m/s N. Pelletier/J. Dee

That the ballots be destroyed.

MOTION CARRIED.

SPECIAL PRESENTATION TO OUR ACTIVISTS

President Bannon presented a 15 year pin to Brother Kent Macdonald, Regional Vice-President for the Eastern and Northern Region in recognition of his dedication and involvement to the union movement and this organization. Brother MacDonald thanked everybody and indicated that this was much appreciated.

CLOSING REMARKS

President Bannon remarks went from the ratification votes where the bargaining team will be touring part the country, as well as herself to who would be running for the top three (3) positions of the organization at the next National Convention. She stated that Brother Chris Aylward would be running as National 2nd Vice-President, that Brother Bob Campbell would be offering for the position of 1st National Vice-President and that herself Sister Betty Bannon would be offering for the position of National President. She also mentioned that preparations were ongoing for the 2005 National Convention in Saint John, N.B. She asked the locals to take the opportunity of the ratification votes to encourage the membership and to get them more involved because regardless of the outcome, the strike did bring us together. She said that she couldn’t be more proud than she was of the executives at all levels, the picket captains and the members who came through for us during the strike.

The meeting adjourned at 2:00 PM.

 
   
 
   

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