MINUTES OF THE PRESIDENTS’ CONFERENCE
March 29-31, 2007
THURSDAY, MARCH 29, 2007
AFTERNOON SESSION
CALL TO ORDER
The meeting was called to order at 1:15 pm. Betty Bannon, President of the Union of Taxation Employees presided and the session opened with the song Solidarity Forever in both French and English.
A moment of silence was taken in memory of the members deceased since we last met.
Point of Privilege - G. Reid
Brother Reid informed the participants that Sister Ann Haley passed away the week before. Sister Haley was a labour leader in the Belleville Local and a lifetime employee with Revenue Canada. Brother Reid thanked everyone for the condolences received.
The point of privilege was well taken by the chair.
President Bannon went over the Harassment Policy and introduced the Complaint Administrators, Marcel Bertrand, Shawn Bergeron and Lyson Paquette. Sister Patricia Payton was expected to arrive the next day.
She introduced the members of the staff from the National Office present in the room and then asked the 55 Local Presidents to introduce themselves. The members of the Executive Council were then introduced. Brother J. Dee was absent with permission and was replaced by Sister Robin Johnson.
HOURS OF SESSION
M/S/C L. Scott Cadieux/J. VanSydenborg
That the hours of session be as follows:
Thursday: 1:15 to 5:00
Friday: 09:00 to 11:45; 1:15 to 5:00
Saturday: 09:00 to 11:45; 1:15 to 5:00 or the completion of business
MOTION CARRIED.
ADOPTION OF AGENDA
(See attached agenda, delegates list, observers list and Items submitted by the Local Presidents)
M/S/C J. Lafontaine/S. Lahaie
That the agenda be adopted as circulated with the following additions.
- Phased Retirement & Annex Five of the Budget (Charlottetown)
- Visitor Rebate Program (Summerside)
- Leave With Income Averaging (Bathurst)
- CR 3 in Estate and Trust (Kingston)
- Corporate Tax Administration Ontario (Belleville)
- Occupational Health & Safety in the Workplace (Montreal)
- UMI (Peterborough)
- Family Related Leave (Lethbridge)
- Term Contract Letter (Surrey)
- Client Service Counter (Rounyn-Noranda)
- PM 2 Auditors AFS-SP (Charlottetown)
- French Language Training Program (Summerside)
- Federal NDP Leader’s Statement – Electronic Filing (Kingston)
- Lack of Preparation Work re. CPP-EI Transfer of Members (Toronto East)
- Term Vacation Leave (Sudbury)
- Cash ‘no currency policy’ (Peterborough)
- Local UTE Web Page (Summerside)
President Bannon commented on the fact that items for discussion should be sent to the National Office by the requested deadline as the agenda is prepared (guest speakers, reports of the national committees, workshops, etc.) based on the number of items received by the deadline. Items added on the floor should only be new matters that have occurred in the last two (2) weeks before the conference or after the deadline. She asked for every President’s cooperation in this matter.
MOTION CARRIED.
OPENING REMARKS
President Bannon started her remarks by saying that we were heading through the bargaining process and that we have started with the request for bargaining demands. We will have to work very hard. The Presidents would have to talk about bargaining at the workplace every day and make it very clear to the members that we are going to the bargaining table to get a collective agreement, not to look for a strike. She also talked about the issue of the 1200 members affected by WFA and pointed out that it was the first time that we were in such a position and that the situation would not get better. She suggested to the locals to have this issue on every union-management consultation meeting and to review what was going on in their offices. She went on to talk about the fact that some locals do not open their email in a timely fashion and that with the bargaining approaching they should open their email every day. The National Office and the RVPs have received requests about information that had been already sent out by email. She also urged the Local Presidents to share the password with their executives for them to get the information on our website. With respect to grievances, she asked the locals to send the files to the National Office as soon as the transmittal form was signed and that a copy be made for the local in order to speed up the process.
President Bannon introduced and welcomed Sister Brenda Lombaert, Vice-President of the new Winnipeg Compensation Client Service Center Local. She also introduced Roxanne Lodge, UTE member from the Winnipeg Tax Centre and Rachel Gardiner, the student from Newfoundland that UTE sponsored to go to Cameroon with Captain Ed Smith from the International Children Awareness. Both Roxanne and Rachel have been invited to the Presidents’ Conference and will be joining Captain Smith for his slide presentation on Saturday afternoon. Captain Smith will explain how they have been using UTE’s monetary donations so far.
President Bannon wished a happy birthday to Sister Corina Gladney and Brother Terry Dupuis.
EXECUTIVE COUNCIL BUSINESS
President Bannon reported briefly on some of the business conducted by the Executive Council earlier during the week. (See Council Minutes of March 2007).
Resolutions and recommendations on the following topics:
- Term of References of the Communications and PAC Committees were carried;
- Recommendations on Referral Agents were defeated;
- Brother Bill McCallum, London Local was the first member to receive a first Humanitarian Award and he will be invited to the September Presidents’ Conference to receive his award;
- Council on Sunday will be discussing the Conflict Resolution Policy from CRA;
- The Edmonton Local was out of trusteeship and the new president is Des Scott.
The remaining Council business would be dealt with on Sunday, April 1st.
ITEMS SUBMITTED BY THE LOCAL PRESIDENTS
1. ICA & Deductions of Local Union Dues – Principle vs $$ (Peterborough 00008)
The Local: Last January, the UTE magic boxes were made available to each local for sale with a portion of the profit going to ICA. The locals were advised that the cost was $15 per box and that the money would be deducted from the local dues. The local commented that the issue was not concerning the amount of money but on the fact that the money would be taken from the local dues. The local returned the boxes to the National Office. The local then referred to UTE By-Law 5 (3) ‘dues shall be due and payable monthly to the local’.
Campbell: 1st Vice-President responsible for finance responded that this method was used before, but that they will not make any deductions from the dues in the future. Nevertheless, these boxes will still be for sale at the local and $5 of every sale will be donated to ICA.
GUEST SPEAKER
President Bannon introduced Brother John Gordon, PSAC National President saying that Brother Gordon had been assigned to UTE bargaining unit as the AEC Officer. Brother Gordon started his speech with the importance of solidarity and mobilization for collective bargaining and political action. Successful negotiations involve many people such as the negotiator, the research officer, staff from many sections and components of the PSAC, the members etc. It is essential that members take an active part in the collective bargaining process from the start through the end. Brother Gordon expressed his concern about the ever-present possibility of a federal election and the necessity to be ready to support bargaining and defend quality public services during an election by lobbying candidates and mobilizing the members to elect the government that would be supportive of the important role of public service workers. Brother Gordon concluded by thanking Sister Bannon for inviting him and went on to say that the whole bargaining process was under way and that he encouraged all components’ locals to move forward together in one force and in solidarity as it is how we would win the battle. Brother Gordon answered a few questions from the participants.
Sister Bannon advised the locals that the PSAC has issued brand new membership cards for over approximately 130,000 members. Today, we will give you the cards that have been returned to us because there was no address or the address was wrong for you to bring back to the members to obtain the information and give them their new card. The correct address should be sent to Sylvie Bastien at the National Office.
2. Collective Agreement Article 58.01 & Adjudication Case Mary Ball vs CRA (Peterborough Local 00008)
The Local: Referred to the Mary Ball grievance with respect to performance reviews where the employer assesses employees based on competencies and quotas. The case went to adjudication and was heard in September 2006 and was dismissed. The local wished to have Brother O’Brien comment on the issue.
O’Brien: Sister Ball filed a grievance based on the fact that the employer was using numeric quotas and competencies in her performance appraisal (which have nothing to do with her assigned tasks) and that they were violating the collective agreement. This grievance was dismissed at adjudication as adjudicators are loathe to intervene in matters of performance assessment. Discussions have also been held with the PSAC to determine what further actions, if any, could be used to address these issues. The PSAC has been unable to date to provide any concrete directions.
Brother O’Brien suggested that with the bargaining coming up that it would be a prime opportunity to try to alter the collective agreement and to challenge those unfair performance appraisals. i.e.: no performance appraisal shall contain numeric quotas or standards. He added that LROs could assist the locals with the wording.
Sister Bannon acknowledged that Sister Nycole Turmel, former PSAC National President was present in the room.
3. CPP at 60 & CRA Employees (Peterborough Local 00008)
The Local: Explained that to be eligible for a pension, a member must stop working by the end of the month before the pension begins and not be working during the month in which the pension commences or, have low earnings, less than $863.75, in the month before his pension begins and in the month it begins.
At the local, there is 10% of our UTE members collecting CPP that received different information/advice from Human Resources and that furthermore a fraud charge was laid against a member applying these rules.
The local suggested that we should all, when the time comes, ask the employer for a signed document with specific directions on how to apply for CPP. The information to our membership across Canada has to be consistent.
President: This issue will be addressed with CRA.
Brother Campbell assumed the chair while President Bannon left to attend the retirement reception for Michel Dorais, former CRA Commissioner.
4. Accountability Bill (Ottawa ITSO Local 70009)
The Local: Explained that management was using this bill as an excuse to justify the decisions they are making. They are becoming more and more aggressive in trying to meet their objectives and that consequently they are asking more and more from the employees. The local would like to know if this behaviour had been noticed across the country where the employer was being more aggressive in trying to meet his objectives. No other local commented on the issue.
5. Duplication of Information – Emails (Ottawa ITSO Local 70009)
The Local: Stated that the same information was provided from too many sources and wanted to know if something could be done to avoid duplication of information coming from the National Office?
Campbell: This issue was discussed this week at Council and we will look into this.
6. Harassment Complaint – Employer Policy (Ottawa ITSO Local 70009)
The Local: Would like to get a follow-up on what is done after a complaint is filed because it takes months before the employee even receives an acknowledgment letter.
Paquette: Sister Paquette, advisor to the UTE National Harassment Committee commented that the Committee tried to have an investigation process in place for when a complaint is being filed included in the policy but without success. We have been advised verbally that the policy would be revised soon. The Committee would try again to have something included in the policy on how to proceed (procedure guidelines) for when a complaint is filed.
The Local: Asked the Committee to provide all locals with the procedure they would propose to CRA in order for the locals to add information to the proposal if necessary.
Paquette: Went on to say that they have a chart that contains confidential information that can’t be shared with the locals. She invited the locals to send her at the National Office any information or examples with respect to the problems encountered with the process of the complaints for her to add these issues to the chart and present them to the employer. Sister Paquette added that she was planning to work with Sister de Aguayo’ following her presentation to this body last September on what is not harassment. However, they will not write the specifics of what is or what is not harassment as they depend on the context of each case. The document will be made available to the locals in a month or two.
7. Changes to CRA’s Staffing Policies (Saint John Local 60005)
The Local: Brought this item because there have been a few significant changes to the employer’s Staffing Policies such as the implementation and introduction of PQPs, the observe and attest activities and the management of determinate staff. They have been told of these changes either by the employer or by pure chance. The issue was that they would have preferred to learn about these significant changes by their union. They would appreciate next time that a bulletin be issued on important matters like this one because often the Staffing Committee minutes go out after the fact?
The Chair: Commented that the Chair of the Staffing Committee was taking note of the request.
8. National EAP Conference – Update on Feedback Received on Referral Agents (Saint John Local 60005)
The Local: During the EAP Conference of last November there had been discussions on the floor with respect to this issue and asked for an update,
The Chair: This issue was discussed at Council earlier during the week, and the Committee recommendations were defeated. The recommendations would be included in the Executive Council Minutes. The EAP Committee will look at this again and bring back further information at the June Council Meeting.
Brother Campbell reiterated that UTE’s position has not changed and that Executive members can’t be referral agents.
9. ACS Video – UTE National Officers (Montérégie Local 10017)
Local: Commented that he was surprised to see UTE National Officers on a video shown by management and that the locals didn’t know about it. The local would appreciate to be advised the next time that a video is on its way.
The Chair: Responded that we had been involved in videos in the past with Health & Safety and UMI. Nevertheless, we will keep this in mind for the future.
The meeting recessed at 1700 hours.
FRIDAY, MARCH 30, 2007
MORNING SESSION
The Conference was called to order at 09:00 a.m. with President Bannon presiding. She commented that at the reception for M. Dorais, she met with one of the member of the CRA Board of Management and that he agreed to talk to the other members to try to schedule a meeting with her and the members of the CRA Board.
President Bannon introduced the student, Rachel Gardiner from Newfoundland that UTE sponsored to go with Captain Ed Smith to Cameroon. She invited the participants to feel free to talk to Rachel and Roxanne about their experience.
ITEMS SUBMITTED BY THE LOCAL PRESIDENTS
10. Travel Policy (Montréal Local 10008)
m/s J. Drozd/R. Hinchliffe
Be it resolved that UTE make the appropriate representations upon the Agency to have the travel policy amended in order to make it fair and equitable for employees in major urban centres.
Be it further resolved that UTE demand that any funds disbursed by our members but not refunded by the Agency be repaid retroactively to the effective date of this new policy, i.e. December 4, 2006.
MOTION CARRIED.
11. Designated Members – 25% (Bathurst Local 60006)
With the permission of the participants, this item was postponed.
12. Auditor PM Level (Bathurst Local 60006)
The Local: Gave an historic account of the issue of audit ranges. They had a document stating that the employer would pay acting pay, but management in Bathurst didn’t authorize any payment.
Cassidy: Former Chair of the National Staffing Committee gave some explanations on the matter and informed the participants that a bulletin with clear instructions would be issued.
The Chair: She was advised that the job descriptions had changed and was told by CRA that they had made a mistake by consulting with PIPSC only.
13. Control of Local Dues (St. Catharines Local 00016)
The item was withdrawn by the submitting Local as it was dealt with under item 1.
14. Dress Code (St. Catharines Local 00016)
The Local: Was happy to report that the office no longer has it own dress code. She thanked Sister Bannon and Brother Stein for their help at the national level. The local had filed a grievance at the 3rd level and since the employer didn’t want it to go up to the 4th level he withdrew the grievance.
The Chair: Confirmed that she had talked with the employer and agreed that where there was a national policy, they have to implement it locally as well.
15 Pay and Benefits / Maternity Leave (St. Catharines Local 00016)
The Local: Members are being told by Pay & Benefits not to start the paper work until the person gets back to work.
The Chair: Asked the local to send all information to the National Office as she and Brother Mulvihill are still sending information on specific situations to Lysanne Gauvin to get this resolved.
16. Participation on Selection Boards & Union Affiliation (Peterborough Local 00008)
The Local: Referred to a resolution passed in 2000 stating that members are not to participate on selection boards unless this task is part of their job. In 2001 UTE Bulletin 09 was issued on the same matter. The local want it to know if it was still the will of the participants to maintain our position.
The Chair: Asked all those in favour of our position as outlined in Bulletin 09 to please show by raising their hand.
On a show of hands, the vast majority agreed to our position as stated in the Bulletin 09.
It is an item of discussion for Council and they will decide if it needs to be re-issued.
REPORT OF THE NATIONAL COMMITTEES
The Bargaining Committee made a presentation with the assistance of Sister Theresa Johnson, PSAC, Modernization Act Coordinator. Brother Lalancette drew attention to the participants of the documents available in their kit with respect to the 2007 bargaining process. He also mentioned that the National Bargaining Committee, together with the Chair of the following Committees: National Health & Safety, EO, Staffing and WFA, would be meeting from May 14-17 to review all the bargaining demands received. Brother Lalancette stated that the notice to bargain will go out on July 1st and stressed the fact that the locals should start now to put in place their bargaining committees, their strike structure committees, the revision of their members’ list and also the list of the persons responsible for the picket lines, etc…The sooner we get organized, the better the results. He concluded by advising the locals that they can consult the website and subscribe to get the information directly. There would be a promotional article available for all the members before July 1st to be displayed at the workplace on July 3rd. He then passed on the microphone to Sister Johnson for her presentation. The locals will be sent the PowerPoint presentation electronically.
The meeting recessed for lunch.
The meeting was called to order at 1:00 p.m. with President Bannon in the Chair.
President Bannon invited the Political Action Committee Members to report on their activities. Brother Stein, Chair of the Committee, introduced the members as follows: Brother Cosimo Crupi and Sister Annette Melanson. The Chair congratulated the Summerside Local on their excellent political action taken with their MPs and their community regarding the Visitor Rebate Program cuts and stated that all locals must support political action, even when it affects only one local. The Chair acknowledged that there was nothing positive in the federal budget for the federal public workers and that the liberal party killed the anti-scab legislation by changing their support at the 3rd reading. The PAC will identify the MPs that had changed their vote and there will be a package and a letter put together in approximately one week from the National Office for locals to present to their respective MPs on this issue.
The Chair: Confirmed that locals would receive a bulletin from the National Office outlining the situation on the GST Visitors Rebate Program and a letter that will be addressed to their MPs. Both documents are being put together and translated as we speak.
Summerside: Reminded the locals that when they deliver the letter to their MP that Summerside were promised that there would be no jobs lost. The local knows for a fact that they lost 40 indeterminate positions and that approximately 45 terms employees will not be employed in Summerside as a result of the elimination of this program. The local had met with local MPs and were told that the program could be contracted out through companies such as Global Refund Ltd. which raised great concerns for the locals.
Mulvihill: Staff member on the Technological Change Committee (TC) explained that he had been advised by the employer that this work would stay in house and that if any local had received information to the contrary to please advise the Chair of the TC Committee.
The Chair: Asked the 55 locals to let their RVP know if their members hear of contracted out rebates.
ITEMS SUBMITTED BY THE LOCAL PRESIDENTS
17. Full-time/Part-time Employment and Duty to Accommodate (Peterborough Local 00008)
The Local: Referred to a case where a member had filed a grievance to keep her full-time status even if she was working 25 hours per week due to illness. The grievance was presented to all 4 levels and was referred to adjudication with the hope that this would create some precedent for future similar cases. The Local was of the view that because of a settlement made outside the jurisdictional procedure, there has been no precedent setting ruling. This settlement was beneficial to the individual, but the hope was that a favourable precedent ruling would have been made for all members.
18. UTE/Component Scabs / Designates and the Disciplinary Status (Peterborough Local 00008)
Local: Drew attention to the fact that the PSAC NBoD at their last February meeting decided that there would no longer be disciplinary measures following the 2004 strike for scabs/designates that have not paid their 25% and that by doing so, they did not honour both the UTE and PSAC Constitution. He added that Sister Bannon had asked Sister Turmel to provide the list of designates and that Turmel agreed, but that to this, day no list had been made available to UTE. The local suggested that UTE should have its own hardship fund since the PSAC has not made all efforts to discipline these people. The local asked why should we collect the money from our scabs/designates and give it to the hardship fund of the PSAC, while other components don’t discipline their scabs/designates.
Would it be possible that designated members that have not paid their 25% not be designated the next time around and that they be on the picket line with the others?
The Chair: Responded that it might be feasible and that this could be negotiated with the employer.
The local would like an interpretation of the Constitution from Brother Gordon of Section 25 sub-section 5 (O) and sub-section 6 as to know if any member can lay charges against a Component President or PSAC Officers that do not uphold the PSAC Constitution.
President Bannon took note of the request.
Point of privilege – N. Stein
Brother Stein was of the view that the monies paid by our designates should be refunded to us.
m/s N. Wenzel/S. Redd
Be it Resolved that we ask the PSAC to refund to us the monies paid by our designated members during the last strike.
MOTION CARRIED.
REPORT OF THE NATIONAL COMMITTEES
Sister Bannon invited the Health & Safety Committee to report. The Chair, Brother Aylward introduced the other members as follows: Doug Gaetz, Norbert Wenzel and Lina Ruel. Brother Aylward informed the participants that the first Regional Health and Safety conference was held in Montreal in February and was very well received. The next two conferences in Winnipeg and Moncton will be held in April and May.
He also gave a short summary of a presentation on “Pandemic Preparedness” given to the National Health and Safety Policy Committee by Patricia Huston, MD working for the Public Health Agency of Canada. He told the participants that their Health and Safety Workplace Committee should be discussing preparedness plans at the local level. He also answered a few questions from the floor.
The Montréal Local took the opportunity to address item 19 while the committee was reporting.
19. Occupational H & S in the Workplace (Montreal Local 10028)
The Local: Asked for a follow-up on the resolution passed at the last March 2006 Presidents’ Conference.
Be it Resolved that the Executive Council and the Health and Safety Committee pressure the Agency to modify its policies on Threats and Assaults so that they can address the concerns raised at the March 2006 Presidents’ Conference.
The concerns were:
- The court procedures be limited to the Agency and not against the employees who follow the Agency guidelines and properly execute their duties as employees of the Agency.
- The Agency fully assumes the responsibility of the follow-up to these matters through the security head of the TSO Local, including legal and criminal investigations.
- That the complaints which are laid by our members be treated by the Royal Canadian Mounted Police (RCMP) irrespective of place of residence.
Aylward: Confirmed that this issue was brought to the employer and that the abuse, assaults and threats policy was amended. The local appreciated the amendment but asked that further proper actions be taken with respect to the Montreal situation. Brother Aylward asked the local to provide specific information on what happened in Montreal and the committee will bring the issue forward to the employer.
20. CRA Development Opportunities List (Surrey Local 20029)
The Local: Asked how many locals have Local Development. Only a few regions signified.
The Chair: Suggested to the locals to bring the issue to their manager and to their RVP and to have something in writing in the UMC minutes explaining why management is not using the proper staffing process and also ask them if they have the authority to proceed the way they do. In this manner, it will enable the RVP to bring written information to the Assistant Commissioner.
Montérégie: Added that when members are in these development programs, they do not pay union dues and they become excluded (even though they do union work) because the employer considers this as being training. The local had brought this issue to the National Office and also to the PSAC and nothing happened. The local stressed the importance of following established criteria to have a member excluded.
The Chair: Asked Brother Brunette to email her all the information he has on the subject and to cc Sister Pierrette.
21. Air Canada (Surrey Local 20029)
The item was withdrawn by the submitting local.
22. Liability Insurances for the Locals (Halifax Local 80003)
The Local: Asked if the locals were covered under the Component Insurance in the event that a member would sue a member of the executive.
O’Brien: Senior LRO confirmed that the Components and the staff were not covered under the PSAC plan.
The Chair: Added that we would look at the policy and get back to the locals.
23. Compensation Issues (Halifax Local 80003)
The Local: Asked if the National Office kept a record of these issues and could they get a copy of the report?
The Chair: Confirmed that there was a copy, but would not issue a report.
The Local: Asked when would the employer start applying the guidelines on the recovery of salary re-payment?
The Chair: She suggested that the local have the director or staff relations officer to get in touch with Jane Dillon directly.
24. Client Service Confidentiality for UTE Members (Vancouver Local 20027)
The Local: Expressed their concerns on the fact that people can hear other people’s conversation.
A local explained that they dealt with the problem by having management assigning rooms for people.
This situation happens also in other locals.
The Local: Referred to a document made available to the participants on the issue and invited the locals to share the information with their members. He summarized the situation by saying that Correctional Service Workers would be able to retire without penalty after 25 years, regardless of age, and will no longer pay the 1.25% additional employee contribution. (See link for more information)
This announcement opens the door for our CRA members to seek better retirement provisions and that we should not accept the answer that a component can’t negotiate improvements for their retirement package. We should pursue any avenue with the PSAC.
The Chair: Confirmed that this decision was made in May 2006 and was not in effect as there were many aspects to take care of before it is implemented. The PSAC has a resolution of record dealing with the reduction of years for a full pension. UTE also had a resolution at convention that went to the PSAC Convention. She is working on the issue and will follow up with the PSAC.
26. Client Service Contact for Employees (St. Catharines Locals 00016)
The Local: Stated that this year, they were given by their director a 1 800 number instead of a personal contact to deal with their personal tax matters or any questions.
The locals had a brief discussion on the issue.
Some locals disagreed that employees should have a personal contact name and stated that they should be treated like any taxpayers.
The Chair: Asked how many locals have a personal contact name? St. John’s, Charlottetown and Montreal answered on a show of hands. She suggested that the issue be brought to the local or regional levels.
An observer commented that members could call 1 800 and make an appointment to meet with someone in Client Services if need be.
27. Presenteeism – sick people coming to the office (Peterborough Local 00008)
The Local: Read information that he had in hand on the subject. He then went on to explain that there could be situations where the employer would tell the employees to go home because they are sick, that they will not produce at 100%, that they will spread germs and get other people sick and that still the employees won’t go home often because they do not have sick leave or they don’t want to use their sick leave.
The local commented that the amount of sick leave that was going back to the employer with the retirees was so high that the chances for the members to get buyouts were improbable.
Could the Health and Safety Committee look at the situation vs the pandemic situation?
The Chair: Appreciated the exchange on the issue and mentioned that it was brought up before at the Health & Safety Policy Committee meeting. She will approach PIPSC to see if they could come up with a position.
28. Harassment follow-up to September Presidents’ Conference (Peterborough Local 00008)
The local withdrew the item with permission.
The meeting recessed at 1700 hours.
SATURDAY, MARCH 31, 2007
MORNING SESSION
The Conference was called to order at 09:00 a.m. with President Bannon presiding.
29. Phased Retirement and Annex 5 of Budget (Charlottetown Local 90002)
The Local: Wanted to know if the pension would be affected by this motion or was it aimed only at private employers?
The Chair: Invited Brother Stein to comment on the issue as he was given the documentation as Chair of the WFA Committee.
Stein: Acknowledged that this issue was fairly new and that the details were forthcoming. He added that there will be regulations and policies put in place before this could be implemented and that it will take a while. He mentioned the fact that in the documents, there was no reference to the Superannuation Act at all. He went on to suggest to President Bannon that she ask the employer if this proposed legislation applies to federal government employees covered by the Superannuation Act and that then, we could pursue further.
SPECIAL PRESENTATION
President Bannon invited the By-Law Committee to report. Brother Alward introduced the Committee Members: Brothers Sabri Khayat, David Quist and Kent MacDonald. Brother Aylward explained that it was the first time that the Committee prepared a presentation on what should be included in the by-laws.
The By-laws Committee presentation was in Power Point format. (A copy is available on our Website.)
The objective of the presentation was twofold as follows:
- To ensure that Local By-Laws are in accordance with UTE By-Laws; and
- To provide suggestions to achieve consistency within Locals By-Laws.
The underlining premise is that Local By-Laws must be in compliance with the following:
UTE BY-LAW 7, Section 4:
Each Local shall adopt By-Laws for the conduct of its affairs consistent with the provisions of these By-Laws and the Constitution of the PSAC.
UTE BY‑LAW 19, Section 1:
Nothing in these By-Laws shall be construed to conflict with the Constitution of the PSAC.
The presentation referred to the following areas in local by-laws that should be reviewed the: index, structure of locals, election of officers, election/selection/appointment of locals stewards, vacancies, financial items, amendments, discipline, dissolution, definitions, general provisions and regulations.
President Bannon thanked the By-Law Committee for a well done presentation.
SPECIAL GUEST AND PRESENTATION
President Bannon introduced Captain Smith from the International Children’s Awareness (ICA), Roxanne Lodge, UTE member and Rachel Gardiner, the student that UTE sponsored.
Captain Smith started his slide presentation saying that he recognised lots of faces and that he was starting to feel like he was becoming a member of UTE. He went on to explain that ICA was a non-governmental organization and that it believes in fundamental rights of humanity which includes rights to education, health care and potable water. He invited all participants to go on their website for more information. He then invited Roxanne and Rachel to talk about their experience in Cameroon.
Roxanne and Rachel thanked UTE for the opportunity to join Captain Smith to live a great experience and to have the chance to make a difference for these people.
President Bannon commented that Council had passed a resolution last September to sponsor a member of UTE and to fully fund a student to go to Cameroon with Captain Smith. A letter will be sent out to the membership asking the members for their support for ICA through United Way payroll deductions or donations. She added that she would contact Captain Smith to ensure that the money is coming through.
Sister Vicky-Lynn Smith advised the participants that she was collecting eye glasses that were not used anymore for Captain Smith to bring with him to Cameroon.
The slide show (48 Mb) would be available on UTE website and a CD could be provided to the locals.
President Bannon offered as a small token of appreciation a few gifts to the three guests.
Recess for lunch.
The meeting was called to order at 1315 with President Bannon in the Chair.
Point of Privilege – J. Kosiba
m/s J. Kosiba/B. Stewart
That UTE cover the mileage and the per diem expenses for Captain Ed Smith and that the hat is passed to collect money to be donated to ICA.
MOTION CARRIED.
Sister Bannon invited Brother Aylward, Chair of the National Health and Safety Committee to provide additional information after having received an email during the morning.
Brother Aylward read part of the email received further to previous consultation with Sister Ruel and himself where management was now ready to officially launch the CRA Y189 and HRSDC’s LAB 1070 for the reporting of hazards and injuries. He added that a new section had been created on CRA National OSH Website entitled Reporting Hazardous Occurrences which provides links to the T4009 package including the form and guidelines for completion and a quick reference chart. The document was now available on Infozone. In addition, managers will be provided with additional information regarding the new form during the Health and Safety Training for Managers course. The Workplace Committee Training course had also been updated to include references to the T40009.
Brother Campbell informed the participants that there would be at the end of the session a draw for three (3) UTE 40th Anniversary Jackets and four (4) T-Shirts.
ELECTION OF THE LOCAL PRESIDENTS’ TSO REPRESENTATIVE ON THE NATIONAL STAFFING AND WORKFOCE ADJUSTMENT (WFA) COMMITTEES.
National WFA Committee
President Bannon called for nominations.
Adam Jackson, Kingston, was nominated by Annette Melanson and seconded by Dave Miller.
President Bannon declared the nominations closed.
Brother Jackson was acclaimed to the National WFA Committee.
National Staffing Committee
President Bannon called for nominations.
Marc Brière, Laval, was nominated by Colette Fortin and seconded by Brad Feraday.
Penny Kramer, St. Catharines, was nominated by Janet Graham and seconded by Greg Reid.
Marvin Engel, Regina, was nominated by Gwen Jackson and seconded by Janet Albinet.
President Bannon declared the nominations closed.
Marc Brière was elected to the National Staffing Committee. Brother Brière thanked all the TSO Presidents for electing him and added that he will give his very best not to disappoint them.
m/s Rita Hinchliffe/Esther Burt
That the ballots be destroyed.
MOTION CARRIED.
ITEMS SUBMITTED BY THE LOCAL PRESIDENTS
30. Visitor Rebate Program (Summerside Local 90006)
The item was withdrawn by the submitting local with permission of the floor.
31. Leave with Income Averaging (Bathurst Local 60006)
The item was withdrawn by the submitting local with permission of the floor.
Point of privilege – J. Kosiba
Brother Kosiba advised that the amount of $ 900.00 was collected for ICA.
The point of privilege was well taken by the Chair.
32. CR3’s in Estate & Trust (Kingston Local 00011)
Local: Brought this issue to inform other locals that CR3’s had found, after looking at the short format of the job descriptions, that the clearance certificates that they were processing were contained in the CR4’s job description and that they would like to receive the acting pay.
The Chair: Asked if there was other locals experiencing the same situation? No.
She added that the locals should talk to their CR3’s and have them verify if the clearance certificates were removed from their job descriptions.
In Burnaby Fraser, it has always been done by CR4’s.
33. Corporate Tax Administration of Ontario (Belleville Local 00012)
The Local: Was looking for updates on this issue from the Chair.
The Chair: She addressed the participants saying that the CRA has taken over the collection of CTAO and that this change involved only the locals in Ontario and probably not all of them.A MOU was signed last year between CRA and the Province of Ontario on how the negotiations would proceed. UTE told CRA to make sure that the members transferred over would not lose any of their leave or benefits as per the collective agreement. Both parties are currently negotiating the Human Resources agreement that includes the number of people affected, the location where they will be transferred, what benefits they will be allowed or not allowed to bring with them, how the jobs will be staffed, etc. She confirmed that a conference call was scheduled for next week and that she may not be able to give the locals any news right away, but reiterated that she would get back to them regarding the outcome.
The Chair reconfirmed that there would be no issue with respect to who will be the representatives of these members since they will be transferred from a province and not from a federal department and that they would be considered as new hires. They would either be under our collective agreement or PIPSC.
Her understanding, as well as that of OPSEU was that there has been a meeting between the provincial and the federal government whereby both parties agreed that, for example: if members have 15 years with the province, they would keep their 15 years pensionable with the province and they would start at year 1 with UTE or PIPSC under the Superannuation Act.
35. OSH in workplace and Legal Actions Against members (Montréal10028)
The item was withdrawn by the submitting local with permission of the floor as it was previously discussed.
36. UMI (Peterborough Local 00008)
The Local: Wanted an update on the issue.
The Chair: The rolling-out has started and the trainers have been trained. We heard that in the Pacific, PIPSC had withdrawn due to staff relations issues they had with the Commissioner. UTE will not train PIPSC members. She added that management had established time code 069 for UMI training.
A few locals have commented that UMI was under way and that the initiative was very positive.
ITSO stated that management had difficulties with members that consulted the union instead of their supervisor.
The question was raised about what we do with new managers or members who start in a new location. How do we know if they had UMI training sessions? The Chair responded that this was an issue that the local committees would have to discuss.
Campbell: Member of the UMI National Steering Committee commented that further to previous discussions, the Pacific Region was back on track with respect to PIPSC involvement in the process and that management would train the PIPSC trainers. He added that the plan was that when the training of the trainers would be completed, the local committees would still be active in ensuring that the training of the members would go on efficiently. Furthermore, a follow-up course would be available to make sure that UMI is used.
President Bannon announced that Madonna Gardiner had been elected as Alternate RVP for the Atlantic Region and that John Kosiba was elected Alternate RVP for the Northern and Eastern Ontario Region.
REPORT OF THE NATIONAL COMMITTEES
The Staffing Committee provided a brief update on the Agency Classification System. On March 28th, 2007 the union was provided with a copy of the updated Standard as well as the Gender Neutrality Study. The Employer has asked the Union to provide any comments of the Gender Neutrality Study no later than April 30, 2007. The standard has been determined to meet the test of gender neutrality. Both the Qualitative and the Quantitative analysis have verified this. There were a few small points that indicated some potential issues but the employer has addressed these concerns in the final draft. The CRA advised they were hoping to have AMC approval by June.
The Committee then went on to provide a brief description of the work of the two working groups that were created upon the recommendation of the CBHRMAC:
Competency Consultants - This working group was mandated to review the existing role of the Competency Consultants, with the intention of modifying the role to reflect that of an “advisor to the competency assessment process” rather than an “evaluator” with final decision making authority.
Job Competency Profiles- This working group was mandated to complete a ‘global’ review of the existing JCPs and their current role within the Agency’s CBHRM regime.
Reporting back to the CBHRM Advisory Committee and in turn the Assistant Commissioner, Human Resources Branch and the Agency Management Committee to provide recommendations on the following:
- Re-define the process to establish a JCP, aiming for the process to be completed in the shortest time possible;
- Establish an appropriate number of competencies to be included in a JCP, encompassing all of the CBHRM Atom;
- Determine if technical competencies should form part of JCP;
- Determine if organizational competencies should form part of the JCP;
- Review and determine if there is a need to establish a distinct JCP for the different aspects of the CBHRM Atom (i.e. base profile for staffing, base profile for T&L, base profile for Performance Management etc);
- Review existing JCPs to ensure levels are consistent between similar jobs and threshold levels are obtainable;
- Review the need for a “stretch” level in a competency, again considering all aspects of the CBHRM Atom;
- Recommend options for situations where threshold levels are not attainable without first doing the job. (i.e. first line supervisor positions);
- Continue the review of the Competency Catalogue to determine if any competencies should be removed;
- Recommend suggestions for communicating and educating all CRA employees in regards to competencies and the changes recommended by this group.
The Committee advised the Conference that the recommendations for both working groups were being presented to the CBHRMAC the week of April 16th. The Committee will provide a copy of the accepted recommendations to the locals once they are received.
President Bannon invited the Honors & Award Committee to present an award. Brother Dupuis, Chair of the Committee introduced the other members of the Committee. Sister Sarah Redd and Brother Denis Lalancette. Brother Jerry Dee was absent.
The Committee was proud to present Sister Penny Kreamer with a 25 year UTE pin in recognition of her good work as a unionist with UTE and other organizations in the Ontario Region.
President Bannon moved up the following item for discussion.
37. Federal NDP Statement re. Electronic Filing of Tax Returns
The Local: NDP Leader Jack, Layton advised the government that they should have a rebate for people that send their tax return by email and that they should provide free software to Canadian.
The Chair: Emailed Mr. Layton as follows:
"As an NDP member and National President of the Union of Taxation Employees representing over 26,000 members who work for the Canada Revenue Agency I am very concerned with your reported comments that Canadians should file their Tax Returns electronically to assist in the sustainable development of our Country. All be it, I agree on the issue of saving our planet where we can, we must also consider the impact of what we say and do on working people.
If all Canadians filed electronically it would have a devastating effect on many of our members due to loss of their jobs. Most of these members are Term employees, female and are at the lowest end of the pay scales. They range from those who open the mail, deliver the mail, input the data on the tax returns, file the tax returns for storage etc. I suggest that your thoughts were not on them when your comments were made. I can suggest to you and your colleagues that prior to making comments that have anything to do with the Tax system or our members that someone from your office gives us a call. We are more than willing to work with you for the betterment of our members and the Canadian public".
38. Family related leave (Lethbridge30027)
The Local: Would like to see additions to the parameters of this leave as far as what could be covered under this leave Ex.: Members going through divorce being able to take time off to go to legal appointments, therapy or counseling appointments etc.
The Chair: Suggested that the local present a bargaining demand and inform them that they had 22 minutes left to do so as the deadline was 5:00 p.m.
39. Term Contract Letter (Surrey 20029)
The Local: Read part of the letter as follows: You must be able to commit to the contract offered which run from (the date). You will be considered not available for an other offer from any other pool until the end of the contract date.
The local was in the view that the wording needed to be changed to include that people can apply for other positions.
To the question: Have other locals seen this letter besides Surrey and Sudbury? A few locals answered positively.
ITSO commented that the employer came up with this letter so people would stay in that job until the end of the contract. Before this contract letter, people would get the training and leave for another job. The local stressed the importance of proposing an alternative to the employer.
The Chair: Suggested that the Local President send in the template of the letter to Sister Cassidy and the Staffing Committee would deal with this issue nationally in order to have a consistency across the country.
President Bannon reminded that the deadline for submitting Bargaining Demands was 5:00 p.m.
Brother Campbell drew the first names for a t-shirt and the winners were: Mavin Engel, Regina, Adam Jackson, Kingston, Debbie Ferguson, Saint John and Cecil Stoyles, Newfoundland.
He then drew the names for the 3 UTE 40th Anniversary Jackets and the winners were: Madonna Gardiner, Newfoundland, Hicham Youssfi, Moncton, and Johann Ackermann, Surrey.
CLOSING REMARKS
President Bannon commenced her remarks by thanking both Rachel and Roxanne for coming to Ottawa and taking the time to be with us to share their experience in Cameroon. She went on to say that there was lots of work ahead of us with the bargaining process on his way. She asked the Local Presidents to talk about the bargaining process and about the consequences of a strike. She stated that our component had been the most organized, effective and the most militant and that it also had the highest participation in a strike vote. She went on to say that conferences, like this one, would help the members to share their experiences and talk about planning and strategies and that the best thing that UTE did was to start these conferences. She concluded by inviting the participants to come the next day and attend council, as observers to see what was achieved by the members of Council. She wished everyone a good trip home.
The meeting adjourned at: 5:00 p.m.
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