THURSDAY, SEPTEMBER 26, 2013
AFTERNOON SESSION
CALL TO ORDER
The meeting was called to order at 1:15 p.m. Bob Campbell, President of the Union of Taxation Employees, presided and the session opened with the song Solidarity Forever in both French and English.
President Campbell asked the delegation to respect a moment of silence for members who have passed away since the last conference.
President Campbell went over the Harassment Policy and introduced the Complaint Administrators: Jamie vanSydenborgh and Lyson Paquette. He introduced the members of the staff from the National Office present in the room, and then asked the Local Presidents to introduce themselves. The members of the Executive Council were then introduced.
The CPR attendants were presented as follows: Janet Albinet, Bob Campbell, Susan Duncan, Doug Gaetz, Denis Lalancette, Kent MacDonald, Pierre Mulvihill, Shane O’Brien, and Alex Thon.
New Local President since the last Presidents’ Conference
Samantha Cooke – New NCR Local formed this week by Executive Council
Patrick Ferguson, Regina
Ken Bye, Barry
Debbie Willet, St. Catharines (Acting President)
Marc Cloutier - Laval
Christian Vallée - Montérégie
Kailah Dyer, St. John’s TSOPresident Campbell announced that we have a new Local in the National Capital Region and that Sister Samantha Cooke will be representing the local until their first Annual General Meeting.
He commented that a banner will be circulating to be signed by everyone. The banner will then be given to the bargaining team to bring with them at the table to show the employer our members’ support.
He also mentioned that there were two representatives in the hall from AGR Home and Car Insurance Program in partnership with the PSAC to distributed information on their services. They will have a draw of an Ipad the next day.
HOURS OF SESSION
M/S Richard Hyatt / Wayne Little
That the hours of session be as follows:
Thursday: 01:15 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 closure of business
MOTION CARRIED.
ADOPTION OF AGENDA
(See attached agenda, participants list and Items submitted by the Local Presidents)
That the agenda be adopted with the following additional items:
Medical Dental Leave - Kitchener
Potential PSTAR Pension Class Action Suit - Toronto East
Selection Process for Indeterminate - Saint John
National Regional Boycott - Montreal
New ‘AGM $150 Gift from National’ Policy - Toronto East
MOTION CARRIED.
OPENING REMARKS
President Campbell started his remarks by saying that he keeps on repeating that we have to work all together, respect each other, stop the inside local fighting and focus on issues that need all our attention such as the WAAA Campaign and supporting the Bargaining Team.
He reiterated the protocol for Locals that encounter problems by saying that they should advise their Local President who will then contact the RVP, if necessary, for help or additional advice. The Local Presidents should not be contacting the National Office, neither should they contact CRA Management. The National Labour Relation Officers (LRO) at the National Office have been instructed to refer members to their local.
He went on to inform the participants on different topics as follows:
At the last Presidents’ Conference, we were asked to move the Conference to the month of April. Sister Melanson explained that the conference couldn’t be changed for next year as the conference would conflict with other regions school break during the two first week of April and also that the Easter Holiday was in April. Furthermore, next year is the convention year and the submission of resolutions is scheduled for the last business day of the conference. By moving the conference in April, it will not give the National Office enough time to prepare the book of resolutions, according to the time frame stipulated in our By-Law 9.
PSTAR members from Ontario that have received a payment with a mistake within 5% of what the actual figure is should be filing a complaint right away as the timeframe is very important to do so. He asked the locals to send to the National Office the names of members in that position and they will be forwarded to CRA.
Special attention should be given to PSAC XO/28/13 on Payments from Locals to Members.
- Honorariums – normally paid to officers of the local.
- Disposal of union general or strike funds to members either in the form of cash or gifts.
While payments of these types may be legitimate in certain circumstances, they must be mandated by decision of a general membership meeting that has been properly constituted and advertised.
Moreover, any payments made (including gifts) must be accompanied by a T4 and included in income for income tax purposes.
President Campbell asked specific locals to stand up and thanked them for having helped and supported the bargaining team. He said that it was not acceptable that only 31 locals out of 56 responded to the National Office call to show support to their bargaining team by doing something special of their choice.
With respect to the WAAA Campaign, PSAC was looking to have 7000 canvassers across the country and so far they have 600. UTE has collected over 4,800 cards. Our goal is to have 20,000 cards signed by December 1st in order to show management what the membership can do at the National Union Management Consultation Meeting on December 5th. With the bargaining process going on, it’s the perfect time for you to talk to the membership and explain what we do for our 27,000 members and take this opportunity to have them sign the cards. He mentioned that the CLC was having their campaign as well.
A National Grievance Course will be held in October in Ottawa and the participants have been chosen.
All locals should have members to sign their union card in preparation of our next convention. It’s the total number of members per local that determines the delegate seats at convention.
Brother Brière gave to the participants a stress ball and stickers together with a letter explaining the purpose of doing this. The National Office will be mailing next week enough balls and stickers to the locals for each member of UTE.
Members who wish to attend the National PSAC Equity Conference as an observer may apply as a Non-UTE Event.
On the issue of Access to Information, he reiterated that members should be advised not to access any taxpayer files that they are not supposed to. The Discipline Policy and Procedures clearly demonstrate the consequences for breaching the expected standard of conduct. Unauthorized access to taxpayer files will result in serious disciplinary measures, including termination of employment. The CRA Commissioner has no feeling for unions. He stated at the June NUMC that he knows for whom he is working, the Government of Canada.
He extended his congratulations to Brother Wayne Little on his recent election as the Alternate RVP for the Pacific Region.
EXECUTIVE COUNCIL BUSINESS
President Campbell reported briefly on some of the business conducted by the Executive Council earlier during the week. (For additional details, please see the attached Executive Council Minutes and Committee Reports of September 2013).
Executive Council Meeting:
Adoption of the following items during the week:
- A donation of five thousand dollars ($5,000) to the Red Cross Lac-Mégantic Relief Fund; and that this money comes out of surplus.
- A donation of five thousand dollars ($5,000.00) to the Red Cross Calgary Flood Relief Fund; and that this money comes out of Surplus.
- Overspending line item for the “Mental Health Conferences”.
- For the Regional Mental Health Conference that will be held to replace the canceled Calgary June 21st to 23rd, 2013 conference, that UTE Regulation 13.5.1 be set aside. Travel grants to Locals will be the cost of two (2) times the Flex Airfare for all Locals that had previously sent observers to this conference. For Locals who did not send observers to this conference, the travel grants will be the cost of one (1) time the Flex Airfare.
- Transfer of $6,000.00 from the line item “Telephone, Fax & Internet” to the line item “Office & Travel Insurance” in the 2013 Budget to pay for the increased cost in travel accident insurance coverage.
- Overspending $4,744.04. from line item "Retirement Leave"
- When, in a given year, there is no student to go to Africa with the ICA, that the UTE provide the ICA with the sum of roughly $5,000.00 (Such as the current resolution); and when, in a given year, there is no member to go to Africa with ICA, that UTE provide ICA with the sum of roughly $2,500.00 (Such as the current resolution).
- When members encounter situations of violence in the workplace, UTE will advocate to members that they should file a complaint pursuant to Regulation 20 of the Canada Labour Code Regulations and the CRA’s Workplace Violence Prevention Policy, along with a grievance; and that UTE will advocate that the grievance should be held in abeyance pending the disposition of the complaint; and that UTE will advocate that harassment grievances and/or complaints not be filed when dealing with complaints of violence in the workplace.
- Creation of a new local in the National Capital Region comprised of the Headquarters Human Resources Branch and the Headquarters Taxpayer Services Debt Management Branch in accordance with the UTE Regulations and By-Laws.
Point of privilege – Wayne Little
Thanked Brother Gaetz for bringing forward a resolution to hold the Mental Health Conference as it is very important for those regions that didn’t have the opportunity to attend last June due to the flood in Calgary.
Point of privilege – Alan Craig OTC
Thanked Brother Campbell for allowing him this year again to have a 50/50 draw to collect money for the Camp OZAM located at Lac des plages in Quebec. The camp is similar to the Tim Horton one with the difference that they don’t get as much funding and donations.
Both points of privilege were well taken by the President.
REPORT OF THE AD-HOC UTE STRUCTURE COMMITTEE
Brother vanSydenborgh presented the members on the Committee Brother Denis Lalancette, Co-Chair, Brothers Brian Oldford, Wayne Little and Ken Bye and Sister Sylvie Lahaie and Sister Annette Melanson.
Brother vanSydenborgh commented that the Committee met on September 4 and 5 to review the current structure of UTE. In recent years, the CRA has made major changes to its operations that affect us all. Amalgamated offices, local union-management relations, grievance representation are examples of these changes. UTE must review its structure and practices to determine whether we need to make changes to allow you to meet and effectively represent your members.
The Committee purchased a large map of Canada to locate all the locals in the country and the Regional Offices and to indicate how many members per locals. This visual exercise made them realize how big Canada is and how far spread out we are.
The mandate of the Ad-hoc Structure Committee is to review the structure and composition of UTE, including but not limited to:
- The UTE Executive Council;
- 2nd National Vice-President position;
- Operating structure and composition of regions and locals;
- Operating structure and composition of locals with members whose CRA reporting structure is virtual;
- Funding requirements for locals from amalgamated offices and for locals with members who virtually report; i.e. grievance representation, committee meetings and inter-executive meeting.
A questionnaire was prepared to get information from each local to help the committee to present recommendations to the December Executive Council meeting.
ITEMS PRESENTED BY THE LOCAL PRESIDENTS
Ottawa Centre - 70004
1. Reasonable Job Offers (RJO) with or without Training Plan -
One of their WFA members was offered a permanent SP6 position and there was no Training Plan attached to the job offer. After 6 months it was recognized that the person couldn’t meet the standards of the position and has been placed since then on an action plan. They were advised by the National Office that this plan mechanism will allow for this individual to reach and meet the job description expectations.
The Sudbury and Summerside Locals have encountered a similar situation.
Kent MacDonald, Technical Advisor on the WFA Committee explained that with any RJO situation, and depending on the individual skills and the job that he is going to, every job should be offered with a training plan as it is considered a new job. There is a difference between training for a new job and re-training that it is obligated for under the WFA provision.
For example, if an affected SP3 is moved to another SP3 position, that individual is already qualified to do the work. He might need in-house training that he is entitled to receive in order to do that specific job.
2. Public Service Week Boycott
They wished to convey the following message from one of their newly recruited Local Executive Officers- that it would have been much more effective to participate in the PSW activities wearing the WAAA t-shirts and they felt that they missed the opportunity to reach out to the membership.
The Charlottetown Local spoke on this item as it was one of their topics as well on the agenda. The Brother explained that there has been frustration among his members and that they did not agree with our decision to boycott the PSW as it was a good opportunity to engage the members. He understands that we support PSAC in their decision, but he would like to know for next year if the majority of the locals present today in the room are in favor of the PSW, if we could be pro-active and let them know that it may not be the right procedure to follow.
President Campbell explained that this issue was brought forward by himself to the PSAC NBoD. A vote was conducted and the majority voted in favor of the boycott. If the Board and the President of the PSAC take a decision, can we as UTE ignore that and go ahead and be involved? The answer was NO.
Some locals commented that they got 3 hours off while others got 30 minutes to attend management activities during the PSW.
President Campbell will call CRA to make sure that all employees get the same leave accorded to them. This is not acceptable!
One local had prepared a flyer showing on one side hot dogs and burritos offered by CRA and on the other side a list of what the same employer was about to do or to take away from its employees such as sick leave, severance pay, doubling the pension contributions without increasing the pension, using illegal legislation to steal away 1% of the negotiated pay increase, just to name a few. After calculation, this added up to approximately
$150,000. When this information was handed out to the members, the turnout was very good and the number of people going to the employer’s BBQ was reduced tremendously. Instead, they had members waving PSAC flags. When the members understand what is at stake, and the cumulative and incremental effects of their employer actions, then they will support our decisions.President Campbell commended the local for their initiative.
3. Terms of Reference for Locally Established Committees
They do not have terms of reference for their committees and asked if other locals would be willing to share them if they do have TORs. The answer was yes and they will be sent to them.
REPORT OF THE UTE NATIONAL BARGAINING TEAM
Brother Lalancette, Chair of the UTE Bargaining Committee introduced the bargaining team: Sisters Dawn Hardy and Robin Johnson; Brothers Pietro Masdea; Doug Gaetz, Sabri Khayat; his Co-Chair, Jean-Pierre Fraser; Sister Lyson Paquette, UTE Technical Advisor; and PSAC Negotiator Brother Morgan Gay.
Brother Lalancette presented a reference document entitled , “The Evolution of Gains from Collective Bargaining”. The document is not for distribution, but will be available on our website.
Brother Lalancette talked about what was going on at the bargaining table, reiterating the comments he made last March that the employer does not negotiate in good faith. He enumerated some of the demands that are on the table such as a salary increase based on what is available in the private sector, a signed contract for a period of 3 years, permanent employment after 4 years to name a few. He thanked everyone that has supported the team and encouraged them to continue to do so. The next meeting is scheduled for October 22-24. Following that meeting, an informative letter will be sent together with a sticker for the locals to be posted in the workplace. He concluded saying that we have to fight if we want to keep what we have obtained so far. The key is SOLIDARITY!
CHARLOTTETOWN – 90002
4. UMA/UMC
They advised that as of last June they have removed their local from UMA because the employer wanted to use it against their members. Since the employer does not want to negotiate in good faith and since their local management does not know what UMA is all about, we may as well not participate. It’s just not working!
There were mixed feeling from the other locals as some agreed with the submitting local while some stated that we should stand together with UMA and not withdraw as it took some time to develop a relationship with management.
President Campbell reiterated that our position is that we are involved in UMA and NUMC. The problem seems to be at the local level and should be directed to the RVP.
5. Union Management Philosophy
Management needs to receive training as well as the union in order for everybody to be on the same page.
President Campbell will schedule a meeting with management to find out what is going on in the field.
6. National Public Service Week
The item was withdrawn by the submitting local.
HALIFAX – 80003
7. Political Action
They commented that they hear about pay in arrears and sick leave, but they don’t hear much from the PSAC on the matter.
President Campbell explained that we are involved with the PSAC to try to get the information out as quickly as possible. It’s not easy though, because there are many layers of people involved who have to give their approval on what is published or said. Sister Benson prepares the information for the press or the media and we send it to the locals. He commented that last March he was proud to announce that Brother Adam Jackson, Chair of the Political Action Committee, was appointed to the PSAC Attack Team. Since then, he has not been called for a meeting by the PSAC because of all kinds of issues that have arisen. The 3 largest unions for the federal government have sent letters on pay in arrears to Treasury Board to contest their actions. UTE, as well as the PSAC, are hoping that they will not go ahead with this decision.
The meeting recessed at 1700 hours.
FRIDAY, SEPTEMBER 27, 2013
MORNING SESSION
The meeting reconvened at 9h00 with President Campbell in the Chair.
President Campbell introduced Sister Robyn Benson, National President of the PSAC and acknowledged Brother Steve Jelly who would be retiring soon. Sister Benson thanked Brother Campbell for inviting her and stressed that she and Chris haven't forgotten their roots, and never will. They have been elected to serve all members from coast to coast to coast, and they will. She addressed the participants saying that like them, she knows that as the Harper cuts take hold, the services that we provide to Canadians will be diminished and members of our society will be worse of than they have been for decades. That's the reality, and it is truer still for the unemployed, the disabled and other vulnerable people. Her message was that we have to continue to be smart, focussed and united.
Smart starts by giving our activists the tools they need to get the job done, whether that job is representing members who are affected, or counting down to being laid-off, or engaging on the political action front.
It means holding the employer to account for every action that it takes that negatively impacts a single member, a work unit or the entire membership. Every grievance that we win is a victory in the face of the Harper assault.
Focussed starts with a common understanding of what we are up against, and building on the strength of our membership and the incredible knowledge that they have about the services that they provide day in and day out. It means putting political action and communications on the front burner with a clear message and a common road map.
United starts with a common understanding from the PSAC and all Component Presidents that we are in the fight of our lives, and are committed to working together under a common banner and plan of action.She went on to talk about our union and the challenges we face in the wake of the Harper majority government and its ideologically-driven anti-union/anti-worker agenda.
Sister Benson answered a few questions from the participants. She was presented a gift from President Campbell as a token of appreciation.
President Campbell invited Brother Steve Jelly from the PSAC Executive Office to come to the front and presented him with a UTE leather jacket to underline the fact that he was retiring soon and to show him our appreciation for the precious help and advice that he has provided UTE throughout the years. We wish him all the best.
Point of privilege - Jerad Cooper
Brother Cooper announced that he was getting married to Sister Kailah Dyer, St. John’s TSO Local President the next day in Brother Campbell’s suite and invited everyone afterward to the hospitality suite for a celebratory refreshment. He thanked everyone involved in making this possible here during this conference.
The point of privilege was well taken by the President.
PRESENTATION BY THE CONVENTION HOST COMMITTEE
Brother Mike Montague, Chair of the Convention Host Committee explained that when he was told by his RVP, Brother vanSydenborgh that Windsor was to hold the next National Convention, he was not too enthusiastic for a few reasons: contrary to past practice, Windsor had not put its name forward to hold the convention; he was a newly elected president; the local executive was new as well and furthermore, the local was experiencing some issues with their local management. He went on to say that his first thoughts were negative as he had fears about the unknown. After being reassured by the National Office of their support, help and guidance in co-hosting the convention and with the encouragement and support from his UTE sisters and brothers during many union events, his negative approach turned to a positive one, and has now the drive and the passion to make it a success. He concluded by saying that Local 00018 was proud to have the opportunity to host the sixteenth convention and welcomed all delegates, observers, staff and guests to Windsor, Ontario, the Labour Capital of Canada.
ITEMS PRESENTED BY THE LOCAL PRESIDENTS
8. Destination 2020 (Blueprint 2020) – Halifax 80003
Have UTE been asked for input on this?
President Campbell’s answer was no, that we were not consulted. He will be writing shortly to the Commissioner to let him know that we are not pleased with the way they are handling this survey. He added that we will not boycott this initiative because we need the members’ comments on the issue.
9. Government (GCWCC)
Where are we were on this issue?
President Campbell pointed out that this campaign has nothing to do with United Way. The issue with GCWCC is that the members do all the work and the Agency gets all the credit. This was brought to the June NBoD as a general discussion item. The fact is, that because we were too involved in the process, it was decided not to boycott the event this time around. Some members of the Board signed the letter from the Employer. He didn’t sign the letter to support the GCWCC campaign and brother Brière, in his absence, sent a memo to the locals explaining our position. At this point, we are leaving the decision to the locals. Sister Benson had a discussion with the United Way in order to set up a union fundraising process for next year.
A few locals when to the microphone to express their point of view that it was important to support charity organizations.
PRESENTATION ON THE VIOLENCE IN THE WORKPLACE
President Campbell asked Brothers O’Brien, Gaetz and vanSydenborg to come to the stage and make their presentation and answer any questions from the participants. The presentation will be sent to all locals next week.
President Campbell announced that the afternoon will be devoted to workshops on Resolution Writing.
The meeting recessed at 1145 hours.
SATURDAY, SEPTEMBER 28, 2013
MORNING SESSION
The Conference was called to order at 9:00 a.m. with President Campbell in the Chair.
Brother Campbell announced that the Burnaby Fraser TSO Local was the winner of the Convention slogan contest: “Yesterday we learned to stand up today for a better tomorrow”. The price was $200 from the UTE Store.
AGR Insurance had a draw for a mini Ipad and the winner was Sister Sandra Cribar, Toronto Centre
Brother Alan Craig announced that Sister Samantha Cooke was the winner of $80 to the UTE store and Sister Rachel Rock of the OTC won the 50/50 draw in the amount of $360.
PRESENTATION BY THE STAFFING COMMITTEE
Brother Adam Jackson, Co-chair introduced the other members of the committee: Brother Sabri Khayat, Chair of the Committee; Sister Madonna Gardiner and Brother Shane O’Brien. Brother Jackson talked about the Staffing Simplification, saying that it would be rolled out on November 1st, 2013. The Ontario region was advised that there will be some training for the union representatives, but have not received any information yet. He went on giving some key points as follows: UTE had some concerns about various ways managers might misuse the staffing options in order to select specific candidates. Their answer was that managers were responsible for their staffing decisions. On the assessment phase, we had concerns that they could change the staffing requirements during the process and we asked that they make it mandatory for managers to reintroduce candidates who meet the staffing requirements. Their answer was that each situation would be addressed on a case by case basis. Brother Jackson went on with a few additional concerns and answers. He concluded saying that Brother Khayat would be having a meeting at the beginning of October and hopefully will be able to provide more information at that time.
President Campbell added that we were trying to get as much information on the simplification and hope to be able to offer a Staffing Course by the end of the year.
President Campbell congratulated two recent graduates from the Labour College of Canada, Sister Dawn Hardy and Brother David Fandrich. He also congratulated the members in the room that have graduated in the past from the CLC and the Quebec Federation of Labour (FTQ) labour schools.
PRESENTATION “WHO KILLED SICK LEAVE” BY DAVID FANDRICH
President Campbell introduced Brother David Fandrich, who gave his presentation on sick leave. The presentation will be sent to all locals.
ITEMS PRESENTED BY THE LOCAL PRESIDENTS
CALGARY – 30024
10. Changes to Employment Equity Committees
Was UTE consulted on this issue?
Sister Robin Johnson, Chair of the EO Committee, responded that the committee has not received a clear answer on their questions on the new Governance Model since it was introduced last March. A UTE bulletin was prepared in June and the CRA came back to us immediately saying that the information was wrong, but couldn’t tell us what was wrong. The committee then decided to invite them to the National Equal Opportunities Conference in October in order to get some answers. They accepted the invitation and, hopefully, they will have some answers.
11. Conservative Convention
The local provided a brief update saying that they are planning a march and a BBQ on November 2nd where the convention is held. They have been advised that no one will be allowed to march near the convention centre. The local received very little help from the city officials that they have contacted and were told by the police department that they will not stop the traffic for a march. The local welcomed the National Office and everyone to join the march in Calgary. Any help they can offer would be greatly appreciated.
President Campbell will try to send someone from the National Office and will see what we could do to help.
12. Duty of Fair Representation Training
We should refresh our members on this topic. Do we have something that we can send to our locals?
President Campbell responded that we have cases going forward that are very legitimate. Brother O’Brien will put a package together in both languages to be sent to the locals.
BURNABY FRASER 20050
13. Member Engagement
The item was withdrawn by the submitting local.
TORONTO WEST – 00051
14. Ad-Hoc Committee to Review the Decay in Benefits in the Federal Public Service
Over the years the benefits have decreased. Could an Ad-Hoc Committee be struck to review the decay in benefits in the Federal Public Service? The committee would review the current benefit package offered to the FPS and compare to other organizations and unions.
President Campbell informed that PSAC has researchers to look at this issue. On our side, we will have a look at what we can do nationally.
Brother Lalancette added that the document on bargaining that would be provided on the website will help the locals to answer many of their questions and see what we have gained over the years. With regard to medical coverage, this falls under the National Joint Council (NJC) jurisdiction and they are fighting to maintain what we have without additional cost to our members.
SUDBURY – 00042
15. New Discipline Policy
The local was questioning if we had reviewed the new discipline grid and would there be a summary showing the changes that could be provided to the locals?
Brother O’Brien, SLRO commented that we had some consultation with CRA. We have not provided information to the locals as it is contained information. We will review what we have as a draft and we will send it to the locals. As for the policy, the wording is not much different, but we can confirm today that the level of disciple will increase.
16. National Health and Safety Meetings – Deadline for agenda items
The local health and safety co-chair would like to get more advance notice of deadline for submitting agenda items.
Brother Gaetz, Chair of the Health and Safety Committee answered that we do not ask for agenda items from the field for the National Policy Committee. If a local has an issue, they should try to solve it at the local level first, and then get their RVP involved.
17. EAP after Retirement
The local shared the information that members have difficulties integrating from their work life into retirement. They feel that they will benefit from EAP services after retirement. The Local has contacted their regional EAP representative who informed them that the retirees should start an EAP session before going on retirement. They care for the members and it is important to let them know that they should start the session even though they think they don’t need it. They should take advantage of this resource before they leave for retirement and continue counselling after.
LONDON – 00017
18. Internal Affairs – New Protocols regarding Access to Information Process
The local explained a situation where a breach of access occurred and wanted to know if this was happening in other regions.
President Campbell confirmed that this was a local issue and that CRA has not come back with information on this issue. He will let the local know as soon as he receives an answer.
HALIFAX – 80003
19. IAD Halifax
The local recalled that CRA had made a commitment a few years ago that after 120 days, they will provide an update on investigation files.
President Campbell agreed that we were told by CRA that they can’t keep these commitments, as the investigation processes are taking longer than anticipated.
EDMONTON – 30025
20. Doctors’ Notes – Original vs. Electronic Signatures
Management is questioning the doctors’ electronic signature as their notes are not being signed directly by the doctor, but printed from their laptop (just like Brother Campbell’s signature in his e-mails).
Brother O’Brien, SLRO referred to Article 35.04. He went on to say that if the employer requests a medical certificate, an email or fax is considered a legal document. He has contacted the Human Resources Office on this question and he will advise accordingly when a reply is received.
President Campbell added that we will check on this as it appears to be a local issue.
21. Salary Protected – Members in Acting Assignments
They have members in salary protected positions (salary protected AS-04 in MG-03, acting as MG-05) getting only $1.00 per day as a difference in salary.
Brother MacDonald, LRO confirmed that, unfortunately, the employer is correct. The pay notes on acting position are pretty clear that the individual will be paid as per his substantive position. He added that filing a grievance would be futile, as these are the terms and conditions of employment.
22. Acting Assignments Threatened to be Pulled
They have acting MG-03's who are being threatened with having their acting’s pulled if they do not go back to their substantive SP-05s for random days when the employer has not forecasted correctly in the Call Centre.
President Campbell is of the view that the local should have a meeting with their Director and, if necessary, with their RVP, as this is a local issue.
President Campbell turned the Chair over to 1st National Vice-President, Brother Brière.
HEADQUARTERS – 70000
23. New Membership List vs Old Excel Format
The local commented that it was a laborious work since PSAC has changed their format.
Brother O’Brien, SLRO had a discussion with the PSAC and was told that they changed to a new system and that is now the way the lists are generated. It is the PSAC’s responsibility and they could convert the program, but it appears that they do not have the staff or the resources to fix the problem. He added that we are pushing on that issue and so are many components of the PSAC.
Other locals encountered the same problems. They can’t access their members email addresses. It was suggested that we put pressure on the PSAC, as next year we will be holding our National Convention.
ST. JOHN’S – 90001
24. Obtaining Permission for Union Leave
The local commented that they are encountering problems with this issue. Management is questioning under which article of the collective agreement is the leave requested. They have tried to solve the problem under UMA, but without success. Is this happening elsewhere across the country?
Other locals said that they are being watched and management is questioning union leaves and is reluctant to grant them under activity code 6400 of the collective agreement. A local was using the code 081 under conflict resolution, but was advised that they couldn’t use this code unless it is to deal with a conflict resolution advisor involved in the process.
Other locals still use the code 081 and do not have any problem. It seems to be different in all regions.
President Campbell asked permission to speak on the issue. He commented that it has always been based on how good the relationship was with management. He added that if management do not grant the time, then members should file a grievance.
President Campbell resumed the Chair.
25. Leave Requests for Members
The local commented that their term employees are being denied leave because their contract ends before the date of the requested leave. The employees are asking for the time off in case their contract is extended. Some of them have been employed for a year and are entitled to vacation. Is there a time frame and standardized procedures to request leave?
Shane O’Brien, SLRO explained that there was no difference in the collective agreement for permanent or term employees and leave requests should not be delayed. Leave requests should be almost processed within a 24 hour period. The employee should ask management to grant the leave conditionally that he/she would still be employed. This should be raised at the local union management consultation meetings and the RVP. Furthermore, if the matter does not get resolved, then have members grieve the matter.
26. Lateral Moves/External & Internal Processes
The local asked if there was any standardization with respect to management allowing one member to take a lateral move and remain in their respective rehire pools or be forced to resign.
Shane O’Brien, SLRO gave some background information and went on the say that when it comes to lateral moves, the employer can do pretty much what they want, under the Agency Staffing Regime. Again, he emphasized that it was very important that these issues be addressed at the local union management meetings, and let them know that if they are not resolved, the issues will be referred to the assistant commissioner by the RVP.
CALGARY – 30024
27. PSAC Media Scans
The Local commented that some days they do not receive them.
President Campbell noted that they are sent out as soon as they are received. During the summer they were sent only 3 days per week. Now they are sent every day.
HALIFAX – 80003
28. Pay in Arrears
The item was withdrawn by the submitting local.
1. Political Action – UTE
The item was withdrawn by the submitting local.
29. Roll Back of Previous Contract
The Local asked for some feedback on this issue.
President Campbell read a letter from Andrew Raven on Bill- C10 charter challenge that included the rollback of negotiated wage increases. Ontario Superior Court hearings on this file are scheduled for the week of October 21, 2013.
SUDBURY – 00042
30. Complaints Stats within UTE
The local requested information on this issue to better understand the rights and obligations of the process.
President Campbell was hoping that the PSAC would have their course on investigations developed by now, but they are still working on it. He made the commitment that there will a workshop on the disciplinary process at the March 2014 Presidents’ Conference.
AFTERNOON SESSION
The meeting was called to order at 1:15 pm. with President Campbell in the Chair.
ELECTIONS TO THE UTE NATIONAL FINANCE COMMITTEE
President Campbell received the nominations for the position of Presidents’ Representative for the National Finance Committee as follows: Brothers Les Smith and David Webster.
Brother David Webster was elected.
M/S Richard Hyatt / Maggie Ryan
That the ballot be destroyed.
MOTION CARRIED.
Point of privilege – Les Smith
Brother Smith thanked his nominator Michael Small and seconder Sylvie Lahaie
Point of privilege – David Webster
Brother Webster thanked the floor for their support, his nominator Ken Bye and seconder Marie-Ève Couture and commended Brother Les Smith for running for the position.
Both points of privilege were well taken by the President.
ITEMS PRESENTED BY THE LOCAL PRESIDENTS
EDMONTON – 30025
31. Accommodations
The local stated that they are having issues on the fact that they are getting resistance from management when it comes to obtaining accommodations.
One local had filed a complaint through the Canadian Human Rights simultaneously with grievances, and they have been successful in getting back vacation and/or sick leave.
ST. JOHN’S – 90001
32. Management Identified Positions
The local was of the view that there seems to be an increasingly higher number of positions ('short term' which may or may not extend into long term positions) being selected based on management simply identifying candidates wherein criteria for selection is rarely the same (even though the positions may be). It almost seems more and more like management is handpicking for the purpose of allowing certain employees to 'grow' without allowing for a fair process to be used and a pool to be established.
Shane O’Brien, SLRO agreed that there is a lot of discretion left to the managers for the short term positions to name a candidate without a selection process. The position of the Agency is that the selection process and the pre-qualifed pools are the principle mechanism for the staffing process. These issues should be documented and brought to the table of the local union management meetings and the RVP.
33. Training Group
The local commented that during the program there was a call letter put out asking SP-03's, SP-04's and SP-05's with an interest to apply for a learning or training group. It has been indefinitely postponed but we should raise questions about how management is not only asking lower job classifications to be doing SP-05 workload, i.e. facilitating training, but now is looking to form a group with those same practices? It's unfair to our members that they are not compensated in accordance with their job descriptions.
Sabri Khayat, Chair of the Staffing Committee stressed the importance that these issues be sent to the committee as they arise and not wait for this conference.Kent MacDonald, LRO added that the employer said that they do have a legal opinion stating that it is in order to ask lower level employees to do higher level jobs and not pay them the difference. We have asked many times to see the legal opinion, but they will not provide it to us. You can grieve and the sooner the better, as with respect to acting pay, the grievance is valid only for 25 days from the day that the grievor was aggrieved.
34. Inconsistency among MG-03’s - Information being transmitted to Teams
The local informed the floor that there seems to be some discrepancies and differences among what team leaders are portraying on behalf of management to our members on their teams. Sometimes it is to do with certain team leaders being vaguer about details than others... misinterpretation of the collective agreement. Team leaders are coming to union representatives to get clarification on collective agreement intent and language instead of going through management. It would seem that, depending on the team leader, a member may be privy to more information, greater opportunities, more prompt responses with respect to leave requests, etc... Is this happening nationwide or is there more standardization in other locals?
President Campbell’s comment was that this issue was brought up in the past to all levels. He will continue to let them know that this is still happening.
Other locals expressed that this issue was going on in their workplace location.
One local noted that after discussions with management, they were provided with a central communication individual. Now the messages given to the staff are consistent.
HALIFAX – 80003
35. Internal Affairs Investigation
This item was withdrawn by the submitting local.
ST. JOHN’S – 90001
36. Executive Members on Leave
The local had concerns that when local executive members go on maternity or other types of long term leave, they are unable to perform their duties as per the PSAC Constitution stating that they cannot hold office. The were wondering how other locals treat this issue when they have to back fill positions such as a Treasurer, Secretary, etc. Is there anything that can be done?
President Campbell answered that we have to follow the Constitution.
TORONTO EAST – 00001
37. Pay in Arrears - Mass Grievance
The local asked if we could do a mass grievance campaign and also file a complaint to the Human Rights Commission.
President Campbell referred to the legal opinion of the PSAC that we can’t file grievances on pay in arrears. The employer has 30 days to pay an employee. If they hold 2 weeks back, they are still paying within 30 days.
Shane O’Brien, SLRO drew attention to the fact that that the union activities are not included in the Canadian Human Rights Act.
38. Y280s and improper use of quotas
The local asked if other locals were experiencing a situation where managers use quotas to set employees’ expectations and then use numerical measurements as part of the employees’ performance evaluation.
Other locals expressed their concerns as well. This issue was brought up at the last Presidents’ Conference. A reference was also made to the fact that a memo had been sent out by email from the National Office on quotas, but management still do whatever they want.
Sabri Khayat, Chair of the Staffing Committee acknowledged that this issue was raised at the previous Presidents’ Conference last March and mentioned that we have since received a confirmation from the Human Resources Assistant Commissioner Madame Lorenzato, that there will be no numerical quotas used to evaluate the performance of employees.
39. Code of Ethics and Conduct
The local commented that on Infozone they have specific and clear icons on the Code of Ethics and Conduct. They call it "Leading from the Top", but the employer is not complying with the Code in their own application of the staffing policy, accommodations, quota issues etc… In light of this, can we be pro-active and use this information as propaganda on integrity and the Code of Ethics and Conduct as an offensive weapon against them before they use it against us?
President Campbell answered that he will be looking into this.
KITCHENER – 00015
40. Medical Dental Leave
The local advised that management has come up with new guidelines on what would be considered sick leave: the dental checkup, the annual doctor examination, the eye exam. Pretty much any follow-up or new doctor appointments will be considered sick leave.
President Campbell asked for a show of hands, which locals had experienced the same situation? Most locals did. He informed the participants that there was no new policy on this issue and asked that all locals that have similar guidelines to send them to the National Office as soon as possible.
Some locals have already filed grievances on the matter.
TORONTO EAST – 00001
41. Potential PSTAR Pension Class Action Suit
The local asked the presidents that if they have PSTAR members in their local, either UTE or PIPSC, to let them know that there is a Class Action Suit potentially moving forward with respect to pension issues and if they want to contribute funds to contact him.
Point of privilege - Bill Blair, NCR RVP
Brother Blair informed the crowd that the name of the new local is “Ottawa East.”
The point of privilege was well taken by the President
President Campbell presented Brother Lalancette with the banner bearing all the signatures from the participants in recognition of the bargaining team’s excellent work. He also advised that a picture of all the participants will be taken at the end of the session with the banner that was signed earlier for the bargaining team. The picture will be posted on the website.
Brother Lalancette was very pleased to accept the banner and thanked all the members for their support. He went on to say that the banner and picture will be available on our website and will show the employer how united we are as a union.
SAINT JOHN – 60005
42. Selection Processes not open to Determinates
The local commented that in the Atlantic, there were MP3 and SP4 positions opened only to indeterminate employees. How can term employees become permanent if the positions are opened only to indeterminates?
Shane O’Brien, SLRO advised that this is happening in many offices. In order to do so, management must present a valid business case to the Commissioner. The business cases that he has seen to date were because of WFA situations, and UTE supports this in order to save permanent jobs of members. He suggested that the local ask for a copy of the business case that was used, on behalf of the members.
MONTREAL – 10008
43. National Regional Boycott
The item was withdrawn by the submitting local.
TORONTO EAST – 00001
44. New AGM Gift Policy
The local suggested that the gift policy be changed to say that if a local doesn’t use the gift policy within a calendar year, then it will be lost.
President Campbell thanked the local. We will consider the suggestion.
50/50 DRAW
Brother Richard Hyatt won $398. Brother Hyatt gave half of the money back to the Camp Ozam.
Brother Daniel Camara won $100.
The grand total that will be remitted to the Camp Ozam is $958.
CLOSING REMARKS
President Campbell’s closing remarks were to thank all the staff that worked on the preparation of the conference, the interpreters and technicians. He explained that for the week of October 14th, all locals will be sent the stress balls and stickers for our 27,000 members. On the bargaining front, October 31st will be the next mandatory action day. The PSAC will provide stickers to support the 1st year anniversary of the expiration of our contract. We have to show the employer that the membership is supporting us. We will be talking to the members at AGMs coming up and tell them that the fight is not just about us the members, but also for the people behind us, our children. The fight is about keeping what took years to obtain. We asked you to sign the union cards and send them to the National Office in order to use them at the next NUMC in December to show the Commissioner that 20,000 members are behind us. He concluded by saying that we are the best component of the PSAC.
President Campbell announced that he and Brother Brière will be running for office at the next National Convention.
The meeting adjourned at 17h00 p.m.