President’s Report - Executive Council

September 2008

Betty Bannon - Item 6

Convention:

Well we all got through Convention and slowly things are returning to normal in the National Office.  I was very pleased with the debate and decorum displayed during the business hours of our Convention.  It certainly appeared that everyone who wanted to had their say on the Convention floor.  Council will be dealing with the left over convention business during this meeting and our decisions will be recorded in the minutes.

I believe that the Convention ran relatively smooth due to the great work done by our UTE staff.  From preparing the kits to dealing with the delegates and hotel on a daily basis.  I would be remiss if I didn’t specifically mention Sylvie Bastien, Carmen Armstrong, Shane O’Brien and Pierrette Labrie.  They were a godsend to me before and during the convention and I thank them from the bottom of my heart.  However, I also want to thank the rest of the staff as well for doing certainly non staff jobs like; setting up the store and working the store, working the convention floor and making sure that I had all the things that I needed while chairing the convention.  Thank you all, you were great.

Now that we are all starting a new mandate it may be a good time to remind all members of council to make sure that they follow the Regulation pertaining to expenses.  If it is required to expend UTE funds then the business/event must be “authorized” union business thus requiring permission to travel, purchase or receive advances.  I or my designate in my absence may provide the “authorization” for the business/event and the 1st VP or myself in his absence can handle any requests for advances. 

The Recent King Decision:

This case is an important one and builds on prior decisions and is being herald as a huge success for “Freedom of speech” for Union Officers. However, I believe that we should also exercise some caution in this regards.  This decision does not give “Carte Blanche” to union officials to say anything they want against their employer. 

The Adjudicator states “The principal task for an adjudicator in a grievance involving discipline is to determine whether the employer has met its burden to prove that it had cause to discipline the grievor.  If the employer proves its case to the appropriate standard, the adjudicator then must decide whether the disciplinary penalty levied by the employer was appropriate and proportionate to the seriousness of the proven misconduct.”  The employer in this case did not prove its case to the appropriate standard and there were many important points that resulted in the adjudicator’s decision:

  • The letter written to Tom Ridge, the United States Secretary for Homeland Security was contained to being addressed to that individual and not on the front page of the Ottawa Citizen.  The Adjudicator quoted “There is no evidence in the case before me of a pattern of writing to foreign government officials on the grievor’s part or that he engaged in “sustained” or “highly visible” attacks on government policy.  The subject of this case is a single act.  His letter was visible only to a very small group of people and not to the public”.  This is unlike the Fraser case.

  • In regards to the content of the letter, one or more of the employer representatives testified that there was “no quarrel regarding its factuality and that everything in the letter was public information.”

  • An offer to write a second, clarifying letter regarding CBSA’s training program and standards for students and other classes of border service officers was turned down by the employer.

  • The CBSA itself did not take any action to clarify any facts stated in the letter to Secretary Ridge.

  • The issues in the letter had been raised to the officials of the CBSA on several occasions in an attempt to address these concerns.  Thus proving that the issues were in fact Union issues and within the scope of his union duties.

  • The Adjudicator quotes “I do not read the case law as prohibiting full-time union officials from choosing activities or expressing criticisms that have the potential to affect an employer in a sensitive political or security context as long as their actions are not malicious or they do not make statements that are knowingly or recklessly false (the second part of the Shaw test).  To the contrary, it may sometimes be that the intent of a union official’s actions or words is to take advantage of a sensitive political or security situation to leverage a desired outcome from the employer.  If the employer is too prove that the grievor acted outside the proper scope of his role in that context, I believe that something more is required than just the conviction that the context was sensitive, however well-founded that conviction.  (emphasis added)

  • The Adjudicator also noted that “the case law is essentially uniform in finding that union representatives enjoy no enhanced immunity from discipline where illegal acts are proven.  In this case, no illegality is alleged.”

I would recommend that we all read the full text of the decision to put the Adjudicators decision in context.  Another case referred to is Shaw [2006 PSLRB 125].

Web/Communications:

We were quite busy leading up to Convention, ensuring the website was as up to date as possible.  At Convention we wrote daily updates to keep those not at convention, up to date with the most important items.  We also took a number of photos which are now on the web. Since Convention, we have been working getting caught up on updates as well as working on the new UTE calendar (should be ready by mid-November) and the next “Union News” newsletter.

CRA Award of Excellence:

As you know, in the past we have put forward names of union activists on occasion to receive recognition for their union work and to date none have ever been selected for any CRA award. 

However, to go in line with our history making Collective Agreement, both Lysanne Gauvin and I jointly supported the submission made by Richard Hansen, HR, Winnipeg, who submitted the names of the entire Negotiating Team for a Team Award.  The selection committee has agreed with that submission and have chosen the PSAC/CRA Negotiating Team for one of the Team Awards.
 
The ceremony is to be held on November 19th here in Ottawa and one Management and one Union representative will be receiving the Award on behalf of the Team, with all costs assumed by the employer.  Our representative will be Denis Lalancette.  Thank you all for a great job, WELL DONE! 

Term Roll Over:

Some time ago we entered into an MOU with the CRA regarding a Human Rights case that asserted that the Treasury Board Term Roll Over Policy was discriminatory against women by excluding time while on Maternity Leave being calculated into “continuous service” for the roll over cumulative period.  Our MOU stated that once this case was decided the CRA and UTE would have 30 days to establish their next move.  The union would hold all recourse on this issue in abeyance until that time. 

I am pleased to report that just recently the CRA advised me that they would be including periods of Maternity Leave into the calculation of continuous service for the cumulative period of the 5 years for a Term roll over to indeterminate status.  They will be going back and recalculating the cumulative service for those individuals who were on Maternity Leave.  Once this is done it should result in more of the members being rolled over into indeterminate status either earlier than already established or commencing immediately. 

Information Technology:

Since my last report, all IT systems have been running well.  Regular software maintenance of internal computers and servers was performed.  For the 2008 convention we changed the way we used our computers.  In the past we would transport all internal computers (PCs and monitors) needed for the staff to work at convention.  For convention 2008 we used laptops and staff connected to their PCs at work thru our VPN (virtual private network).  This eliminated the hassles of transporting PCs and monitors and made staff more productive.  There are several projects that the IT Officer is working on, such as, upgrading internal computers to Windows Vista, upgrading our email server to the latest version and looking into implementing a new document management system.

MG Pay Equity Case:

This case has to do with those members who supervised less than 5 employees and were not converted to MG classification.  As you know, a settlement was reached on this case and the quantitative measure of 5 employees has now been removed and the CRA was to review all supervisory jobs that were not converted to MG.  At the time of writing of this report they have contacted us to report that they have now reviewed the jobs and are ready to meet with us.  This is ahead of the 12 months deadline that the settlement dictated.  As we have further information it will be forwarded to the locals and placed on the website.

PSAC Convention:

The NBOD has approved the Convention Call at their last meeting and I have been advised that it should be issued by the end of September.  The Convention will be held in Vancouver, BC at the Vancouver Convention and Exhibition Centre, from Sunday, April 26, 2009 to Friday, May 1, 2009.  Our caucus will be held on the Sunday AM with the Equity Caucuses over the noon hour and the PSAC Regional Caucuses in the PM.  The opening plenary session will commence on Monday AM.

The Convention Committees will be held in Ottawa at the Minto Hotel from February 7 to 13, 2009 with the Finance committee starting on Saturday, February 7th and the others commencing on Monday the 9th.  Thus the Finance Committee would arrive on the 6th and the others on the 8th. 

Rands:

As usual I will be supplying everyone with a copy of our membership breakdown as of July 2008 and I draw your attention to the number of “Rands”.  In total we have 2511 “Rands” with the largest part of them in the Taxation Centres.  For some of these locals it could have meant more delegates to our UTE Convention that was held in July.  To the organization it will mean fewer delegates to the PSAC Convention.  Our locals should be strongly encouraged to set up a membership committee or assigning a membership person whose job it would be to organize the signing up of “Rands”.  I will address this with the Presidents at the Presidents Conference. 


Non UTE Events:

RECIPIENT

REASON

   

AMOUNT

BUDGET

BÉNÉFICIAIRE

RAISON

   

MONTANT

 
           
   

2007 Carry Over / Report de 2007

10,873.49

         

20,000.00

         

30,873.49

           

Carisa David

AFL school

   

1,436.73

29,436.76

Richele Hiscock

NL Fed. Of Labour Women's Conference

   

445.00

28,991.76

Michele Norman

NL Fed. Of Labour Women's Conference

   

445.00

28,546.76

Sonia Chesney

NL Fed. Of Labour Women's Conference

   

445.00

28,101.76

Sigrid Hagglund

CLC Winter School

   

1,689.29

26,412.47

Heather Ford

NBAEAP Conference

   

653.15

25,759.32

Karen Douglas

NBAEAP Conference

   

830.75

24,928.57

Karlene DePass

NCVM special meeting

   

594.83

24,333.74

Aileen Duncan

OFL Disability Conference

   

847.65

23,486.09

Colette Fortin

CLC Labour Law course

   

1,673.80

21,812.29

Jamie vanSydenborgh

OFL Accommodation Conference

   

846.10

20,966.19

           

No Claim Received/Aucune réclamation reçue

       
     

Approved

Advance Only

 
     

Approuvé

Avance

 
           

Michael Small

CLC Winter School

Feb 10-15, 2008

1922.08

 

19,044.11

Anne Evasin

2008 Summer Institute for Union Women

 

405.00

 

18,639.11

André Bélanger

PSAC QC regional Health & Safety Conf.

Nov-08

680.00

 

17,959.11

Carole Blais-Chenard

PSAC QC regional Health & Safety Conf.

Nov-08

680.00

 

17,279.11

Paul Galbas

PSAC QC regional Health & Safety Conf.

Nov-08

680.00

 

16,599.11

Gilles Bélanger

PSAC - Québec H & S Conference

Nov. 8-10/2008

840.00

 

15,759.11

Sylvie Masse

PSAC - Québec H & S Conference

Nov. 8-10/2008

505.00

 

15,254.11

Nobert Wenzel

H & S Occupational Disease Course

Oct 19-24/2008

1935.00

1,935.00

13,319.11

Pamela Egan

CLC National Disability Rights Conf.

Nov 15-18/2008

1395.00

 

11,924.11

Trent Crick

CLC National Disability Rights Conf.

Nov 15-18/2008

1395.00

 

10,529.11

Sylvia Dalman

PSAC Aboriginal Conference

Sept 18-21/2008

1050.00

 

9,479.11

Donations/Sponsorships:

RECIPIENT/BÉNÉFICIAIRE

CITY/VILLE

AMOUNT

BUDGET

APPROVED BY

   

MONTANT

 

APPROUVÉ PAR

         
     

18,000.00

 

Sydney Bantam Female Hockey Team

Sydney

1,000.00

17,000.00

Council/Conseil

Roxanne Fraser

Shawinigan-Sud

500.00

16,500.00

Betty/Bob

Basil Hill - Curling Team Sponsorship

Thunder Bay

300.00

16,200.00

Betty/Bob

Ottawa Professional Firefighters Association

Ottawa

131.25

16,068.75

Betty/Bob

Debbie Burns - National Dart Championships

Charlottetown

300.00

15,768.75

Betty/Bob

Aaron Dishko - 2008 CRA Hockey Tournament

Calgary

200.00

15,568.75

Betty/Bob

Diana Gee Memorial Trust

Toronto

1,000.00

14,568.75

Council/Conseil

Canadian Diabetes - Meril Dupuis

 

100.00

14,468.75

Protocol on Mourning

MADD Canada

Ottawa

472.50

13,996.25

Betty/Bob

Yvonne Mensah

Urbana, IL, USA

1,000.00

12,996.25

Council/Conseil

Tiny Hearts Magazine

Ottawa

450.50

12,545.75

Betty/Bob

Gesine Fuchs - "Weekend to End Breast Cancer"

Ottawa

500.00

12,045.75

Council/Conseil

Toronto Madness II

Toronto

1,000.00

11,045.75

Council/Conseil

Urban Promise

Ajax, ON

900.00

10,145.75

Council/Conseil

Superkick Karate Scholarship Fund

Toronto

900.00

9,245.75

Council/Conseil

Henteleff Park Foundation

Winnipeg

500.00

8,745.75

Council/Conseil

Asham Stompers

Winnipeg

300.00

8,445.75

Council/Conseil

Winnipeg Folk Festival

Winnipeg

500.00

7,945.75

Council/Conseil

Roxanne Fraser

Shawinigan-Sud

500.00

7,445.75

Council/Conseil

Devilettes Peewee A

Lucan, ON

500.00

6,945.75

Council/Conseil

Humber Park Minor Baseball Association

Dartmouth, NS

300.00

6,645.75

Betty/Bob

WPW Baseball

Dartmouth, NS

300.00

6,345.75

Betty/Bob

Key Industries - Ernie Cook

Saint John

500.00

5,845.75

Betty/Bob

Canadian Council of the Blind

Ottawa

200.00

5,645.75

Betty/Bob

BC Children’s Hospital - Jeevan Basra's Journey

Surrey

200.00

5,445.75

Betty/Bob

Relay for Life

Thunder Bay

200.00

5,245.75

Council/Conseil

Thunder Bay Bantam AAA Kings

Thunder Bay

500.00

4,745.75

Betty/Bob

Summerland Chapter No. 63 Order of the Eastern Star

Summerland

500.00

4,245.75

Council/Conseil

Canadian Cancer Society - Relay for Life-Calendar Girls

Barrie

300.00

3,945.75

Council/Conseil

Michael Pittman

St. John's

250.00

3,695.75

Council/Conseil

Neighbourhood News

Ottawa

262.50

3,433.25

Betty/Bob

Dystrophie musculaire Canada

Jonquière

800.00

2,633.25

Council/Conseil

Acces conditions vie

Alma, QC

500.00

2,133.25

Council/Conseil

Ottawa Professional Firefighters Benevolent Fund

Ottawa

262.50

1,870.75

Betty/Bob

YWCA Hamilton - Jill Rumble Memorial

Hamilton

300.00

1,570.75

Betty/Bob

Lisa Fedoryshyn

Winnipeg

400.00

1,170.75

Betty/Bob

Heart & Stroke

Ottawa

100.00

1,070.75

Protocol on Mourning

         

Presidents' Use/A l'usage de la présidente

   

2,000.00

 

The Mission - Christmas

Ottawa

200.00

1,800.00

 

Ottawa Food Bank - IN LIEU OF CARDS

Ottawa

200.00

1,600.00

 
       

670.75

GRIEVANCES

Since our last Executive Council meeting, forty-six (46) grievances, other than classification, were received at the National Office.
During the same period, forty-three (43) grievances were presented dealing with a variety of issues, including two (2) terminations and five (5) suspensions.

OPENED INVENTORY

RECV’D

TO BE
PRESENTED

AWAITINGREPLY

ADJ.

CLOSED

Nov. 96 – Dec 01/00

2699

7

2692

Dec. 02/00 – Feb. 28/01

176

31

173

March 01/01 – Sept 01/01

63

63

Sept. 02/01 – Feb. 28/02

90

1

89

March 01/02 – May 31/02

59

59

June 01/02 – Aug. 31/02

54

21

52

Sept. 01/02 – Dec. 31/02

64

64

Jan. 01/03 – Feb. 28/03

64

8

12

55

March 01/03 – May 31/03

126

32

41  2

2

117

June 01/03 – Aug. 31/03

32

2

30

Sept. 01/03 – Nov. 30/03

36

36

Dec. 01/03 – March 31/04

100

1

3

96

April 1/04 – May 31/04

38

4

1

33

June 01/04 – Aug. 31/04

66

3

2

61

Sept. 01/04 – Nov. 30/04

24

2

1

1

20

Dec. 01/04 – Feb. 28/05

36

1

35

March 01/05 – May 31/05

48

2

1

45

June 01/05 – Aug. 31/05

35

5

30

Sept 01/05 – Nov 30/05

62

1

1

8

52

Dec.01/05 – March 31/06

51

2

49

April 1/06 – May 31/06

18

1

1

6

10

June 1/06 - Sept. 1/06

38

2

5

31

Sept 2/06 – Nov 30/06

62

2

1

8

51

Dec 1/06 – March 31/07

65

12

5

6

42

April 1/07 – June 15/07

47

3

3

41

June 16/07 – Sept 12/07

53

15

4

8

26

Sept 13/07 – Nov 27/07

59

12

15

6

26

Nov 28/07 – March 31/08

55

30

6

3

16

Apr 1/08 – May 31/08

60

52

4

2

2

June 01/08 – Sept 26/08

46

46

There are presently one hundred and ninety-nine (199) grievances in the National Office inventory which have not yet been presented at the Final Level.

Outstanding due to Currie decision

Outstanding due to MG

CLASSIFICATION GRIEVANCES

During this quarter, we received fifty-eight (58) classification grievances.

OPENED INVENTORY

RECV’D

CLOSED

OUTSTANDING

Jan. 01/02 – Feb. 28/03

116

98

18

March 01/03 – May 31/03

64

27

37

June 1/03 – Aug. 31/03

2

2

Sept. 01/03 – Nov. 30/03

2

2

Dec. 01/03 – March 31/04

8

5

3

Apr. 01/04 – May 31/04

6

1

5

June 01/04 – Aug. 31/04

17

5

12

Sept. 01/04 – Nov. 30/04

5

2

3

Dec. 01/04 – Feb. 14/05

3

2

1

Feb. 15/05 – Aug 31/05

4

3

1

Sept 01/05 – Nov 30/05

2

2

Dec. 01/05 – March 31/06

0

April 1/06 – May 31/06

2

2

June 1/06 - Sept. 1/06

4

4

Sept 02/06 – Nov 30/06

7

6

1

Dec 01/06 – March 31/07

11

10

1

March 31/07 – June 15/07

5

4

1

Jun 16/07 – Sep 12/07

2

2

Sept 13/07 – Nov 27/07

6

4

2

Nov 28/07 – March 31/08

3

1

2

Apr 1/08 – May 31/08

2

2

June 01/08 – Sept 26/08

58

58

INDEPENDENT THIRD PARTY REVIEWS (ITPR'S)

During this quarter, four (4) ITPR’s were received in the National Office.  One ITPR was referred to PSAC for representation; 2 were withdrawn.  There are currently two (2) ITPRs that have not been presented to date by UTE.  All have been assigned and are being actively handled. 


President’s Itinerary
Executive Council
September 2008

June:  
1 to 5  UTE Executive Council and National UMC meeting
Meeting with the Commissioner regarding Compensation
10 to 15  UTE Rocky Mountain Regional meeting and PSAC Prairie Regional Convention
16  Presenter at the PSAC new staff orientation session
19 to 22  UTE Toronto/Pacific Inter-regional meeting
23  Meeting with the Commissioner regarding Compensation
July:  
UTE NCR Regional meeting
10 to 20 UTE National Convention Set up and Convention
29  Met with Lucie Labelle and Karen Butcher regarding Conversion and Anniversary dates
August:  
26 

CAS update meeting with CRA
Sustainable Development meeting with CRA

27  PSAC Investigation Committee meeting
September:  
OSH Policy Committee pre-meeting Union side and OSH Policy Committee meeting
PSAC Investigation Committee meeting
10  Conference Call with CRA regarding a Case Study for learning purposes
Met with hiring Board for the Director of the PSAC Regional Office Branch
16  Meeting with Bob Campbell and Shane O’Brien regarding President’s Conference workshops
18  Meeting with the Political Action Committee
19  Union speaker at the Public Works and Government Services Charitable Workplace Campaign kickoff breakfast

In Solidarity

Betty Bannon
National President
Union of Taxation Employees


JULY / JUILLET 2008

 

  REGULAR

RAND

  SUSPENDED

TOTAL

  RÉGULIER

RAND

  SUSPENDUS

ATLANTIC REGION / RÉGION DE L'ATLANTIQUE

Saint John

294

8

302

Bathurst

64

64

Moncton

67

67

Halifax

312

20

332

Sydney

97

97

St.John's TC/C.F. de St.John's

510

19

529

St.John's DO/BD de St. John's

445

18

463

Summerside

735

34

2

771

Charlottetown

80

3

83

2604

102

 

2

2708

QUEBEC REGION / RÉGION DE QUÉBEC

 

Jonquière

534

7

541

Québec

289

4

293

Shawinigan-sud

1071

18

1

1090

Trois-Rivières

52

52

Chicoutimi

73

73

2019

29

1

2049

MONTREAL REGION / RÉGION DE MONTRÉAL

Sherbrooke

116

5

121

Montréal

915

21

936

Rouyn-Noranda

42

42

Montérégie

164

23

187

Laval

309

12

321

Outaouais T.S.O./B.S.F. Outaouais

71

5

1

77

1617

66

1

1684

NATIONAL CAPITAL REGION / RÉGION DE LA CAPITALE NATIONALE

Ottawa Headquarters/Administration centrale d'Ottawa

2098

368

8

2474

I.T.S.O./B.S.I.O.

335

149

19

503

Ottawa T.S.O./B.S.F. d'Ottawa

481

23

15

519

Policy & Planning

316

81

23

420

Ottawa T.C. /C.F. d'Ottawa

1319

450

24

1793

4549

1071

89

5709

NORTHERN & EASTERN ONTARIO REGION / RÉGION DU NORD ET DU SUD DE L'ONTARIO

Kingston

76

76

Belleville

161

9

170

Peterborough

72

72

Thunder Bay

109

109

Sudbury T.C. /C.F. de Sudbury

1315

184

1499

1733

193

0

1926

SOUTH WESTERN ONTARIO REGION/RÉGION DU SUD-OUEST DE L'ONTARIO

Hamilton

583

31

3

617

Kitchener

294

12

306

St. Catharines

180

4

184

London

320

9

329

Windsor

212

212

1589

56

3

1648

GREATER TORONTO REGION/RÉGION DU GRAND TORONTO

North York

577

78

10

665

Toronto

744

140

2

886

Toronto West / Toronto Ouest

547

21

5

573

Barrie

124

2

126

Toronto East/Toronto Est

432

7

439

2424

248

17

2689

PRAIRIE REGION/RÉGION DES PRAIRIES

Regina/Régina

208

2

210

Winnipeg

343

21

364

Winnipeg CCSC

209

4

1

214

Winnipeg T.C./C.F. de Winnipeg

1541

176

1

1718

2301

203

2

2506

ROCKY MOUNTAIN REGION/RÉGION DES MONTAGNE ROCHEUSES

Calgary

867

64

3

934

Edmonton

768

45

10

823

Saskatoon

209

1

210

Lethbridge

64

64

1908

110

13

2031

PACIFIC REGION/RÉGION DU PACIFIQUE

Penticton

223

1

1

225

Vancouver

767

161

1

929

Victoria

265

6

271

Burnaby Fraser

459

20

479

Surrey

1005

236

1241

Kelowna

75

75

Northern B.C. & Yukon

126

9

135

2920

433

 

2

3355

 

 

 

 

 

Unallotted

8

513

 

 

521

GRAND TOTAL:

23672

3024

130

26826