Minutes of the Executive Council

March 20 - 21 2018

TUESDAY, MARCH 20, 2018
MORNING SESSION

1. CALL TO ORDER OF THE REGULAR MEETING

The meeting was called to order at 9:00 hours.  President Marc Brière was in the Chair. In attendance: Doug Gaetz, Adam Jackson, Kimberley Koch, Greg Krokosh, Gary Esslinger, Cosimo Crupi, Jamie vanSydenborgh, Brian Oldford, Ken Bye, Linda Koenders, Jérôme Martel, Eddy Aristil, Daniel Camara and Sylvie Bastien.

2. HOURS OF SESSION OF THE REGULAR MEETING

m/s      Greg Krokosh / Ken Bye           

That the hours of session be as follows:

Tuesday:        9:00 a.m. - 11:45 a.m.; 1:15 p.m. - 4:00 p.m.
                       4:00 p.m. - 5:00 p.m. Open Discussion
Wednesday:   9:00 a.m. - 11:45 a.m.; 1:15 p.m. - 5:00
Sunday:          9:00 a.m. - 12:00 p.m

  • MOTION CARRIED.

3.    ADOPTION OF AGENDA

m/s      Gary Esslinger / Kimberley Koch

That the agenda be adopted as printed with the following additions:

New Business

No addition was made to New Business.

Open discussion

  1. Time to get severance on retirement (K. Bye)
  2. Internal Investigation (C. Crupi)
  3. MAP (Merit Appointment Protocol) (J. vanSydenborgh)
  4. Protocol on Committee Rollout (K. Koch)
  5. Internal Mail (C. Crupi)
  • MOTION CARRIED.

4.   ADOPTION OF MINUTES OF THE PREVIOUS MEETING

m/s      Adam Jackson / Doug Gaetz        

That the minutes of the Executive Council Meeting of December 2017 be adopted.

  • Recorded Vote #1.  MOTION CARRIED UNANIMOUSLY.

President Brière turned the Chair over to Brother Doug Gaetz, 1st National Vice-President.

5.  PRESIDENT’S FOLLOW UP ITEMS

m/s      Marc Brière / Adam Jackson

That the follow up items of the President be adopted.

  • Recorded Vote #2.  MOTION CARRIED UNANIMOUSLY.

6.  REPORT OF THE PRESIDENT

m/s      Marc Brière / Adam Jackson

That the report of the President be adopted.

  • Recorded Vote #3.  MOTION CARRIED UNANIMOUSLY.

Brother Gaetz returns the chair to Brother Brière.

7.  REPORT OF THE 1st NATIONAL VICE-PRESIDENT

m/s      Doug Gaetz / Adam Jackson

That the report of the 1st National Vice-President be adopted.

  • Recorded Vote #4.  MOTION CARRIED UNANIMOUSLY.

8. REPORT OF THE 2nd NATIONAL VICE-PRESIDENT

m/s      Adam Jackson / Doug Gaetz

That the report of the 2nd National Vice-President be adopted.

  • Recorded Vote #5.  MOTION CARRIED UNANIMOUSLY.

9. REPORT OF THE REGIONAL VICE-PRESIDENTS / ALTERNATES

m/s      Ken Bye / Brian Oldford

That the activity reports of the RVPs and ARVPs be adopted.

  • Recorded Vote #6.  MOTION CARRIED UNANIMOUSLY.

National President Marc Brière turned the Chair over to Brother Doug Gaetz, 1st National Vice-President.

10. REPORT OF THE EXECUTIVE COMMITTEE

m/s      Marc Brière / Adam Jackson

That the report of the Executive Committee be adopted.

  • Recorded Vote #7.  MOTION CARRIED UNANIMOUSLY.

Brother Gaetz return the chair to Brother Brière.

Recess for lunch


AFTERNOON SESSION

The meeting was called back to order at 1:15 with President Brière in the Chair. 

11 a)   REPORT OF THE STAFFING COMMITTEE

m/s      Jérôme Martel / Adam Jackson

That the report of the Staffing Committee be adopted.

  • Recorded Vote #8.  MOTION CARRIED UNANIMOUSLY.

11 b)   REPORT OF THE BY-LAWS COMMITTEE

m/s      Ken Bye / Jérôme Martel

That the report of the By-Laws Committee be adopted.

  • Recorded Vote #9.  MOTION CARRIED UNANIMOUSLY.

11 c)   REPORT OF THE TECHNOLOGICAL CHANGE COMMITTEE

m/s      Brian Oldford / Greg Krokosh

That the report of the Technological Change Committee be adopted.

  • Recorded Vote #10.  MOTION CARRIED UNANIMOUSLY.

11 d)   REPORT OF THE EMPLOYEE ASSISTANCE PROGRAM COMMITTEE

m/s      Kimberley Koch / Linda Koenders

That the report of the Employee Assistance Program Committee be adopted.

  • Recorded Vote #11.  MOTION CARRIED UNANIMOUSLY.

11 e)   REPORT OF THE HEALTH & SAFETY COMMITTEE

m/s      Doug Gaetz / Brian Oldford

That the report of the Health & Safety Committee be adopted.

  • Recorded Vote #12.  MOTION CARRIED UNANIMOUSLY.

11 f)    REPORT OF THE EQUAL OPPORTUNITIES COMMITTEE

m/s      Linda Koenders / Greg Krokosh

That the report of the Equal Opportunities Committee be adopted.

  • Recorded Vote #13.  MOTION CARRIED UNANIMOUSLY.

At the request of the Council the session went “in camera ".

11 g)   REPORT OF THE HONOURS AND AWARDS COMMITTEE

m/s      Cosimo Crupi / Ken Bye

That the report of the Honours and Awards Committee be adopted.

  • Recorded Vote #15.  MOTION CARRIED UNANIMOUSLY.

Recommendation #1.

m/s      Cosimo Crupi / Ken Bye

Be it resolved that Executive Council support the committee recommendation under UTE Regulation 24.2 Certificate of Achievement (Al Lough Award) to Brother James Florio from Barrie, Local 00052.

  • Recorded Vote #14.  MOTION CARRIED UNANIMOUSLY.

Point of order

Brother Bye ask that President Brière interpret Regulation 24.2 before continuing the discussion.

Point of order is well taken by President Brière.

Ruling of the Chair

President Brière gave his interpretation on Regulation 24.2 and ruled that the submission is in accordance with Regulation 24.2

The Council then moved back into its regular session.

11 h)   REPORT OF THE WORKFORCE ADJUSTMENT COMMITTEE

m/s      Adam Jackson / Eddy Aristil

That the report of the Workforce Adjustment Committee be adopted.

  • Recorded Vote #16.  MOTION CARRIED UNANIMOUSLY.

11 i)    REPORT OF THE FINANCE COMMITTEE

m/s      Doug Gaetz / Gary Esslinger

That the report of the Finance Committee be adopted.

  • Recorded Vote #25.  MOTION CARRIED UNANIMOUSLY.

Recommendation #1:

m/s      Doug Gaetz / Gary Esslinger

Be it resolved that 13.2.1 (5) be changed from one hundred dollars ($100.00) to one hundred and five dollars ($105.00) with the following breakdown for Breakfast, Lunch, Dinner:

Be it further resolved that the following housekeeping changes be made to 13.2.1 (1) and 13.2.2 (1).

Motion to divide Recommendation #1

m/s      Ken Bye /

That Recommendation #1 be divided and treated separately.

For lack of seconder the motion was never put to a vote. 

13.1 REIMBURSEMENT OF EXPENSES

The purpose of this Regulation is to cover the reimbursement of expenses while on union business authorized by UTE.

13.2 PER DIEM

13.2.1 Executive

  1. National Officers, when working on union business authorized by UTE outside their home metropolitan area shall be paid a per diem of one hundred dollars ($100.00) as per 13.2.1 (5) to cover the costs of meals and incidental expenses.  This amount shall be paid to those on authorized UTE business and not otherwise compensated by UTE for the day of departure from their home up to and including the day of return.  However, a per diem of one hundred and twenty-five dollars ($125.00) shall be paid for Saturday and Sunday to those on authorized UTE business and not otherwise compensated by UTE.

  2. (a)  Officers of the Executive Council attending a meeting of the Executive Council, a Presidents’ Conference, National Committee meeting, Regional Conference, Inter-regional Conference, Convention, Federation of Labour Convention, a CLC Convention or any other UTE Conference within their home metropolitan   area shall be paid the per diem referred to in Regulation.  For a National Committee meeting where the Officer is staying at a hotel, with prior approval of the President or in their absence the 1st Vice-President, they shall be paid the per diem referred to in Regulation.
    (b)         Officers of the Executive Council attending a meeting of a National Committee   being held in the UTE National Office and not receiving a per diem under clause (a), shall be paid the lunch per diem referred to in Regulation.  A dinner per diem referred to in Regulation may be paid with the approval of the President or in their absence the 1st Vice-President.

  3. Officers of the Executive Council and designated UTE appeals representatives shall be paid the per diem referred to in Regulation when they either represent an appellant or act as a technical advisor at a hearing within their home metropolitan area.

  4. UTE appeal representatives shall be entitled to reimbursement for the actual cost of expenses incurred in representing an appellant during an appeal, in addition to the per diem referred to in the above paragraph.

  5. Officers of the Executive Council shall be entitled to reimbursement of necessary meals in accordance with UTE rates as shown below, travel and parking costs while on union business authorized by UTE within their home metropolitan area except as provided in Regulation.

Weekday

Weekend

(a)

Breakfast

$23.00 ($25.00)

$30.00

(b)

Lunch

$30.00 (n/c)

$40.00

(c)

Dinner

$47.00 ($50.00)

$55.00

Total

$105.00

$125.00

13.2.2 Members

  1. (a) Members of UTE who are not Officers of the Executive Council shall be entitled to receive a per diem of one hundred dollars ($100.00)  as per 13.2.1 (5)  while on union business authorized by UTE and not otherwise compensated by UTE outside their home metropolitan area or while attending a Presidents’ Conference or any other UTE Conference within their home metropolitan area.  However, a per diem of one hundred and twenty-five dollars ($125.00) shall be paid for Saturday and Sunday to those on authorized UTE business and not otherwise compensated by UTE. Per Diem for Regional and Inter-regional Conferences shall be established by Regional Vice-Presidents.
  • Recorded Vote #17.  MOTION CARRIED.

Recommendation #2

m/s    Doug Gaetz / Gary Esslinger

Be it resolved that regulation 13.3.1 be removed and that the remaining be re-numbered;

Be it further resolved that 13.3.2 be changed to remove last sentence.

13.3 ADVANCES

  1. Officers of the Executive Council shall be entitled to obtain a standing advance of one hundred dollars ($100.00) to three hundred dollars ($300.00) to deal with UTE business. Generally, this advance will be used for typing of correspondence, mailing costs, buying supplies and travelling.

  1. Officers of the Executive Council shall not obtain more than three (3) advances at the same time unless it has been authorized by the 1st Vice-President. This excludes the standing advance and any advance for Regional, Inter-regional Conferences or Executive Council meetings.

  1. Officers of the Executive Council, prior to obtaining an advance, shall provide a detailed accounting to the best of their knowledge for the use of this advance unless it is used for an Executive Committee meeting, a Presidents’ Conference or a meeting of a UTE Committee.

  2. An advance for any member will not be issued under the amount of one hundred and fifty dollars ($150.00) unless authorized by the 1st Vice-President.

  3. An approved advance for any member including staff shall only include costs for travel, hotel and per diem. The travel portion of the advance shall normally be Flex Class Airfare. Any other airfare shall have prior approval of the President or in their absence the 1st Vice-President.

•           Recorded Vote #18.  MOTION CARRIED UNANIMOUSLY.

Recommendation #3

m/s      Doug Gaetz / Gary Esslinger

Be it resolved that 13.6.2 be changed to now read (90) days from the previous (30) days.

13.6 LOCAL OBSERVER STIPEND FOR PRESIDENTS CONFERENCE

  1. Notwithstanding By-Law 8 Section 1 (1) (j), a Local that brings an observer to a Presidents’ Conference will, upon completion of the required documentation, be entitled to one (1) observer stipend of up to the lesser of either five hundred dollars ($500.00) or the actual expenses incurred. In the event that locals send additional observers this will not be considered in the calculation of expenses incurred.
  2. The above mentioned expense claim must be accompanied by all required documentation and/or receipts and be received by the National Office within thirty (30) ninety (90) days of the close of business of the Presidents’ Conference.
  • Recorded Vote #19.  MOTION CARRIED UNANIMOUSLY.

Recommendation #4

m/s      Doug Gaetz / Gary Esslinger

Be it resolved that 13.8 (4) be changed to include Executive Council.

13.8 DAY OFF

Officers of the Executive Council shall be entitled to reimbursement of one additional day for loss of wages, if loss incurred, to a maximum of six (6) days per year when they:

  1. attend UTE Executive Council followed by a Presidents’ Conference; or
  2. attend a UTE National Committee meeting preceded or followed by a UTE Executive Council meeting; or
  3. attend a UTE National Committee meeting preceding or following a UTE Executive Council meeting and a Presidents’ Conference; or
  4. attend UTE Executive Council or a UTE National Committee meeting preceding or following a Conference   or a Convention that lasts more than six (6) consecutive days.
  • Recorded Vote #20.  MOTION CARRIED UNANIMOUSLY.

Recommendation #5

m/s      Doug Gaetz / Gary Esslinger

Be it resolved that 13.10.9.b be changed to read CRA and not CCRA.

13.10 GUIDELINES FOR EXPENSES (Change in English only)

(9)       Miscellaneous General:  All Miscellaneous expenses except tips must be receipted.

  1. Phone calls: A reasonable amount of telephone calls will be reimbursed.

  2. Sick/Vacation: If on authorized union business and you work less than 75 hours   for CCRA in a given month. Thus causing a loss of vacation and sick credits. UTE will reimburse you for this loss by the submitting of a salary claim for the period, indicating loss of credits.

  3. Tips: A reasonable amount of tips will be reimbursed, examples include bell person at hotels, not included, tips at

  • Recorded Vote #21.  MOTION CARRIED UNANIMOUSLY.

Recommendation #6

m/s      Doug Gaetz / Gary Esslinger

Be it resolved that 13.10.10.k be changed to delete (excluding the President and 1st Vice-president);

Be it further resolved that the amount be changed from one hundred and fifty dollars to two hundred and fifty dollars per month.

Motion to divide Recommendation #6.

m/s      Jérôme Martel / Eddy Aristil

The rational to divide the recommendation is that the Regulation is the same but the two “be it resolved” are two different issues.

  • MOTION TO DIVIDE CARRIED

1st Motion to delete (excluding the President and 1st Vice-President).

Be it resolved that 13.10.10.k be changed to delete (excluding the President and 1st Vice-president);

  • Recorded Vote #22.  MOTION CARRIED.

2nd Motion -  2nd “be it resolved” to reduce from $250 to $200.

m/s      Jérôme Martel / Eddy Aristil

  • MOTION IS DEFEATED

Be it further resolved that the amount be changed from one hundred and fifty dollars to two hundred and fifty dollars per month.

  • Recorded Vote #23.  MOTION DEFEATED.

13.10  GUIDELINES FOR EXPENSES

(10)     Executive Council Miscellaneous:

  1. Laundry:  Reasonable amounts can be expensed for laundry charges for extended stays seven days (7) or due to short time frames between trips or if the expenses have been pre-approved for exceptional situations.

  2. Brief Cases: An Officer of Executive Council is entitled to a briefcase and replacement when necessary (approx. one hundred and fifty dollars $150.00).

  3. Luggage:  Executive Council is entitled to an appropriate set of luggage at a pre-approved reasonable price and to be replaced when necessary.

  4. Telephone Accessories:  As each Officer of Council is given the use of a cell phone, UTE will reimburse approved cell phone accessories (i.e. case, hands free etc.)

  5. Computer Accessories:  As each Officer of Council is given the use of a Laptop computer, UTE will reimburse approved computer accessories. (i.e. printer ink, mouse, etc).

  6. General Office Supplies: As this is considered to be covered by the Council members’ residence expense, only pre-approved exceptional items will be reimbursed.

  7. Postage: The expense of regular stamps should come from the Council members’ residence expense. Large postage items, parcels etc.  can be reimbursed by attaching receipts to the expense claims. (i.e. grievance files.)

  8. Day Off: As per Regulation.

  9. Admin Day:  Officers of Executive Council (excluding the President or the 1st Vice-President) may use an administration day to complete union work if approved by the President or the 1st Vice-President.

  10. Residence Expense: Officers of the Executive Council (excluding the President or 1st Vice-President) shall receive twice yearly a residence expense to be paid in the months of June and December an amount of $100.00 per month.

  11. A Stipend: Officers of the Executive Council (excluding the President and 1st Vice-President) shall receive twice yearly a stipend to be paid in the months of March and September in the amount of one hundred and fifty dollars ($150.00) per month two hundred and fifty dollars ($250.00) per month.

Recommendation #7:

m/s      Doug Gaetz / Gary Esslinger

Be it resolved that the following line items be approved for overspending:

UTE
OVER-EXPENDITURES
DECEMBER 2017 EXECUTIVE COUNCIL

     DATE    

LINE ITEM DESCRIPTION

2017 BUDGET

ACTUAL + PROJECTED

PREVIOUSLY APPROVED

OVERAGE REQUIRED

31-Dec-17

National Office Salaries - Office Staff

1,477,000.00

1,584,932.63

103,892.86

4,039.77

31-Dec-17

National Office Salaries - President

109,720.00

118,177.93

6,973.81

1,484.12

31-Dec-17

Vacation Leave

25,000.00

49,495.09

 

&24,495.09

31-Dec-17

National Office Benefits - Employees

452,000.00

522,401.74

50,255.74

20,146.00

  • Recorded Vote #24.  MOTION CARRIED UNANIMOUSLY.

OPEN DISCUSSION

The Council members discussed the items under this section.

The meeting recessed at 5:00 p.m.


WEDNESDAY, MARCH 21, 2018
MORNING SESSION

The meeting was called to order at 9:00 with National President Brière in the Chair. 

11 j)    REPORT OF THE COMMUNICATIONS COMMITTEE

m/s      Gary Esslinger / Ken Bye

That the report of the Communications Committee be adopted.

  • Recorded Vote #26.  MOTION CARRIED UNANIMOUSLY.

11 k)   REPORT OF THE BARGAINING COMMITTEE

m/s      Adam Jackson / Jamie vanSydenborgh

That the report of the Bargaining Committee be adopted.

  • Recorded Vote #27.  MOTION CARRIED UNANIMOUSLY.

11l)     REPORT OF THE POLITICAL ACTION COMMITTEE (PAC)

m/s      Jamie vanSydenborgh / Cosimo Crupi

That the report of the Political Action Committee be adopted.

  • Recorded Vote #28.  MOTION CARRIED UNANIMOUSLY.

11 m) REPORT OF THE CALL CENTRE COMMITTEE

m/s      Greg Krokosh / Jamie vanSydenborgh

That the report of the Call Centre Committee be adopted.

  • Recorded Vote #29.  MOTION CARRIED UNANIMOUSLY.

11 n)   REPORT OF THE AD HOC UNION MANAGEMENT APPROACH (UMA) AND CONFLICT RESOLUTION COMMITTEE

m/s      Eddy Aristil / Doug Gaetz

That the report of the Ad-Hoc UMA and Conflict Resolution Committee be adopted.

  • Recorded Vote #30.  MOTION CARRIED UNANIMOUSLY.

12.   ADOPTION OF FINANCIAL STATEMENTS

m/s      Doug Gaetz / Cosimo Crupi

That the Financial Statements as of December 31, 2017, be adopted.

  • Recorded Vote #31.   MOTION CARRIED UNANIMOUSLY.

13. EXPENSE CLAIMS OVER 90 DAYS

m/s      Doug Gaetz / Gary Esslinger

That the expense claims over 90 days be accepted.

  • Recorded Vote #32.  MOTION CARRIED UNANIMOUSLY.

14.      COLLECTIVE BARGAINING

A short discussion on bargaining took place.

15.      DONATION REQUEST – BROTHER CHRIS AYLWARD’S   CAMPAIGN

m/s      Doug Gaetz / Adam Jackson

Whereas Brother Chris Aylward is running for the position of National President at the PSAC Convention; and

Whereas Brother Chris Aylward is a long time UTE member and promotes the values of UTE; and

Whereas it has been past practice of UTE to financially support candidates they believe to be viable for such positions.

Be It Resolved that UTE donate $1500.00 to Brother Chris Aylward campaign; and

Be It Further Resolved that this donation not be binding regarding support of the candidate by any UTE delegate.

  • Recorded Vote #33.  MOTION CARRIED.

16. TRUSTEE REPORT – TROIS-RIVIÈRES LOCAL 10027

m/s      Jérôme Martel / Eddy Aristil

There were developments concerning the Local.

I’ve met the members on November 22nd, 2017 and November 27th, 2017, date in which I organized a chicken dinner with Normand Pelletier, Union Adviser for PSAC.

Afterward, I had several telephone discussions with members and management.

A person contacted me to tell me that further to our discussion in person, she would be interested to take over the Local with two other members.

Further to a discussion with the National President, it was officially decided on January 26, 2018 to assign three members as temporary executive.

I am confident for the future.

We are currently preparing the 2017 financial statements and planning an AGM in about two months.

  • Recorded Vote #34.  MOTION CARRIED.

Recess for lunch


AFTERNOON SESSION

The meeting was called back to order at 1:15 with National President Brière in the Chair. 

17.   AUDITED FINANCIAL STATEMENTS 2017

m/s      Doug Gaetz / Cosimo Crupi

BE IT RESOLVED THAT the 2017 Audited Financial Statements be adopted.

Brother Gaetz would like minutes to reflect the excellent work from the Finance Staff on preparing these audits and working with the auditors and the work they do throughout the year.

  • Recorded Vote #35.  MOTION CARRIED UNANIMOUSLY.

OPEN DISCUSSION

The Council members discussed the remaining items under this section.

Point of order

Brother Martel raise a point of order. If the point was brought by the chair, can he preside his own point or is it going to be chaired by the 1st National Vice-President.

The point of order is not well taken because it’s an open discussion.

President Brière would like to withdraw the following items from the open discussion section: #7. Union Dues, #8. MOU – Compensation Advisor, # 9. Reopening Clause.

The meeting adjourned at 5:00 p.m.

________________________                  ______________________

Marc Brière                                                  Doug Gaetz
National President                                       First National Vice-President