By-Laws Committee

Report of the By-Laws Committee

September 2019

Ken Bye

As mentioned in the June By-Laws committee report the committee met May 22-23, 2019 in Ottawa. A follow up conference call was held on September 5, 2019 to discuss and review our translated recommendations.

The committee proposes the following recommendations to Executive Council:

Recommendation #1

m/s      Ken Bye / Jérôme Martel

Current
By-Law 6

Section 7

Each Local shall hold an Annual General Meeting for the purpose of receiving annual reports from its officers and con­sidering such other business as may be required by its By-Laws, and other business as may be properly considered at that time.

Section 8

Each Local shall submit annually, a copy of their Local Annual Financial Statement/Reports to the Vice-President responsible for Finance.  They shall be submitted no later than 90 days from when they were presented to the Local’s Annual General Meeting.

Proposed
By-Law 6

Section 7

Each Local shall hold an Annual General Meeting for the purpose of receiving annual reports from its officers, an annual budget, audited annual Financial Statement/Reports and con­sidering such other business as may be required by its By-Laws, and other business as may be properly considered at that time.

Section 8

Each Local shall submit annually, a copy of their Local Audited Annual Financial Statement/Reports to the 1st Vice-President responsible for Finance.  They shall be submitted no later than 90 days from when they were presented to the Local’s Annual General Meeting.

Recommendation #2

m/s      Ken Bye / Jérôme Martel

Current

24.11  ICA SPONSORSHIP AND SUBSIDY

Each year the Union of Taxation Employees sponsors a student and subsidizes a member in good standing to travel to Africa with the International Children’s Awareness (ICA).  ICA focuses on holistic development in Cameroon including projects such as bringing fresh water to villages, building schools and health clinics.  The trip is usually in February.

24.11.1 Student Sponsorship

(1)       The sponsorship will be awarded to a student 18 years of age or older who is enrolled in post-secondary education.

(2)       The sponsorship will cover all costs associated with their travel to Africa.  These costs shall include; the cost of travel, obtaining Visas, vaccinations, accommodations and per diems en route and any other related costs.

24.11.2 Member Subsidy

(1)       The subsidy will be awarded to a member of UTE in good standing who is 18 years of age or older.

(2)       The subsidy will cover all costs associated with their travel to Africa to a maximum of two thousand five hundred dollars ($2,500.00).  These costs shall include; the cost of travel, obtaining Visas, vaccinations, accommodations and per diems en route and any other related costs.

24.11.3 Guidelines and Requirements

(1)       The applicants must:

(a)       have an up to date passport;

(b)       have received all of the required inoculations prior to leaving for Africa;

(c)        sign a waiver with the Union of Taxation Employees, exempting the Union of any liability for accidents or injuries that may occur;

(d)       complete any paperwork that is required by ICA;

(e)       submit an application including their name and contact information and be sent to the Honours and Awards Committee by September 15th, at 23:59 (EST). A 400 to 700 words essay or an audio or video submission no longer than 4 minutes, on explaining why you would like to be a part of the ICA team to Africa and the International Children’s Awareness projects.

(2)       Preference shall be given to members or students who have never been on this trip.

24.11.4 Annual Donations and Donation Reminder

(1)       UTE will make an annual donation to ICA in the amount equal to the rebate UTE receives from the Bank of Montreal Affinity Program.

(2)       If in a given year, no student is selected to go with ICA, UTE will donate an additional five thousand dollars ($5,000.00) to ICA.

(3)       If in a given year, no member is selected to go with ICA, UTE will donate an additional two thousand five hundred dollars ($2,500.00).   to ICA.

(4)       UTE will annually remind its membership to consider a donation to ICA as part of the annual Government of Canada Workplace Charitable Campaign (GCWCC).

Adopted September 1986

Amended September 2006

Amended March 2012

Amended March 1987

Amended December 2006

Amended Sept. 2012

Amended June 1988

Amended September 2007

Amended Dec. 2013

Amended September 1988

Amended December 2007

Amended June 2015

Amended March 1989

Amended June 2008

Amended Sept. 2015

Amended December 1992

Amended September 2008

Amended Dec. 2016

Amended December 1996

Amended Dec. 2008

Amended Sept. 2018

Amended December 2000

Amended March 2009

Amended Dec. 2018

Amended June 2002

Amended Sept 2009

Amended December 2003

Amended Sept 2010

Amended July 2005

Amended Dec 2010

Amended March 2006

Amended July 2011

Amended March 2011

Amended Dec. 2011

Proposed

24.11  ICA SPONSORSHIP AND SUBSIDY

Each year the Union of Taxation Employees sponsors a student and subsidizes a member in good standing to travel to Africa with the International Children’s Awareness (ICA).  ICA focuses on holistic development in Cameroon including projects such as bringing fresh water to villages, building schools and health clinics.  The trip is usually in February.

24.11.1 Student Sponsorship

(1)       The sponsorship will be awarded to a student 18 years of age or older who is enrolled in post-secondary education.

(2)       The sponsorship will cover all costs associated with their travel to Africa the country chosen by ICA.  These costs shall include; the cost of travel, obtaining Visas, vaccinations, accommodations and per diems en route and any other related costs.

24.11.2 Member Subsidy

(1)       The subsidy will be awarded to a member of UTE in good standing who is 18 years of age or older.

(2)       The subsidy will cover all costs associated with their travel to Africa the country chosen by ICA to a maximum of two thousand five hundred dollars ($2,500.00).  These costs shall include; the cost of travel, obtaining Visas, vaccinations, accommodations and per diems en route and any other related costs.

24.11.3 Guidelines and Requirements

(1)       The applicants must:

(a)       have an up to date passport;

(b)       have received all of the required inoculations prior to leaving for Africa the country chosen by ICA;

(c)        sign a waiver with the Union of Taxation Employees, exempting the Union of any liability for accidents or injuries that may occur;

(d)       complete any paperwork that is required by ICA;

(e)       submit an application including their name and contact information and be sent to the Honours and Awards Committee by September 15th, at 23:59 (EST). A 400 to 700 words essay or an audio or video submission no longer than 4 minutes, on explaining why you would like to be a part of the ICA team to Africa and the International Children’s Awareness projects.

(2)       Preference shall be given to members or students who have never been on this trip.

24.11.4 Annual Donations and Donation Reminder

(1)       UTE will make an annual donation to ICA in the amount equal to the rebate UTE receives from the Bank of Montreal Affinity Program.

(2)       If in a given year, no student is selected to go with ICA, UTE will donate an additional five thousand dollars ($5,000.00) to ICA.

(3)       If in a given year, no member is selected to go with ICA, UTE will donate an additional two thousand five hundred dollars ($2,500.00).   to ICA.

(4)       UTE will annually remind its membership to consider a donation to ICA as part of the annual Government of Canada Workplace Charitable Campaign (GCWCC).

Adopted September 1986

Amended September 2006

Amended March 2012

Amended March 1987

Amended December 2006

Amended Sept. 2012

Amended June 1988

Amended September 2007

Amended Dec. 2013

Amended September 1988

Amended December 2007

Amended June 2015

Amended March 1989

Amended June 2008

Amended Sept. 2015

Amended December 1992

Amended September 2008

Amended Dec. 2016

Amended December 1996

Amended Dec. 2008

Amended Sept. 2018

Amended December 2000

Amended March 2009

Amended Dec. 2018

Amended June 2002

Amended Sept 2009

Amended December 2003

Amended Sept 2010

Amended July 2005

Amended Dec 2010

Amended March 2006

Amended July 2011

Amended March 2011

Amended Dec. 2011

Recommendation #3

m/s      Ken Bye / Jérôme Martel

That Resolution of Record 27.  Funding PSAC Regional Conventions be removed from Appendix A - Resolutions of Record.

Recommendation #4

m/s      Ken Bye / Jérôme Martel

That the item “National Courses” be added to the Guiding Principles and Practices of the Union of Taxation Employees.

National Courses

UTE has developed training courses in order to educate our activists to assist them in carrying out their duties.

The President, in consultation with the Executive Council and the Senior Labour Relations Officer will decide which course will be delivered in a given year and the timing as to when the course will be held.

National Courses will normally be held in Ottawa.

National Courses will be scheduled in both Official Languages.

The maximum number of participants per course in each official language shall be 25 members.

Recommendation #5

m/s      Ken Bye / Jérôme Martel

Current

REGULATION  NO. 23 - MARGUERITE STONEHOUSE MEMORIAL SCHOLARSHIPS (Labour College of Canada Scholarship)

Marguerite Stonehouse began her career with the Taxation Staff Association in the 1960’s when it was part of the Federation of Public Servants.  She attended the founding Convention of the PSAC.  With the formation of “Locals” she became a Chief Steward in the Edmonton Local.  Until her untimely death, she served, in various positions, the Union of Taxation Employees at both the Local and National levels.

Like many other pioneering members of the fledgling Taxation Component she had to endure intimidation, harassment and discrimination from a management whose attitude towards the union could best be described as negative.  An example of her fight to gain union rights was her filing a complaint charging management with discrimination because of her union activity.  After two (2) long years of litigation, the complaint was upheld.  Her case became a landmark decision in the fight for union rights.

In recognition of her accomplishments, the Union of Taxation Employees has named the scholarship to the Labour College of Canada after her.

(1)       The purpose of this Regulation is to state the terms and conditions of the scholarships.

(2)       Every member in good standing of UTE who applies to the Labour College of Canada Program can apply for the scholarships.

(3)       The Executive Committee of UTE shall award the scholarships by taking into account the recommendations made by the Labour College of Canada Selection Committee.

(4)       Each year, UTE will award one (1) scholarship for the four (4) week course and four (4) regional scholarships for the one (1) week course.

(5)       For the four (4) week course, the following costs shall be borne by UTE.

(a)       the full cost of tuition, books and college residence (as defined by the College);

(b)       loss of salary and benefits and bilingual bonus while in attendance at the College.  Loss of salary shall not include any shift premiums, weekend premiums or loss of overtime benefits;

(c)        a per diem in accordance with UTE Regulations for each day while in attendance at the College;

(d)       the cost of three (3) ten (10) minute telephone calls home at the after 18:00 hours long distance rate for each week in residence at the College;

(e)       the actual transportation costs to the College at the commencement of studies and return home on completion.  This cost shall be limited to first class rail or Flex Class Airfare travel;

(f)        when the course is four (4) consecutive weeks, the actual transportation costs of one return trip home during the College session. This cost shall be limited to first class rail or Flex Class Airfare travel;

(g)       family care expenses, if applicable, in accordance with current UTE policy; and

(h)       other necessary expenses subject to the prior approval of the National President and the 1st Vice-President.

(6)       For the one (1) week course, the following costs shall be borne by UTE;

(a)       the full costs of tuition, books and hotel;

(b)       loss of salary and benefits and bilingual bonus while in attendance at the   course.  Loss of salary shall not include any shift premiums, weekend premiums or loss of overtime benefits;

(c)        a per diem allowance in accordance with the UTE regulation on expenses for each day while in attendance at the course.  If not staying in a hotel the meal rate for lunch will be paid;

(d)       the cost of two (2) ten (10) minute telephone calls home at the after 18:00 hours long distance rate for the week of the course if required to call long distance;

(e)       the actual travel costs to attend the course at the commencement of the course and return home on completion.  This cost shall be limited to first class rail or Flex Class Airfare;

(f)        family care expenses, if applicable, in accordance with current UTE policy and;

(g)       other necessary expenses subject to the prior approval of the National President and the 1st Vice-President.

Adopted June 1985                         Amended December 2013
Amended July 1987                         Amended July 2014
Amended September 1989             French only June 2015
Amended December 1996
Amended September 1998
Amended December 1999
Amended September 2012

Proposed

REGULATION NO. 23 - MARGUERITE STONEHOUSE MEMORIAL SCHOLARSHIPS (Labour College of Canada Scholarship)

Marguerite Stonehouse began her career with the Taxation Staff Association in the 1960’s when it was part of the Federation of Public Servants.  She attended the founding Convention of the PSAC.  With the formation of “Locals” she became a Chief Steward in the Edmonton Local.  Until her untimely death, she served, in various positions, the Union of Taxation Employees at both the Local and National levels.

Like many other pioneering members of the fledgling Taxation Component she had to endure intimidation, harassment and discrimination from a management whose attitude towards the union could best be described as negative.  An example of her fight to gain union rights was her filing a complaint charging management with discrimination because of her union activity.  After two (2) long years of litigation, the complaint was upheld.  Her case became a landmark decision in the fight for union rights.

In recognition of her accomplishments, the Union of Taxation Employees has named the scholarship to the Labour College of Canada (LCC) after her.

(1)       The purpose of this Regulation is to state the terms and conditions of the scholarships.

(2)       Every member in good standing of UTE who applies to the Labour College of Canada Certificate Program can apply for the scholarships.

(3)       The Executive Committee of UTE shall award the scholarships by taking into account the recommendations made by the Labour College of Canada Selection Committee.

(4)       Each year, UTE will award one (1) scholarship for the four (4) week course and four (4) regional scholarships for the one (1) week course a member selected for the LCC Certificate Program.

(5)       Members approved for the scholarship will have their expenses to participate in the LCC Certificate Program reimbursed as per UTE Regulations, subject to the approval of the 1st Vice-President.

.For the four (4) week course, the following costs shall be borne by UTE.

(a)       the full cost of tuition, books and college residence (as defined by the College);

(b)       loss of salary and benefits and bilingual bonus while in attendance at the   College.  Loss of salary shall not include any shift premiums, weekend            premiums or loss of overtime benefits;

(c)        a per diem in accordance with UTE Regulations for each day while in         attendance at the College;

(d)       the cost of three (3) ten (10) minute telephone calls home at the after 18:00             hours long distance rate for each week in residence at the College;

(e)       the actual transportation costs to the College at the commencement of studies      and return home on completion.  This cost shall be limited to first class rail or    Flex Class Airfare travel;

(f)        when the course is four (4) consecutive weeks, the actual transportation costs      of one return trip home during the College session. This cost shall be limited to         first class rail or Flex Class Airfare travel;

(g)       family care expenses, if applicable, in accordance with current UTE policy; and

(h)       other necessary expenses subject to the prior approval of the National President and the 1st Vice-President.

(6)       For the one (1) week course, the following costs shall be borne by UTE;

(a)       the full costs of tuition, books and hotel;

(b)       loss of salary and benefits and bilingual bonus while in attendance at the course.              Loss of salary shall not include any shift premiums, weekend premiums or loss     of overtime benefits;

(c)        a per diem allowance in accordance with the UTE regulation on expenses for        each day while in attendance at the course.  If not staying in a hotel the meal      rate for lunch will be paid;

(d)       the cost of two (2) ten (10) minute telephone calls home at the after 18:00 hours long distance rate for the week of the course if required to call long distance;

(e)       the actual travel costs to attend the course at the commencement of the course    and return home on completion.  This cost shall be limited to first class rail or    Flex Class Airfare;

(f)        family care expenses, if applicable, in accordance with current UTE policy and;

(g)       other necessary expenses subject to the prior approval of the National President and the 1st Vice-President.

Adopted June 1985                         Amended December 2013
Amended July 1987                         Amended July 2014
Amended September 1989             French only June 2015
Amended December 1996
Amended September 1998
Amended December 1999
Amended September 2012

Recommendation #6

m/s      Ken Bye / Jérôme Martel

Current

REGULATION NO. 3 - COMMITTEES

(1)       There shall be thirteen (13) Standing Committees:

(a)       Bargaining, By-Laws, Staffing, Technological Change, Health and Safety, Equal Opportunities, Employee Assistance Program, Finance, Honours and Awards, Workforce Adjustment, Communications, Political Action and Call Centres.

(b)       Each Standing Committee with the exception of the Bargaining Committee, Staffing Committee and Workforce Adjustment Committee (WFA) will have one (1) President’s Representative.  The Bargaining and WFA Committees will each have two (2) President’s Representatives; one from a TSO and one from a TC.  The Staffing Committee will have three (3) President’s Representatives; one from a TSO, one from a TC and one from a Call Centre.  All Presidents’ Representatives shall be elected in accordance with By-Law 8 Section 1 (g).

c)         For the purpose of voting for these positions, the following Locals are considered to be Tax Centres:         

Summerside 90006
St. John’s 90000
Surrey 20029
Jonquière 10004
Shawinigan 10005
Winnipeg 50031
Sudbury TC 00042
Ottawa Technology Centre 70030
Winnipeg Compensation Client Service Centre 50032
ITSO 70009

(d)        For the purpose of voting for the Call Centre positions, the following Locals are considered to be Call Centres:

St. John’s TSO 90001
Saint John 60005
Montreal 10008
Toronto North 00048
Hamilton 00014
Ottawa Technology Centre 70030
Calgary Call Centre 30022
Edmonton 30025
Pacific Region Call Centre 20050
Surrey TC 20029
Shawinigan TC 10005

(2)       There shall be Ad Hoc Committees as they are required.

(3)       Meetings will normally be held in the National Capital Region.

(4)       A minimum of one Executive Council Officer shall sit on each Committee.

(5)       When a Committee Chairperson is unable to fulfil their duties for a temporary period of time the President shall:

(a)       have the authority to appoint the other Executive Council Officer sitting on the Committee as the Interim Chairperson; and

(b)       assign the Chairperson’s Alternate RVP to the Committee for the same period of time.

(6)       If the position of Local President’s representative on a Committee becomes vacant, that position shall be filled in accordance with By-Law 8, Section 1 (1) (g) (v).

(7)       Each Committee shall meet at the call of the Chairperson or the Interim Chairperson a minimum of once in a three (3) year term.

(8)       The Chairperson or the Interim Chairperson determines the duration and method of approach to resolve the business before the Committee in consultation with the President.

(9)       Committee meetings shall be an authorized UTE expense.

(10)     No meetings with the CRA officials shall be held without the authorization of the   Executive Council, Executive Committee or the President.

(11)     The Committees of UTE take heed to both official languages.

Adopted September 1978

Amended December 1996

Amended July 2014

Amended May 1979

Amended September 1999

Amended December 2014

Amended August 1981

Amended September 2000

Amended June 2015

Amended July 1984

Amended December 2003

Amended December 2016

Amended September 1986

Amended July 2005

Amended September 2017

Amended September 1987

Amended December 2007

Amended December 2018

Amended September 1989

Amended July 2011

Amended December 1989

Amended September 2012

Amended September 1992

Amended December 2013

Proposed

REGULATION NO. 3 - COMMITTEES

(1)       There shall be thirteen (13) Standing Committees:

(a)      Bargaining, By-Laws, Staffing, Technological Change, Health and Safety, Equal Opportunities, Employee Assistance Program, Finance, Honours and Awards, Workforce Adjustment, Communications, Political Action and Call Centres.

(b)      Each Standing Committee with the exception of the Bargaining Committee, Staffing Committee and Workforce Adjustment Committee (WFA) will have one (1) President’s Representative.  The Bargaining and WFA Committees will each have two (2) President’s Representatives; one from a TSO and one from a TC.  The Staffing Committee will have three (3) President’s Representatives; one from a TSO, one from a TC and one from a Call Centre.  All Presidents’ Representatives shall be elected in accordance with By-Law 8 Section 1 (g).

(c)      For the purpose of voting for Presidents Representative on the following committees: By-Laws, Technological Change, Health and Safety, Equal Opportunities, Employee Assistance Program, Finance, Honours and Awards, Communications and Political Action, all Locals shall be eligible to cast a ballot. 

these positions, the following Locals are                                     considered to be Tax Centres:

                        Summerside 90006
                        St. John’s 90000
                        Surrey 20029
                        Jonquière 10004
                        Shawinigan 10005
                        Winnipeg 50031
                        Sudbury TC 00042
                        Ottawa Technology Centre 70030
                        Winnipeg Compensation Client Service Centre 50032
                        ITSO 70009

           (d)       For the purpose of voting for the Call Centre positions committee representative, the following Locals are considered to be Call Centres shall be eligible to cast a ballot:

St. John’s TSO 90001
Saint John 60005
Montreal 10008
Toronto North 00048
Hamilton 00014
Ottawa Technology Centre 70030
Calgary Call Centre 30022
Edmonton 30025
Pacific Region Call Centre 20050
Surrey TC 20029
Shawinigan TC 10005

(e)       For the purpose of voting for the Workforce Adjustment and Bargaining committees.

(1) the following Locals shall be eligible to cast a ballot for the TC representative:

Winnipeg TC 50031
Sudbury 00042
Jonquiere 10004
Summerside 90006

(2) the remaining 56 Locals shall be eligible to cast a ballot for the TSO representative.

(f)     For the purpose of voting for the Staffing committee.

(1) the following Locals shall be eligible to cast a ballot for the TC representative:

Winnipeg TC 50031
Sudbury 00042
Jonquiere 10004
Summerside 90006

(2) the remaining 56 Locals shall be eligible to cast a ballot for the TSO representative.

(3) the following Locals shall be eligible to cast a ballot for the Call Centre representative:

St. John’s TSO 90001
Saint John 60005
Montreal 10008
Toronto North 00048
Hamilton 00014
Ottawa Technology Centre 70030
Calgary Call Centre 30022
Edmonton 30025
Pacific Region Call Centre 20050
Surrey TC 20029
Shawinigan TC 10005

(2)       There shall be Ad Hoc Committees as they are required.

(3)       Meetings will normally be held in the National Capital Region.

(4)       A minimum of one Executive Council Officer shall sit on each Committee.

(5)       When a Committee Chairperson is unable to fulfil their duties for a temporary period of time the President shall:

(a)       have the authority to appoint the other Executive Council Officer sitting on the Committee as the Interim Chairperson; and

(b)       assign the Chairperson’s Alternate RVP to the Committee for the same period of time.

(6)       If the position of Local President’s representative on a Committee becomes vacant, that position shall be filled in accordance with By-Law 8, Section 1 (1) (g) (v).

(7)       Each Committee shall meet at the call of the Chairperson or the Interim Chairperson a minimum of once in a three (3) year term.

(8)       The Chairperson or the Interim Chairperson determines the duration and method of approach to resolve the business before the Committee in consultation with the President.

(9)       Committee meetings shall be an authorized UTE expense.

(10)     No meetings with the CRA officials shall be held without the authorization of the Executive Council, Executive Committee or the President.

(11)     The Committees of UTE take heed to both official languages.

Adopted September 1978

Amended December 1996

Amended July 2014

Amended May 1979

Amended September 1999

Amended December 2014

Amended August 1981

Amended September 2000

Amended June 2015

Amended July 1984

Amended December 2003

Amended December 2016

Amended September 1986

Amended July 2005

Amended September 2017

Amended September 1987

Amended December 2007

Amended December 2018

Amended September 1989

Amended July 2011

Amended December 1989

Amended September 2012

Amended September 1992

Amended December 2013

Recommendation #7

m/s      Ken Bye / Jérôme Martel

That the local numbers be added to Regulation 1 for ease of reference.

Respectfully submitted,

Ken Bye
Chair of the Committee