By-Laws Committee

REPORT OF THE BY-LAWS COMMITTEE SEPTEMBER 2005

By-Laws Committee 

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REPORT OF THE BY-LAWS COMMITTEE

SEPTEMBER 2005

Chris Aylward Item 11(b)

The Committee met on September 7 and has two (2) recommendations to propose
as follows:


Recommendation no. 1

REGULATION  NO. 22  

22.1 TERMS AND CONDITIONS FOR THE POSITION OF THE
ELECTED PAID OFFICERS

(1) The purpose of this Regulation
is to state the terms and conditions of the elected and full-time paid
positions of the President and 1st Vice-President of UTE.

22.1.1  Tenure of Office

(1) The tenure of office for the officers
shall be in accordance with the By-Laws.

22.1.2  Pay

(1) The Officers shall be remunerated
as provided:

(a) The President:

Year One        $92,000.00

Year Two        $95,000.00

Year Three      $98,000.00

(b) The Vice-President:

Year  One       $75,000.00

Year  Two       $77,000.00

Year  Three     $79,000.00

(2) Notwithstanding the above the
incumbent, if re-elected to the previously held position, shall retain
the increment level held before the election took place;

i) if the salary
scale set by convention is less than the incumbents current year three,
the incumbent will maintain the new year three salary; and

ii) if the salary scale
were increased the incumbent would move to the appropriate salary level
as approved by the Executive Committee.

(3) The Officers shall, in lieu of
normal salary, receive strike pay in accordance with PSAC policy during
periods when the UTE Membership is on a general strike.

22.1.3  Designated Paid Holidays

(1) The Officers shall be entitled
to designated paid holidays on the same basis as the UTE Membership.

22.1.4  Sick Leave

(1) The Officers shall earn sick leave
credits at the rate of one and one-quarter (1 ¼) days for each
calendar month for which pay is received for at least ten (10) days.

(2) The Officers shall be granted
sick leave with pay when unable to perform duties assigned because of
illness or injury provided that the Officers have the necessary sick
leave credits.

(i) the President shall
notify the 1st Vice-President when utilizing such credits; and

(ii) the 1st Vice-President shall
notify the President when utilizing such credits.

(3) If an Officer has insufficient
credits to cover the granting of sick leave with pay under the provisions
of this section, sick leave with pay may, at the discretion of the Executive
Committee, be granted up to twenty-five (25) days.  The granting
of more than twenty-five (25) days advanced sick leave to the either
Officers must be approved by the Executive Council before sick leave
is granted.

(4) Subject to Regulation below, when
either Officer is unable to perform assigned duties because of illness
or injury and such illness or injury prevents the Officer from attending
the Convention and seeking re-election, that person shall be entitled to
be granted sick leave to the limitation of earned sick leave credits or
for the duration of the illness whichever is less provided the Executive
Council is satisfied that the Officer is unable to work due to illness
or injury.

(5) In a case referred to in Regulation
above, if an Officer is eligible to receive benefits from Disability Insurance,
an application must be made for such benefits and UTE must be paid any
amount received from Disability Insurance for the period between the date
of the termination of office and the date of the termination of sick leave
with pay.

(6) If the an Officer dies or otherwise
ceases to be employed, for reasons other than disciplinary, the Officer
or the estate shall, in lieu of earned sick leave with pay, be paid an
amount equal to the product obtained by multiplying the number of days
of earned but unused sick leave by the applicable daily rate of pay as
a CCRA employee immediately prior to the Officer being elected.  All
pay out of sick leave must be completed at the end of each three (3)
year term of office.

22.1.5 Vacation Leave with Pay

(1) For each calendar month in which
an Officer earns at least ten (10) days’ pay, vacation credits
with pay shall be earned at the rate:

(a) one and one‑quarter
(1 1/4) days until the month in which the anniversary of his sixth (6)
year of continuous employment occurs;

 
(b) one and two‑thirds
(1 2/3) days commencing with the month in which his sixth (6) anniversary
of continuous employment occurs;

(c) two and one‑twelfth
(2 1/12) days commencing with the month in which his fourteen (14th)
anniversary of continuous employment occurs effective April 1, 1999.

(d) two and one-half (2 1/2)
days commencing with the month in which his/her twenty-third (23rd) anniversary
of continuous employment occurs.

(e) employment with CRA shall
be used in the calculation of continuous employment for purposes of Section
1.

(2) In order to utilize this leave
provision:

(i) the President shall
notify the 1st Vice- President; and

(ii) the
1st Vice-President shall notify the President.

(3) An Officer may carry over any
vacation leave credits but not in excess of one year’s entitlement.

(4) If an Officer dies or ceases to
be employed, the Officer or the estate shall, in lieu of earned vacation
leave with pay, be paid an amount equal to the product obtained by multiplying
the number of days earned but unused vacation leave by the daily rate of
pay applicable immediately prior to the termination of employment.

22.1.6 Other Types of Leave

(1) An Officer shall be entitled to
other types of leave with or without pay on the same bases to those leave
provisions in the UTE/AEU collective agreement.

(2) In order to utilize the leave
provisions:

(i) the President shall
notify the 1st Vice President; and

(ii) the 1st Vice-President
shall notify the President.

22.1.7  Severance Pay

(1) Subject to Regulation below, when
the employment of an Officer terminates for any reason other than removal
from office under Section 25, sub-section 1 of the Constitution of the
PSAC, there shall be an entitlement to one (1) week’s pay at the
current rate of pay for each completed year of continuous employment in
UTE, in respect of which severance pay has not been previously paid.  Severance
pay shall not exceed twenty-eight (28) weeks of pay.

(2) Severance pay entitlement determined
in accordance with Regulation above shall be abated by the full amount
of severance pay payable by the Public Service for the period of Public
Service employment included in the total eligible service.

(3) Notwithstanding Regulation above,
if an Officer who terminates employment with UTE returns to employment
in the Public Service, the entitlement to severance pay shall be only for
the period of continuous employment with UTE.

(4) If an Officer dies during the
employment with UTE, there shall be paid to the estate an amount equal
to the amount that Officer would have otherwise been entitled to at the
time of termination of employment with UTE.

22.1.8 Travel Expenses

(1) The Officers are entitled to be
reimbursed travel expenses as they apply to the other officers of the Executive
Council.

22.1.9   Relocation Expenses

(1) The Officers are required to reside in the Greater Ottawa area.

(2) The purpose of this Regulation
is to authorize UTE to reimburse those actual and reasonable expenses
within the limits of the  CCRA Relocation Directive save for any
provisions in that directive which may provide for housing cost differential
payments or mortgage interest cost differential payments incurred by
the Officers, spouse and dependent members of the family in relocating
from one place of residence to another, either at the time of election
or at the time of termination of employment as a full-time Officer.

(3) A member who is elected as a full-time
Officer shall be paid relocation expenses when at the time of election
such member is residing outside of the Greater Ottawa Area and must move
to the Greater Ottawa Area to comply with the requirement of this Regulation.

(4) When an Officer ceases to be employed
as a full-time officer for any reason, except misconduct, such member shall
be paid relocation expenses provided that such member;

(a) was residing outside the Greater
Ottawa Area at the time of election; and

(b) does not accept other employment
in the Greater Ottawa Area after the termination of employment as full-time
elected officer; and

(c) applies for relocation expenses
within six (6) months following the termination of employment as
full-time elected officer.

(5) An Officer who ceases to be employed
as full-time elected officer of UTE and who applies for and is entitled
to relocation expenses shall be entitled to be reimbursed those actual
and reasonable expenses not exceeding an amount equal to the relocation
expenses from Ottawa to the former place of residence.

(6) If an Officer dies during the
term of office, a spouse and/or dependants shall be entitled to be reimbursed
relocation expenses subject to the same conditions specified in Regulation.
Upon the request from the immediate family assistance may be paid for the
transportation of the remains of the deceased officer to the former place
of residence in accordance with the conditions specified in Regulation.

(7) An Officer, who is not entitled
to relocation expenses under this Regulation, upon ceasing to be employed
as a full time elected officer of UTE, may request reimbursement of reasonable
relocation expenses to the Executive Committee.  The Executive Committee
may recommend to the Executive Council the payment of relocation expenses.

22.1.10 Other Benefits

(1) UTE shall pay the employer’s
portion of all Federal Public Service benefit plans for which the Officer
becomes liable in order to maintain the plans in force while on leave
without pay from the Federal Public Service.

(2) The Officers are entitled to all
other benefits on the same terms and conditions as those enjoyed by the
Executive Assistant with the exception of those types of plans discussed
in Regulation.

(3) The Officers shall be entitled
to receive a bilingualism bonus on the same basis and under the same conditions
that apply to all UTE employees.

(4) No additional benefits other than
those described in this Regulation shall be granted to the Officers unless
they are approved by the Executive Council prior to their implementation.

 


Recommendation no. 2

REGULATION  NO. 2

2.1 CREATION OF NEW LOCALS

2.1.1   Minimum Number of Members

(1) New locals shall have a minimum
of fifty (50) members.

(2) Notwithstanding the provision
above, a new local with less than fifty (50) members may be created
if the new locality is at least one hundred (100) kilometers from the existing
local and it is not feasible to service the new local from the old local.

2.1.2   Voting Procedure

(1) Members who wish to form a new
local shall advise the existing local of their intentions and provide
a petition signed by twenty-five (25%) of the affected members supporting
the formation of the new local before a formal vote is conducted;

(2) The members who wish to form a
new local shall conduct a vote and provide evidence that the majority
of the affected members agree to its formation;

(3) The Regional Vice President
of the region shall be present to supervise the vote;

(4) The Regional Vice President shall
confirm the validity of the vote to the Executive Council;

(5) The ballot shall clearly express
the question on the formation of a new local;

 

 

Respectfully submitted,

Chris Aylward

Chairperson of the Committee


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