Bargaining Committee


Bargaining Committee
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March 2005

Denis Lalancette Item 11(l)

The members of the Standing Bargaining Committee met on January 25 and 26,
2005. The members are Gary Kaschak representing Tax Services Offices; Jean-Pierre
Fraser representing Tax Centres; Nick Stein, co-Chair; and Denis Lalancette,
Committee Chair. They were assisted by Brother Michel Lefebvre. They consulted
several UTE documents such as the By-laws and Regulations, the policy for
conducting a strike or ratification vote, the Policies & Procedures Manual,
the questions and answers from the October Presidents’ Conference,
and several reference documents. They also referred to PSAC Regulation 15,
the comments from bargaining team members, and the Executive Committee’s
recommendation to submit resolutions for the UTE or PSAC Convention, or recommendations
for the Executive Council.


The Committee recommends:

Recommendation 1: That the UTE remove from the UTE Policies & Procedures
Manual the section entitled “Strike Structure” and the organization
chart for this structure, which is included at item 1 in the manual.

Recommendation 2: That, after the Convention, the Standing Bargaining Committee
plan to prepare a new strike structure organization chart and a definition
of the roles of stakeholders in this organization chart that is geared to
the current needs and reality.

Recommendation 3: That the UTE amend its policy for conducting a strike or
ratification vote as follows:


The Locals, in collaboration with the regional offices, ensure that members
receive relevant information enabling them to make decisions by ballot, organize
ratification meetings that members can reasonably attend, and arrange other
things, except the distribution of ballots in the work place, for enabling
members to vote. It is also their responsibility to rent premises for ratification
meetings, except

  • during a ratification vote following a positive strike vote;
  • when more than one Local organizes a joint ratification meeting.

Meetings on strike or ratification vote processes are held off the employer’s
premises. These meetings must also be held outside employer-paid working

Votes shall not be held during meal breaks. Locals will hold 1 meeting in
each process. However, Locals with more than one shift may hold 2 meetings
in each process.


Whereas it would be detrimental for the union to have to change representatives
during bargaining unless required to.

Whereas it is important that the people on the bargaining team or Standing
Bargaining Committee ensure continuity by remaining the same when a bargaining
process is under way

Whereas a change during bargaining would be viewed as a lack of credibility

Whereas, logically, this would be requested anyway if elections had to be
held during a bargaining process that is under way

Be it resolved that By-law 6 be amended as follows:



Section 5 - Presidents Conference

(1) There shall be a Presidents' Conference constituted in the following manner:

(f) it will be the responsibility of the chairperson to prepare an
agenda dealing with the following items:

(i) business conducted by the Executive

(ii) those items Executive Council wishes to have discussed;

(iii) items submitted in writing by the Local Presidents; and

(iv) the election of the members on UTE standing committees at every
second sitting of the September Presidents’ Conference

(1) Notwithstanding the foregoing, when a bargaining process is under
way, the term of the two President representatives on the Standing
Bargaining Committee shall be extended until a new collective agreement
is signed.

(2) The election of the members representing the Presidents shall
take place during the next Presidents’ Conference following
the signing of the new collective agreement.


Whereas the UTE must try to have clear, easy-to-find guidelines

Whereas UTE resolutions of record are practices applied and observed by the

Whereas resolution of record no. 5 has been in effect for 24 years (adopted
in July 1981)

Be it resolved that UTE Regulation 4 be amended as follows:


(1) At least ninety (90) calendar days prior to the opening date of a Triennial
National Convention, the Executive Council shall appoint such committees
as may be necessary for the conduct of the business of the Convention.

(2) There shall be four (4) standing committees:

(a) By-laws;

(b) Finance;

(c) Collective Bargaining; and

(i) Resolutions that are specific bargaining demands shall not be
dealt with during Triennial Conventions.

(d) General

UTE Regulation 10.3.1:

Whereas the regulation stipulates that there are to be 9 members on the National
Bargaining Committee

Whereas it is possible that the Regional Vice-President assigned by the
Executive Council who is co-Chair of the Standing Bargaining Committee
may also be a Chair of one of the Standing Committees in Regulation 10.3.1
(1) (b), with the result that one of the 9 positions provided for on this
Committee is not filled

Be it resolved that the position left vacant by the co-Chair of the Standing
Bargaining Committee who is also a committee Chair be filled.

Be it further resolved that the vacant position be filled by the co-Chair of
the National Committee of which the co-Chair of the Standing Bargaining Committee
is the Chair.

UTE Regulation 10.4.2:

Whereas UTE bargaining team members must represent members’ interests
to the PSAC also before the employer

Be it resolved that Regulation 10.4.2
(1) (a) be amended to read as follows:

The Team represents UTE members and protects their interests during bargaining
meetings with PSAC and employer representatives.

PSAC Regulation 15:

Whereas several members and Locals have complained about the length of the
ratification process

Whereas this long period reduces members’ interaction momentum and the
activism of Locals

Whereas this ends up not reflecting the reality of members’ needs versus
the employer’s offers

Whereas most articles in the tentative agreement are in both official languages

Be it resolved that the UTE request that the PSAC amend its Regulation 15
such that the ratification vote process and the announcing of the results
be completed no later than 30 days following the date of the tentative


Whereas the UTE is increasingly active in bargaining and constantly tries
to enhance the tools required for the bargaining process

Whereas Locals and members need to refer to tools that meet their one-time
needs during the set-up of strike structures and picket lines

Be it resolved that the UTE Standing Bargaining Committee create and update
a UTE strike book tailored to the needs and expectations of UTE members and


Respectfully submitted,

Denis Lalancette

2nd RVP

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