Report of the Ad Hoc Structure Review Committee

AD-HOC Structure Committee

March 2023

Gary Esslinger

Brother Marc Brière, UTE National President announced that he was going to form a special ad hoc committee to review the structure of UTE. Considering the significant changes that were occurring within the Canada Revenue Agency, and along with requests from both Locals and Regional Vice Presidents to conduct a review, an agreement was made at an Executive Council retreat to proceed with a structure review.

A call was then put out looking for interest from members of Executive Council as well as from local activists from coast to coast.

On October 17, 2022 it was announced that the make up of the ad hoc committee would be as follows:

Chairperson:    Gary Esslinger
Co-Chairs:       Jérôme Martel
                         Greg Krokosh

Members:         Jackie Robertson (TSOs)
                         Chris Foucault (TCs)
                         Ken Bye (small TSOs)
                         Dany Gélinas (NVCCs)
                         Joanne Coish (Call Centres)

Technical Advisors: Daniel Camara
Shane O'Brien

Administrative Support: Guylène Lepage

The committee had their first series of meetings the week of November 28^th to December 1^st. The committee met on the first day with the National President who went through the mandate and terms of reference of the committee, provided context surrounding the role of the committee as well as parameters the committee should work within, including that we should not look or consider factors surrounding the work of the previous “bums in seats” committee.

The committee then turned its attention to crafting questions to be asked of RVP's and national officers along with questions for local activists. Once questions were developed for the first two groups, the committee looked at scheduling virtual interviews. Since local activists were going to be contacted via a survey rather than an interview, the questions were reviewed and modified to fit a survey format.

Under the direction of the National President, surveys were sent individually to all members of our local executives as well as stewards identified in each of the locals.

With the assistance of the RVPs and Local Presidents, we were able to obtain approximately 400 e-mail addresses to which the surveys were sent. The committee received 124 responses, which was considered quite acceptable compared to other survey responses.

An analysis of the surveys found that a significant number of respondents had no comments or suggestions relating to the structure of UTE. Just to give a sense, there were comments on a sample of subjects as listed below:

Criticisms of communications from UTE to locals/members.
Comments on “bums in seats” split evenly both for and against.
Several disparaging comments directed at fellow activists.
Comments related to the perceived lack of equity within the organization.

All of these comments will be provided to the National President for review and possible actions in the future.

The committee thought there might be several suggestions with respect to the merging of locals. Ultimately there were very few and after deliberation and analysis by the committee, no recommendations are forthcoming on the merging of locals.

It must be noted that the National Capital Region needs to develop an organizational structure that addresses the constant movement of employees between various offices and locals. Unfortunately, there needs to be more analysis done in order to propose the most effective solution.

The committee, in discussion with the National President and the RVP for the National Capital Region, suggested that a meeting take place with those individuals, as well as the Local Presidents in the region to discuss workable proposals.

As local structure is contained in the Regulations, and not the By-laws, a proposal can be developed and presented at an Executive Council meeting. It is not required to be submitted to Convention.

Based on feedback received both through interviews and survey results, the committee identified three areas with respect to structure and is presenting the following recommendations at the end of this report to be dealt with at Executive Council and if adopted, sent to the 2023 UTE National Triennial Convention for consideration and debate by the delegates.

The establishment of the 2nd Vice-President as a full-time paid position, with a proposed salary and set of duties. The committee also reviewed the entirety of Regulation 22 and proposed changes that would reflect that the 2nd Vice President is a full -time Officer of UTE.

The committee wanted to note that discussions took place regarding whether the position would require the individual in that position to reside in the National Capital Region. Ultimately, the committee could not come to a consensus and determined that the matter should be dealt with at the National Triennial Convention.

Changes to the number of Presidents’ representatives on the various UTE standing committees. There are also proposals related to how locals are categorized in terms of the voting process for Presidents’ representatives.
The committee reviewed the By-laws to identify any further changes that would need to be amended to reflect the establishment of a full-time 2nd Vice President. Changes are proposed in By-law 10, Sections 1 and 4, and in By-law 14, Section 4.

I want to take this opportunity to thank all members of the committee for their hard work and dedication in reviewing and discussing the significant volumes of information that were gathered through the course of this undertaking.

The National President has requested that the committee, at a future point in time, do a review of our standing UTE committees for the purpose, but not limited to determining if they are all required, if other committees may be necessary, or if mandates need to be amended.

Recommendation #1

Be it resolved that the Executive Council approve to forward the following changes to Regulation 22 to the 2023 UTE National Convention for consideration:

Moved by: Gary Esslinger
Seconded by: Jerome Martel

For ease of following all changes required to reflect the proposal to make the 2^nd Vice-President a full-time elected officer they are shown in red

REGULATION NO. 22 - TERMS AND CONDITIONS FOR THE POSITION OF THE ELECTED PAID OFFICERS

22.1 TENURE OF OFFICE

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

22.2 PAY

(1) The Officers shall be remunerated as provided:

a. The President:
$129,990.00 (current)

b. The 1^st Vice-President:
$110979.00 (current)

c. The 2^nd Vice-President:
$103 238.00

(2) The Officers shall receive salary increases in accordance with the PSAC/CRA negotiated salary percentages increase set for the SP-05 group and level.

(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.

(4) When the 1^st Vice-president is required to replace the President for a period of at least three (3) consecutive working days, the 1^st Vice-president shall be paid acting pay.

(5) When the 2^nd Vice-president is required to replace the President for a period of at least three (3) consecutive working days, the 2^nd Vice-president shall be paid acting pay.

22.3 DESIGNATED PAID HOLIDAYS

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

22.4 SICK LEAVE

(1) The Officers shall earn sick leave credits at the rate of one and one-quarter (1 1/4) 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.

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

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

(c) the 2^nd 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 either
Officer 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 an Officer ceases to be employed by the UTE and returns to employment with the CRA, the Officer shall be deemed to have available to them the balance of the sick leave credits accumulated at the time of their departure from the UTE. The credits will be available to be utilized if the Officer is required to take sick leave without pay from the CRA due to a lack of CRA sick leave credits. The Officer must satisfy the UTE, in a manner deemed appropriate by the UTE (i.e. such as a time report), that they have taken sick leave without pay from the CRA.

(7) The Officers shall report the balance of their sick leave credits available at each Executive Council meeting verbally.

22.5 VACATION LEAVE WITH PAY

(1) a. 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 of the current AEU collective agreement.

b. Employment with CRA shall be used in the calculation of continuous employment for purposes of Section a.

(2) In order to utilize this leave provision:

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

(b) the 1^st Vice-President shall notify the President.

(3) An Officer may carry over any vacation leave credits but not in excess of one (1) 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.

(5) The Officers shall report the balance of their vacation leave credits available at each Executive Council meeting verbally.

22.6 OTHER TYPES OF LEAVE

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

(2)     In order to utilize the leave provisions:
(a)      the President shall notify the 1st Vice President; and
(b)      the 1^st Vice-President shall notify the President, and
(c)      the 2^nd Vice-President shall notify the President.

The remainder of the Regulation remains unchanged.

Recommendation #2

Be it resolved that the Executive Council approves to forward the following changes to Regulation 3 to the 2023 UTE National Convention for consideration:

Moved by: Gary Esslinger
Seconded by: Jerome Martel

REGULATION NO. 3 - COMMITTEES

(1) There shall be fourteen (14) Standing Committees:

(a) Bargaining, By-Laws, Staffing, Technological Change, Health and Safety, Equal Opportunities, Well-Being, Finance, Honours and Awards, Workforce Adjustment, Communications, Political Action, Call Centre, and Union Management Approach (UMA).

(b) CURRENT
Each Standing Committee, with the exception of the Bargaining Committee, Staffing Committee and Workforce Adjustment Committee (WFA) will shall have one (1) President’s Representatives. 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; with 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).

PROPOSED
  (b) Each Standing Committee, except for the Staffing Committee, shall have two (2) President’s Representatives. The Staffing Committee shall have three (3) President’s Representatives; with at least one from a TC. All Presidents’ Representatives shall be elected in accordance with By-Law 8 Section 1 (g).

  CURRENT
(c)      For voting for these positions, the following Locals are considered to be Tax Centers:

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

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

PROPOSED

Summerside 90006
Jonquière 10004
Winnipeg 50031
Sudbury TC 00042

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

St. John’s TSO 90001
Saint John 60005
Montreal 10008
Toronto North 00048
Hamilton 00014
Calgary Call Centre 30022
Edmonton 30025
Pacific Region Call Centre 20050

The remainder of the regulation remains unchanged.

Recommendation #3

Be it resolved that the Executive Council approves to forward the following changes to By-Law 11 Section 1 to the 2023 UTE National Convention for consideration:

Moved by: Gary Esslinger
Seconded by: Jérôme Martel

BY-LAW 11
DUTIES OF OFFICERS

Section 1- President
The President shall:

uphold the Constitution of the PSAC and the By-Laws of UTE;
represent UTE on the National Board of Directors of the PSAC as required by the Constitution.
be responsible to the Executive Committee, to the Executive Council and to the Convention;
be responsible for the receipt and keeping of all monies of UTE along with their disbursement under the direction of the Executive Council;
preside at all meetings and Conventions;
be an ex-officio member of all Committees;
ensure that notices and agendas of each Executive Council, Executive Committee meeting, Presidents' Conference and Convention are prepared and circulated in advance;
be responsible for the minutes of all meetings of the Executive Council, Executive Committee and Presidents' Conferences and will countersign them along with the 1st Vice-President or in their absence the 2^nd Vice-President;

The remainder of the bylaw remains unchanged.

Recommendation #4

Be it resolved that the Executive Council approves to forward the following changes to By-Law 11 Section 4 to the 2023 UTE National Convention for consideration:

Moved by: Gary Esslinger
Seconded by: Jerome Martel

Section 4 - The 2^nd Vice-President responsible for Collective Bargaining shall:

oversee the implementation of the Regulation governing Collective Bargaining procedures;
issue frequent bulletins on the state of negotiations during the bargaining process;
be the Chairperson of the Standing Bargaining Committee;
participate on the PSAC/CRA Negotiating Team;
be the Chairperson of the National Bargaining Committee;
be a member of the PSAC National Strategy/Strike Co-ordinating Committee (NSCC);
ensure that the bargaining process for UTE is handled in a sound manner in the best interest of the members;
attend and participate in discussions and meetings in preparation for bargaining between PSAC/UTE and the employer;
To coordinate and manage activities and strategies around membership mobilization;
To coordinate and liaise with locals with a view to encouraging rand members to sign membership cards;
To manage and liaise with locals and UTE staff to resolve issues and assign members on the unalotted membership list;
To resolve disputes and issues concerning membership assignment to Locals;
To coordinate campaigns initiated by the PSAC and/or UTE;
To Chair the UTE Workforce Adjustment Committee;
To participate as a member of the UTE Management Team and
To perform other duties assigned by the UTE National President.

Recommendation #5

Be it resolved that the Executive Council approves to forward the following changes to By-Law 15 Finance Section 4 to the 2023 UTE National Convention for consideration:

Moved by: Gary Esslinger
Seconded by: Jerome Martel

Section 4 - Expenses

Any member incurring authorized expenses related to traveling, accommodation and any other necessary expenses while engaged on authorized union business by UTE shall be reimbursed in accordance with the Regulation.
Any member, except the President and the 1st Vice-President and the 2^nd Vice-President, required to take leave from their employer or use compressed days for the purpose of carrying out union business authorized by UTE be reimbursed an amount equal to one day's pay for each day of leave taken at the rate shown for their grade and level per the collective agreement then in effect.

Respectfully submitted,

Gary Esslinger
Chair of the Ad hoc Structure Review Committee