By-Laws Committee

Report of the By-Laws Committee

June 2015

Daniel Camara

The By-Law Committee reviewed the proposed amendments to Regulation 26 from The Working Group that was struck at the request of the National President to review PSAC Regulation 19 and UTE Regulation 26 with the intent of providing suggested amendments to ensure that UTE Regulation 26 is in compliance with the PSAC Regulations and the new PSAC Policy that all members of Internal Investigation Committees must have completed the PSAC Internal Investigation Training Course. 

The people involved in the working group are:

  • Gary Esslinger – Chairperson
  • Bill Blair – Member
  • Kent MacDonald – Staff Advisor

The proposed amendments are as follows:

  • All Investigation Committee members must have completed the PSAC Internal Investigation Training;
  • Reiterated that Locals do have the authority to “remove Local Officers from office”;
  • Appeals should be done by an Appeals Officer and not a Tribunal;
  • All reference to “accusation” are changed to “allegations”;
  • Previous duplications within the current UTE Regulation 26 were removed.

After reviewing the proposed amendments, the Committee made a few changes as follows:

  • At 26.3.1 (4) We include a time line for completion. If not done within 3 months of the committee being set up, then the committee provide reasons to the member making the allegation and the member whom the allegations are against as to why the report has not been completed.

  • At 26.3.1 (6) the word allegation is struck out and it should remain.

  • At 26.4 we are taking out “one so” and replace it with the word process and then remove the word it.  So it would read…  The appeal process is an informal process that is accessible to all members and shall allow the parties involved to be heard.

  • At 26.4.3 (2) Second sentence doesn’t read well.  It sounds like the Officer has to be agreeable to all parties when it should be the other way around.  So, it would read … the Appeals officer must be agreed upon by all parties.  Same for 26.4.1 (2).

  • At 26.4.1 (12) it could state… Appeals officers may ask questions of clarification… Same for 26.4.3 (12).

Recommendation #1:

The By-Law Committee recommends the following amendment to Regulation 26. Please refer to the attached document.

Respectfully submitted,

Daniel Camara
Chair of the Committee