By-Laws Committee

By-Laws Committee Report Attachment 2

December 8, 2010

RECOMMENDATION NO. 1

CURRENT BY-LAW 2 – PURPOSE, AIMS AND OBJECTIVES

Section 5

To promote solidarity, develop and maintain good communications, and build union pride amongst members in good standing of the Union of Taxation Employees.

PROPOSED CHANGES TO BY-LAW 2 – PURPOSE, AIMS AND OBJECTIVES

Section 5

To promote solidarity, develop and maintain good communications, and build union pride amongst members in good standing of the Union of Taxation Employees UTE.

RATIONALE


RECOMMENDATION NO. 2

CURRENT BY-LAW 4 – MEMBERSHIP RESPONSIBITY

Section 3

Upon being granted membership in UTE and for the term of such membership, each member is deemed to constitute, appoint and nominate the PSAC as their agent for the purpose of entering into collective bargaining with their employer under the procedures established by law for collective bargaining in the Public Service of Canada. The PSAC shall have the power through its duly appointed agents, to ratify and sign agreements reached through collective bargaining, conciliation and arbitration procedures established by law for the Public Service of Canada. 

PROPOSED CHANGES TO BY- LAW 4 – MEMBERSHIP RESPONSIBITY

Section 3

Upon being granted membership in UTE and for the term of such membership, each member is deemed to constitute, appoint and nominate the PSAC as their agent for the purpose of entering into collective bargaining with their employer under the procedures established by law legislation for collective bargaining in the Public Service of Canada. The PSAC shall have the power through its duly appointed agents, to ratify and sign agreements reached through collective bargaining, conciliation and arbitration procedures established by law for the Public Service of Canada.  

RATIONALE

m/s  Denis Lalancette/Bob Campbell

That recommendation no. 2 be divided from the group as it changes the intent.

MOTION TO DIVIDE DEFEATED.


RECOMMENDATION NO. 3

CURRENT BY-LAW 5 – MEMBERSHIP DUES

Section 1

The monthly per capita dues for membership in UTE shall be set by the Convention.

The Executive Council may lower the monthly union dues payable to UTE when exceptional circumstances occur.

PROPOSED CHANGES TO BY- LAW 5 – MEMBERSHIP DUES

Section 1

The monthly per capita dues for membership in UTE shall be set by the Convention.

The Executive Council may shall have authority to lower the monthly union dues payable to UTE when exceptional circumstances occur or not institute a proposed increase as passed at Convention.

NOTE: 1ST CHANGE AFFECTS ONLY THE ENGLISH VERSION.

RATIONALE

m/s  Bob Campbell/Denis Lalancette

That recommendation no. 3 be divided from the group as it changes the intent.

MOTION TO DIVIDE CARRIED.

m/s  Shawn Bergeron/Nick Stein

That recommendation no. 3 be referred to the Committee to keep ‘When exceptional circumstances occur’.

MOTION TO REFER CARRIED.

The Executive Council shall have authority to lower the monthly dues payable to UTE when exceptional circumstances occur or not institute a proposed increase as passed at Convention.

  • Recorded Vote #35.  MOTION CARRIED.

RECOMMENDATION NO. 4

CURRENT BY-LAW 6 – ADMINISTRATIVE STRUCTURE

Section 1 -Executive Council

(2) Duties and Responsibilities

(g) approve separate amounts paid to each National Officer. Each approved amount shall be reported separately in the minutes of each meeting as well as the activity report of the said officers;

PROPOSED CHANGES TO BY- LAW 6 – ADMIINISTRATIVE STRUCTURE

Section 1 -Executive Council

(2) Duties and Responsibilities

(g) approve all expenses reimbursed to each Officer of the Executive Council. separate amounts paid to each National Officer. Each approved amount expense shall be reported separately in the minutes of each meeting as well as the activity report of the said officers;

RATIONALE


RECOMMENDATION NO. 5

CURRENT BY-LAW 6 – ADMINISTRATIVE STRUCTURE

Section 2 - Executive Committee

(2)  Duties and Responsibilities

The Executive Committee:

(a) deals with all matters affecting the business of UTE between Executive Council meetings; and

(b) shall discharge all duties and obligations imposed upon it by the Executive Council. 

PROPOSED CHANGES TO BY- LAW 6 – ADMIINISTRATIVE STRUCTURE

Section 2 - Executive Committee

(2)  Duties and Responsibilities

The Executive Committee shall:

(a) deals with all matters affecting the business of UTE between Executive Council meetings; and

(b) shall discharge all duties and obligations imposed upon it by the Executive Council. 

NOTE:   THIS AFFECTS ONLY THE ENGLISH VERSION.

RATIONALE


RECOMMENDATION NO. 6

CURRENT BY-LAW 6 – ADMINISTRATIVE STRUCTURE

Section 3 - Committees

(3) The President is empowered to appoint the Chairperson of all Committees subject to the approval of the Executive Council. 

(4) All Committees shall submit a written report on their activities to each Executive Council meeting.  

PROPOSED CHANGES TO BY- LAW 6 – ADMIINISTRATIVE STRUCTURE

Section 3 - Committees

(3)  The President is empowered to appoint the Chairperson and the other Executive Council Officer(s) of all Committees subject to the approval of the Executive Council. 

(4) All Committees shall submit a written report to each regular Executive Council meeting. 

RATIONALE


RECOMMENDATION NO. 7

CURRENT BY-LAW 6 – ADMINISTRATIVE STRUCTURE

Section 4 - Vacancies 

(1) If the office of the President or 1st Vice-President or 2nd Vice-President becomes vacant or if the incumbent becomes unable to perform the duties of the position, six (6) months or more prior to the Convention, an election shall be held to fill the vacancy.  Subject to the limitations in By-Law 9 Section 1 (4), nominations shall be called by the National Office.  A period of not more than thirty (30) days shall elapse from the date of notice of vacancy to the date of the nomination call and the National Office shall ensure that the nominees are members in good standing and are prepared to stand for office.

PROPOSED CHANGES TO BY- LAW 6 – ADMIINISTRATIVE STRUCTURE

Section 4 - Vacancies 

(1) If the office of the President or , 1st Vice-President or 2nd Vice-President becomes vacant or if the incumbent becomes unable to perform the duties of the position, six (6) months or more prior to the Convention, an election shall be held to fill the vacancy.  Subject to the limitations in By-Law 9 Section 1 (4), nominations shall be called by the National Office.  A period of not more than thirty (30) days shall elapse from the date of notice of vacancy to the date of the nomination call and the National Office shall ensure that the nominees are members in good standing and have indicated in writing that they are prepared to stand for office.

NOTE:  1ST CHANGE AFFECTS ONLY THE ENGLISH VERSION.

RATIONALE

m/  Denis Lalancette/

That recommendation no. 7 be divided from the group as it changes the intent.

The motion to divide was lost for a lack of a seconder.


RECOMMENDATION NO. 8

CURRENT BY-LAW 6 – ADMINISTRATIVE STRUCTURE

Section 4 - Vacancies 

(4) In the event that both the position of Regional Vice-President and Alternate Regional Vice-President are vacant at the same time, the National Office shall proceed with the election of a Regional Vice-President for that region and upon completion of that election process, proceed with the election of Alternate RVP as per Section 4 (3).

(7) (d) A Local delegate relinquishes their delegate status if;

(i) they assume a position on the Executive Council,
(ii) leave to become a member of another Local or
(iii) cease to be a member in good standing. 

That Local shall have the right to replace that delegate with their next available alternate.

PROPOSED CHANGES TO BY- LAW 6 – ADMIINISTRATIVE STRUCTURE

Section 4 - Vacancies 

(4) In the event that both the position of Regional Vice-President and Alternate Regional Vice-President are vacant at the same time, the National Office shall proceed with the election of a Regional Vice-President for that region and upon completion of that election process, proceed with the election of Alternate RVP as per Section 4 (3).

NOTE: REWORDED IN FRENCH TO BE CONSISTENT WITH THE ENGLISH VERSION (NO CHANGE IN ENGLISH VERSION).

(7) (d) A Local delegate relinquishes their delegate status if;

(i) they assume a position on the Executive Council,
(ii) leave to become a member of another Local or
(iii) cease to be a member in good standing. 

That Local shall have the right to replace that delegate with their next available alternate or appoint a new delegate by process established by the Local if no alternates are available.

RATIONALE


RECOMMENDATION NO. 9

CURRENT BY-LAW 6 – ADMINISTRATIVE STRUCTURE

Section 5 – Presidents’ Conference

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

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

(i) business conducted by the Executive Council,
(ii) those items Executive Council wishes to have discussed; 
(iii) items submitted in writing by the Local Presidents; and 
(iv) the election of the Presidents’ representative(s) on UTE Standing Committees every two years (2) at the September Presidents’ Conference, every even numbered year; and
(v)  if a vacancy occurs on a UTE Standing Committee, the election of the President’s representative(s) shall take place at the next Presidents’ Conference to fill the remainder of that term.

(i)   all expenditures for a sitting of a Presidents' Conference will be an expenditure of UTE;

PROPOSED CHANGES TO BY- LAW 6 – ADMIINISTRATIVE STRUCTURE

Section 5 – Presidents’ Conference

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

(g)   it will be the responsibility of the Chairperson to prepare an agenda   dealing with the following item

(i) business conducted by the Executive Council,
(ii)  those items Executive Council wishes to have discussed;
(iii) items submitted in writing by the Local Presidents; and 
(iv) the election of the Presidents’ representative(s) on UTE Standing Committees every two years (2) at the September Presidents’ Conference, every even numbered year; and
(v) if a vacancy occurs on a UTE Standing Committee, the election of the President’s representative(s) shall take place at the next Presidents’ Conference to fill the remainder of that term.

(i) all expenditures for a sitting of a Presidents' Conference will be an expenditure the responsibility of UTE;

NOTE:   THESE CHANGES AFFECT ONLY THE ENGLISH VERSION.

RATIONALE


RECOMMENDATION NO. 10

CURRENT BY-LAW 6 – ADMINISTRATIVE STRUCTURE

Section 5 – Presidents’ Conference

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

(j) members of UTE in good standing may attend as observers at their own expense or by the approval of the Executive Council at UTE’s expense;

(k) observers shall have no vote but with the approval of the Chairperson and a simple majority vote may have voice once during the full sitting; and

PROPOSED CHANGES TO BY- LAW 6 – ADMIINISTRATIVE STRUCTURE

Section 5 – Presidents’ Conference

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

(j) members of UTE in good standing may attend as observers at their own or Local’s expense or by the approval of the Executive Council at UTE’s expense;

(k) observers shall have no vote but with the approval of the Chairperson and a simple majority vote with the concurrence of the delegates, may have voice once twice during the full sitting; and

RATIONALE

m/s  Terry Dupuis/Pamela Abbott

That we divide paragraph (j) and (k) to deal with each of them separately.

MOTION TO DIVIDE CARRIED.

(j) members of UTE in good standing may attend as observers at their own or Local’s expense or by the approval of the Executive Council at UTE’s expense;

  • Recorded Vote #31.  MOTION CARRIED.

(k)  observers shall have no vote but with the approval of the Chairperson and a simple majority vote with the concurrence of the delegates, may have voice once twice during the full sitting; and

  • Recorded Vote #32.  MOTION DEFEATED.

RECOMMENDATION NO. 11

CURRENT BY-LAW 6 – ADMINISTRATIVE STRUCTURE

Section 6 – Equal Opportunities Conferences

(1) There shall be Equal Opportunities Conferences constituted in the following manner:

(j) notwithstanding (d), members of UTE in good standing may attend at their own expense, subject to space availability.

PROPOSED CHANGES TO BY- LAW 6 – ADMIINISTRATIVE STRUCTURE

Section 6 – Equal Opportunities Conferences

(1) There shall be Equal Opportunities Conferences constituted in the following manner:

(j) notwithstanding (d), members of UTE in good standing may attend at their own or Local’s expense, subject to space availability.

RATIONALE


RECOMMENDATION NO. 12

CURRENT BY-LAW 6 – ADMINISTRATIVE STRUCTURE

Section 7 – National Health & Safety Conference

(1) There shall be a National Health and Safety Conference constituted in the following manner:

c) UTE shall fund one member per workplace Committee as defined in Regulation;

d) it is the responsibility of the National Health and Safety Committee to set the agenda and workshops for this conference;

g) notwithstanding (c), members of UTE in good standing may attend at their own or Local’s expense.

PROPOSED CHANGES TO BY- LAW 6 – ADMIINISTRATIVE STRUCTURE

Section 7 – National Health & Safety Conference

(1) There shall be a National Health and Safety Conference constituted in the following manner:

c) UTE shall fund one member per workplace Committee as defined in Regulation;

d) it is the responsibility of the National Health and Safety Committee to set the agenda and workshops for this conference;.  Expenses related to the agenda, the workshops, and/or items for the Conferences require prior approval of the 1st Vice-President responsible for Finance, or in their absence the National President;
 
g) notwithstanding (c), members of UTE in good standing may attend at their own or Local’s expense, subject to space availability.

RATIONALE

m/s  Denis Lalancette/Robin Johnson

That recommendation no. 12 be divided from the group as it changes the intent.

MOTION TO DIVIDE DEFEATED.


RECOMMENDATION NO. 13

CURRENT BY-LAW 7 – FORM OF ORGANIZATION

Section 7

Each Local shall hold an annual membership 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 such other business as may be properly considered at that time.

PROPOSED CHANGES TO BY- LAW 7 – FORM OF ORGANIZATION

Section 7

Each Local shall hold an annual membership meeting 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 such other business as may be properly considered at that time.

NOTE: 2ND CHANGE AFFECTS ONLY THE ENGLISH VERSION.

RATIONALE


RECOMMENDATION NO. 14

CURRENT BY-LAW 8 – DUTIES OF OFFICERS

Section 3

(2) ensure that proper books, records and vouchers are kept in connection with the operations of UTE;

PROPOSED CHANGES TO BY- LAW 8 – DUTIES OF OFFICERS

Section 3

(2) ensure that proper books, records and vouchers are kept in connection accordance with the operations of UTE;

NOTE: THIS CHANGE AFFECTS ONLY THE ENGLISH VERSION.

RATIONALE


RECOMMENDATION NO. 15

CURRENT BY-LAW 8 – DUTIES OF OFFICERS

Article 4 -   La 2e vice-présidente ou le 2e vice-président responsable de la négociation collective:

(4) participe à l’équipe de négociation;

(5) préside le Comité national de la négociation collective;

(6) est membre du Comité de coordination national de grève de l’AFPC; et

(7) veille à ce que le processus de négociation pour le SEI soit bien mené au mieux des intérêts des membres.

(8) Assiste et participe aux discussions ou réunions préparatoires de la négociation entre l’AFPC/SEI et l’employeur.

PROPOSED CHANGES TO BY- LAW 8 – DUTIES OF OFFICERS

Article 4 -   La 2e vice-présidente ou le 2e vice-président responsable de la négociation collective:

(4) participe à l’équipe de négociation AFPC/ARC;

(5) préside le Comité national de la négociation collective;

(6) est membre du Comité de coordination national de grève de l’AFPC; et

(7) veille à ce que le processus de négociation pour le SEI soit bien mené au mieux des intérêts des membres, et

(8) Assiste assiste et participe aux discussions ou réunions préparatoires de la négociation entre l’AFPC/SEI et l’employeur.

NOTE: THESE CHANGES AFFECT ONLY THE FRENCH VERSION.

RATIONALE


RECOMMENDATION NO. 16

CURRENT BY-LAW 9 – ELECTION OF OFFICERS

Section 2

The Executive Council shall appoint a Nominations Committee of at least three (3) and not more than five (5) persons and shall name one as Chairperson. The Nominations Committee shall:

(1) call for nominations for all offices from delegates;
(2) receive nominations for all offices from delegates; 
(3) determine the eligibility of such nominees; and 
(4) place the names of all eligible nominees in nomination at the time set forth for the election of officers and to report to the Convention the name of any nominee considered to be ineligible. 

PROPOSED CHANGES TO BY- LAW 9 – ELECTION OF OFFICERS

Section 2

The Executive Council shall appoint a Nominations Committee of at least three (3) and not more than five (5) persons and shall name one as Chairperson. The Nominations Committee shall:

(1) call for nominations for all offices the offices of the National Officers from delegates;
(2) receive nominations for all offices the offices of the National Officers from delegates; 
(3) determine the eligibility of such nominees; and 
(4) place the names of all eligible nominees in nomination at the time set forth for the election of the National Oofficers and to report to the Convention the name of any nominee considered to be ineligible. 

RATIONALE


RECOMMENDATION NO. 17

CURRENT BY-LAW 9 – ELECTION OF OFFICERS

Section 4

The Nominations Committee shall publish a list of nominees for each office and post this list in a conspicuous place in the Convention hall by 18:00 hours of the day prior to the day set for the election of officers. 

PROPOSED CHANGES TO BY- LAW 9 – ELECTION OF OFFICERS

Section 4

The Nominations Committee shall publish a list of nominees for each office and post this list in a conspicuous place in the Convention hall by 18:00 hours of the day prior to the day set for the election of National Oofficers.

RATIONALE


RECOMMENDATION NO. 18

CURRENT BY-LAW 9 – ELECTION OF OFFICERS

Section 5

In addition to the nominations reported to the Convention by the Nominations Committee, nominations for each office as called may be made from the floor of the Convention by delegates. The nominees' agreement shall be secured prior to the nomination being placed. 

PROPOSED CHANGES TO BY- LAW 9 – ELECTION OF OFFICERS

Section 5

In addition to the nominations reported to the Convention by the Nominations Committee, nominations for each office as called may be made from the floor of the Convention by delegates. The nominees' agreement shall be secured prior to the nomination being placed accepted. 

RATIONALE


RECOMMENDATION NO. 19

CURRENT BY-LAW 9 – ELECTION OF OFFICERS

Section 6

Any member in good standing is permitted to speak on behalf of any member nominated for elected office. 

PROPOSED CHANGES TO BY- LAW 9 – ELECTION OF OFFICERS

Section 6

Any member in good standing is permitted to speak on behalf of any member nominated for elected office, if chosen by the member nominated. 

RATIONALE

m/s  Nick Stein/Doug Gaetz

That recommendation no. 19 be divided from the group as it changes the intent.

MOTION TO DIVIDE DEFEATED.


RECOMMENDATION NO. 20

CURRENT BY-LAW 9 – ELECTION OF OFFICERS

Section 7

The Chairperson of the Nominations Committee shall:

(1) preside at the election of the President and Vice-President;

(2) appoint the necessary scrutineers to distribute, collect and count the ballots;

(3) receive the results of each ballot from the Chairperson of Scrutineers;

(4) report to the Convention, the results of each ballot; and

(5) report the results of the elections of Regional Vice-Presidents and their Alternates following the election of the President and Vice-Presidents.

PROPOSED CHANGES TO BY- LAW 9 – ELECTION OF OFFICERS

Section 7

The Chairperson of the Nominations Committee shall:

(1) preside at the election of the President and Vice-President National Officers;

(2) appoint the necessary scrutineers persons to distribute, collect and count the ballots;

(3) receive the results of each ballot from the Chairperson of Scrutineers those appointed in Sub-Section  (2);

(4) report to the Convention, the results of each ballot; and

(5) report the results of the elections of Regional Vice-Presidents and their Alternates following the election of the President and Vice-Presidents National Officers.

RATIONALE


RECOMMENDATION NO. 21

CURRENT BY-LAW 9 – ELECTION OF OFFICERS

Section 8
 
Election to any office shall be by simple majority vote of the total votes cast.  Where only two (2) nominees remain, or where only two (2) nominees are standing for election for the same office and a tie vote results, the Chairperson of the Nominations Committee will declare no ballot and request that a new vote be taken. 

PROPOSED CHANGES TO BY- LAW 9 – ELECTION OF OFFICERS

Section 8
 
Election to any office shall be by simple majority vote of the total votes cast.  Where only two (2) nominees remain, or where only two (2) nominees are standing for election for the same office and a tie vote results, the Chairperson of the Nominations Committee will declare no ballot and request that a new vote shall be taken immediately. 

RATIONALE


RECOMMENDATION NO. 22

CURRENT BY-LAW 9 – ELECTION OF OFFICERS

Section 9

(1) Prior to the election of the President and Vice-Presidents, each Regional Vice-President shall convene a meeting of delegates of their region in order to elect a Regional Vice-President and an Alternate.

(2) In the event that a tie vote between candidates cannot be resolved by the region, the question shall be brought to the Convention for a deciding vote following the election of the President and Vice-Presidents.  Each candidate or their designate shall have the right to address the Convention before the ballot is taken on the floor.

(3) Election shall be by simple majority vote.

PROPOSED CHANGES TO BY- LAW 9 – ELECTION OF OFFICERS

Section 9

(1) Prior to the election of the President and Vice-Presidents National Officers, each Regional Vice-President shall convene a meeting of delegates of their region in order to elect a Regional Vice-President and an Alternate.

(2) The election of the Regional Vice-Presidents and their Alternates shall be conducted by a person who is ineligible to vote in such election and shall be appointed by the RVP.

(3)(2) In the event that a tie vote between candidates cannot be resolved by the region, the question shall be brought to the Convention for a deciding vote following the election of the President and Vice-Presidents National Officers.  Each candidate or their designate shall have the right to address the Convention before the ballot is taken on the floor.

(4)(3) Elections shall be by simple majority vote.

RATIONALE

m/s  Nick Stein/Denis Lalancette

That recommendation no. 22 be divided from the group as it changes the intent.

MOTION TO DIVIDE CARRIED.

  • Recorded Vote #34.  MOTION CARRIED.

RECOMMENDATION NO. 23

CURRENT BY-LAW 10 – CONVENTIONS

Section 9

Each member of the Executive Council shall be considered a delegate and entitled to attend Conventions with full voting rights as provided in By-Law 10, Section 5. Their expenses, including traveling expenses, shall be paid by UTE.  Regional Vice-Presidents shall be considered delegates from the region they represent.  The President and Vice-Presidents shall be considered delegates from the region in which she/he resided immediately prior to her/his initial election to the national position.

PROPOSED CHANGES TO BY- LAW 10 - CONVENTIONS

Section 9

Each member of the Executive Council shall be considered a delegate and entitled to attend Conventions with full voting rights as provided in By-Law 10, Section 5. Their expenses, including traveling expenses, shall be paid by UTE.  Regional Vice-Presidents shall be considered delegates from the region they represent.  The President and Vice-Presidents shall be considered delegates from the region in which she/he they resided immediately prior to her/his their initial election to the national position.

NOTE:  THESE CHANGES AFFECT ONLY THE ENGLISH VERSION

RATIONALE


RECOMMENDATION NO. 24

CURRENT BY-LAW 10 – CONVENTIONS

Section 14

(2) The election shall be chaired by the Regional Vice‑President at a regional caucus.

PROPOSED CHANGES TO BY- LAW 10 - CONVENTIONS

Section 14

(2) The election shall be chaired by the Regional Vice‑President or by a person appointed by the RVP at a regional caucus.

RATIONALE

m/  Denis/

That recommendation no. 24 be divided from the group as it changes the intent.

The motion to divide was lost for a lack of a seconder.


RECOMMENDATION NO. 25

CURRENT BY-LAW 11 – DISCIPLINE

Section 3

A member or an officer of the Local or officer of the Executive Council is guilty of an offence against these By-Laws who: 

(14) if non‑designated employees cross the picket line of their own bargaining group;

PROPOSED CHANGES TO BY- LAW 11 - DISCIPLINE

Section 3

A member or an officer of the Local or officer of the Executive Council is guilty of an offence against these By-Laws who: 

(14) if non‑designated essential services employees cross the picket line of their own bargaining group;

RATIONALE


RECOMMENDATION NO. 26

CURRENT BY-LAW 11 – DISCIPLINE

Section 4

(1) Any member in a legal strike position, who either crosses the picket line or is paid by the employer not to participate in strike action, or performs work for the employer, unless required to do so by law, or who voluntarily performs struck work shall be subject to a financial penalty.

PROPOSED CHANGES TO BY- LAW 11 - DISCIPLINE

Section 4

(1) Any member in a legal strike position, who either crosses the picket line or is paid by the employer not to participate in strike action, or performs work for the employer, unless required to do so by law, or who voluntarily performs struck work shall be subject to a financial penalty of seventy-five dollars ($75.00) per day.

RATIONALE

Recommendation no. 26 was ruled out of order by the Chair, President Bannon.


RECOMMENDATION NO. 27

CURRENT BY-LAW 15 - AUDIT

Section 2

Upon receipt of the auditor's report a copy of the report and the statements shall be sent to all Locals. 

PROPOSED CHANGES TO BY- LAW 15 - AUDIT

Section 2

Upon receipt of the auditor's report a copy of the report and the statements shall be sent to all Locals upon approval of the Executive Council. 

RATIONALE

m/s  Denis Lalancette/Sabri Khayat

That recommendation no. 27 be divided from the group as it changes the intent.

MOTION TO DIVIDE DEFEATED.


RECOMMENDATION NO. 28

CURRENT BY-LAW 18- EXPENSES

Section 1

Any member incurring authorized expenses related to traveling, accommodation and any other necessary expenses while engaged on authorized union business by UTE be reimbursed for such expenses. The expense shall be reimbursed in accordance with the Regulation.

PROPOSED CHANGES TO BY- LAW 18 - EXPENSES

Section 1

Any member incurring authorized expenses related to traveling, accommodation and any other necessary expenses while engaged on authorized union business by UTE be reimbursed for such expenses. The expense shall be reimbursed in accordance with the Regulation.

RATIONALE


RECOMMENDATION NO. 29

CURRENT BY-LAW 20 - DEFINITIONS

In these By-Laws:

PROPOSED CHANGES TO BY- LAW 20 - DEFINITIONS

In these By-Laws:

NEW DEFINITION

National Officers (Dirigeantes et dirigeants nationaux) means President, 1st Vice-President and 2nd Vice-President.

RATIONALE


RECOMMENDATION NO. 30

CURRENT INDEX

INDEX

BY-LAWS
UNION OF TAXATION EMPLOYEES

Page

By-Law 1 Name...................................................................................................................... 1
By-Law 2 Purpose, Aims and Objectives................................................................................... 1
By-Law 3 Membership............................................................................................................. 2
By-Law 4 Membership Responsibility........................................................................................ 2
By-Law 5 Membership Dues..................................................................................................... 3
By-Law 6 Administrative Structure............................................................................................. 4
By-Law 7 Form of Organization............................................................................................... 10
By-Law 8 Duties of Officers..................................................................................................... 12
By-Law 9 Election of Officers.................................................................................................. 15
By-Law 10 Conventions.......................................................................................................... 17
By-Law 11 Discipline............................................................................................................. 20
By-Law 12 Trusteeship........................................................................................................... 22
By-Law 13 Fiscal Period......................................................................................................... 22
By-Law 14 Property................................................................................................................ 23
By-Law 15 Audit..................................................................................................................... 23
By-Law 16 Amendments......................................................................................................... 23
By-Law 17 Dissolution............................................................................................................ 24
By-Law 18 Expenses............................................................................................................. 24
By-Law 19 General Provisions................................................................................................ 25
By-Law 20 Definitions............................................................................................................ 25

PROPOSED CHANGES TO INDEX (RENUMBERING)

INDEX

BY-LAWS
UNION OF TAXATION EMPLOYEES

Page

By-Law 1 Name..................................................................................................................... X
By-Law 2 Purpose, Aims and Objectives.......................................................................... X
By-Law 3 Membership.......................................................................................................... X
By-Law 4 Membership Responsibility............................................................................... X
By-Law 5 Membership Dues............................................................................................... X
By-Law 6 Form of Organization........................................................................................ X
By-Law 7 Administrative Structure.................................................................................. X
By-Law 8 Conferences........................................................................................................ X
By-Law 9 Conventions........................................................................................................ X
By-Law 10 Duties of Officers................................................................................................ X
By-Law 11 Election of Officers............................................................................................ X
By-Law 12 Discipline.............................................................................................................. X
By-Law 13 Trusteesship....................................................................................................... X
By-Law 14 Finances............................................................................................................... X
                    1- Fiscal Period.......................................................................................... X
                    2- Audit......................................................................................................... X
                    3- Property........................................................................................X..........
                    4- Expenses................................................................................................ X
By-Law 15 Amendments....................................................................................................... X
By-Law 16 Dissolution........................................................................................................... X
By-Law 17 General Provisions............................................................................................ X
By-Law 18 Definitions............................................................................................................ X

  • Recorded Vote #33.  MOTION CARRIED.

That Attachment 2 - Recommendations 1 to 30 (By-Laws) to the By-Laws report be adopted as a whole.

  • Recorded Vote #36.  MOTION CARRIED.

RECOMMENDATION NO. 31 Dec. 8

CURRENT REGULATION NO. 1 - STRUCTURE

For the purpose of By-Law 7, the following localities are prescribed:

(2) Québec Region; comprised of Québec, Trois-Rivières, Shawinigan-South,   Chicoutimi, and the Jonquière Taxation Centre Locals;

(4) National Capital Region; comprised of Ottawa Headquarters, Ottawa Taxation Centre, Ottawa TSO, International TSO, and Policy and Planning Locals;

PROPOSED CHANGES TO REGULATION NO. 1 - STRUCTURE

For the purpose of By-Law 7, the following localities are prescribed:

(2) Québec Region; comprised of Québec, Trois-Rivières, Shawinigan-South, Chicoutimi, and the Jonquière Taxation Centre Locals;

(4)  National Capital Region; comprised of Ottawa Headquarters, Ottawa Taxation Centre, Ottawa TSO, International TSO, and Policy and Planning Locals;

RATIONALE

  • Recorded Vote #37.  MOTION CARRIED.

RECOMMENDATION NO. 32

CURRENT REGULATION NO. 2 – CREATION OF NEW LOCALS

2.2 Voting Procedure

(6) The Executive Council shall approve the formation of a new Local by majority vote; and

PROPOSED CHANGES TO REGULATION NO. 2 – CREATION OF NEW LOCALS

2.2 Voting Procedure

(6) The Executive Council shall approve the formation of a new Local by simple majority vote; and

NOTE: THIS CHANGE AFFECTS ONLY THE ENGLISH VERSION.

RATIONALE

  • Recorded Vote #38.  MOTION CARRIED.

RECOMMENDATION NO. 33

CURRENT REGULATION NO. 3 – COMMITTEES

(4) A minimum of one National 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 RVP sitting on the Committee as the Interim Chairperson; and

(6) If the position of Local President’s representative on a Committee becomes vacant, that position shall be filled by election of the Local president’s at the next sitting of the President’s Conference.

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

PROPOSED CHANGES TO REGULATION NO. 3 - COMMITTEES

(4) A minimum of one National 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 RVP Executive Council Officer sitting on the Committee as the Interim Chairperson; and

(6) If the position of Local President’s representative on a Committee becomes vacant, that position shall be filled by election of the Local president’s at the next sitting of the President’s Conference in accordance with By-Law 6, Section 5 (1) (g) (v).

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

RATIONALE

  • Recorded Vote #39.  MOTION CARRIED.

RECOMMENDATION NO. 34

CURRENT REGULATION NO. 7 – REGIONAL OR INTER-REGIONAL CONFERENCES

7.3 GUIDELINES FOR REGIONAL EDUCATION BUDGETS

(5) Non-UTE educational courses shall need the approval of the Executive Council.  Once Council has approved a course, it will be an approved UTE course,  therefore only needing the approval of the President in the future:

 
PROPOSED CHANGES TO REGULATION NO. 7 – REGIONAL OR INTER-REGIONAL CONFERENCES

7.3 GUIDELINES FOR REGIONAL EDUCATION BUDGETS

(5) Non-UTE educational courses shall need the approval of the Executive Council.  Once Council has approved a course, it will be an approved UTE course, therefore only needing the approval of the President in the future:.

RATIONALE

  • Recorded Vote #40.  MOTION CARRIED.

RECOMMENDATION NO. 35

CURRENT REGULATION NO. 24 – HONOURS AND AWARDS

24.3  SERVICE PINS

Service pins of three (3), five (5), ten (10), fifteen (15), twenty (20), twenty-five (25), thirty (30), thirty-five (35) years will be awarded annually by the Locals to those members who have served the membership within the union movement.  Such pins shall be awarded based upon a Local member’s recommendation or National Officers’ recommendation.

24.4.1 Presentation

The award shall be presented at a Local AGM, President Conference, or a National Conference by a Local President, National Officer or Chairperson of Honours and Awards Committee wherever feasible

PROPOSED CHANGES TO REGULATION NO. 24 – HONOURS AND AWARDS

24.3  SERVICE PINS

Service pins of three (3), five (5), ten (10), fifteen (15), twenty (20), twenty-five (25), thirty (30), thirty-five (35) years will be awarded annually by the Locals to those members who have served the membership within the union movement.  Such pins shall be awarded based upon a Local member’s recommendation or National Executive Council Officers’ recommendation.

24.4.1 Presentation

The award shall be presented at a Local AGM, President Conference, or a National Conference by a Local President, National Executive Council Officer or Chairperson of Honours and Awards Committee wherever feasible

RATIONALE

  • Recorded Vote #41.  MOTION CARRIED.

RECOMMENDATION NO. 36

CURRENT REGULATION NO. 26 – DISCIPLINE PROCEDURES

26.2  INVESTIGATION PROCEDURES

(2) (e) allegations against the President in the capacity of Component President   shall be submitted to the 1st Vice-President; and

(f)  allegations against the President in the capacity of a member of the National Board of Directors shall be submitted to the PSAC Executive Committee.

PROPOSED CHANGES TO REGULATION NO. 26 – DISCIPLINE PROCEDURES

26.2  INVESTIGATION PROCEDURES

(2) (e) allegations against the President in the capacity of Component President shall be submitted to the 1st Vice-President; and

(f)  allegations against the President in the capacity of a member of the National Board of Directors shall be submitted to the PSAC Executive Committee.; and

New  (g) if the complainant feels their complaint is not being handled appropriately or in a timely manner, the complainant may request the next appropriate executive body to intervene.

RATIONALE

m/s  Pamela Abbott/Shawn Bergeron

That recommendation no. 36 be referred back to the Committee to discuss with the National President.

MOTION TO REFER CARRIED.


RECOMMENDATION NO. 37

CURRENT REGULATION NO. 27 – DESIGNATED EMPLOYEES

27.1  DESIGNATED EMPLOYEES

(1) Designated employees who work at a work site where their bargaining group is considered as being on strike shall be required to contribute twenty-five per cent (25%) of their net take home pay earned during this time to the Local fund. 

(2) Designated employees who do not comply with Regulations shall be considered to have contravened the By-Laws and shall be subject to disciplinary actions in accordance with By-Laws and Regulations.

(3) Designated members who show proof of paying twenty-five percent (25%) of salary either to the PSAC National or Regional Hardship funds shall be exempt from Regulation.

PROPOSED CHANGES TO REGULATION NO. 27 – DESIGNATED EMPLOYEES

27.1  DESIGNATED ESSENTIAL SERVICES EMPLOYEES

(1) Designated Essential services employees who work at a work site where their bargaining group is considered as being on strike shall be required to contribute twenty-five per cent (25%) of their net take home pay earned during this time to the Local fund. 

(2) Designated Essential services employees who do not comply with Regulations shall be considered to have contravened the By-Laws and shall be subject to disciplinary actions in accordance with By-Laws and Regulations.

(3) Designated members Essential services employees who show proof of paying twenty-five percent (25%) of salary either to the PSAC National or Regional Hardship funds shall be exempt from Regulation.

RATIONALE

  • Recorded Vote #42.  MOTION CARRIED

RECOMMENDATION NO. 38

CURRENT REGULATION NO. 28 – PROTOCOL ON MOURNING

Communications:

In order to ensure that UTE can appropriately recognize the death of one of its own, it is essential that the President of UTE be advised as soon as it is known.  It will be the responsibility of the President to ensure that the appropriate action happens. It is the responsibility of the Local to let the National Office know of the death of one of its officers or members killed on the job.

PROPOSED CHANGES TO REGULATION NO. 28 – PROTOCOL ON MOURNING

(Add) 28.2 Communications:

In order to ensure that UTE can appropriately recognize the death of one of its own, it is essential that the President of UTE be advised as soon as it is known.  It will be the responsibility of the President to notify Locals, Executive Council and Staff to ensure that the appropriate action happens. It is the responsibility of the Local to let the National Office know of the death of one of its officers or members killed on the job.

RATIONALE

m/s  Pamela Abbott/Terry Dupuis

That recommendation no. 38 be referred back to the Committee to discuss with the National President.

MOTION TO REFER CARRIED.

That Attachment 2 - Recommendations 31 to 38 (Regulations) to the By-Laws report be adopted as a whole.

  • Recorded Vote #43.  MOTION CARRIED.