Minutes of the Executive Council

Minutes of the Executive Council
March 7 – 8, 12, 2017

TUESDAY, MARCH 7, 2017
MORNING SESSION

1.  CALL TO ORDER OF THE REGULAR MEETING

The meeting was called to order at 9:00 hours.  First Vice-President Marc Brière was in the Chair. In attendance: Madonna Gardiner, Wayne Little, Greg Krokosh, Gary Esslinger, Cosimo Crupi, Jamie vanSydenborgh, Doug Gaetz, Ken Bye, Bill Blair, Hugues Bolduc, Daniel Camara, Annette Melanson and Pierrette Labrie.

President Bob Campbell and Brother Jérôme Martel were absent with permission.

2. HOURS OF SESSION OF THE REGULAR MEETING

m/s      Gary Esslinger / Bill Blair          

That the hours of session be as follows:

Tuesday:        9:00 a.m. - 11:45 a.m.; 1:15 p.m. - 4:00 p.m.
                      4:00 p.m. - 5:00 p.m. Open Discussion
Wednesday:  9:00 a.m. - 11:45 a.m.; 1:15 p.m. - 5:00
Sunday:         9:00 a.m. - 12:00 p.m

  • MOTION CARRIED.

3.  ADOPTION OF AGENDA

m/s      Jamie vanSydenborgh / Wayne Little

That the agenda be adopted as printed with the following additions:

New Business

21.       Term of Appointment – Representatives of the five (5) Designated Equity Groups (M. Gardiner)
22.       No alcohol at Equal Opportunities (EO) Conferences (M. Gardiner)
23.       EO Conferences Travel Grant (M. Gardiner)
24.       Subsidy of $500 for EO Conferences (M. Gardiner)

Open discussion

5.         Airline Travel (G. Esslinger) was postponed to the June Executive Council in the absence of Brother Esslinger
6.         UTE Policies and Procedures (M. Gardiner)

  • Recorded Vote #1.  MOTION CARRIED.

4.   ADOPTION OF MINUTES OF THE PREVIOUS MEETING

m/s      Ken Bye / Gary Esslinger

That the minutes of the Executive Council Meeting of December 2016 be adopted.

  • Recorded Vote #2.  MOTION CARRIED.

The following reports were postponed with approval of Council in the absence of President Brother Campbell.

5.         PRESIDENT’S FOLLOW UP ITEMS
6.         REPORT OF THE PRESIDENT

1st National Vice-President Marc Brière turned the Chair over to Sister Madonna Gardiner, 2nd National Vice-President.

7.  REPORT OF THE 1st NATIONAL VICE-PRESIDENT

m/s      Marc Brière / Doug Gaetz

That the report of the 1st National Vice-President be adopted.

  • Recorded Vote #3.  MOTION CARRIED.

Sister Gardiner return the chair to Brother  Brière.

8. REPORT OF THE 2nd NATIONAL VICE-PRESIDENT

m/s      Madonna Gardiner / Gary Esslinger

That the report of the 2nd National Vice-President be adopted.

  • Recorded Vote #4.  MOTION CARRIED.

9. REPORT OF THE REGIONAL VICE-PRESIDENTS / ALTERNATES

m/s      Gary Esslinger / Doug Gaetz

That the activity reports of the RVPs and ARVPs be adopted.

  • Recorded Vote #5.  MOTION CARRIED.

The following report #10 was postponed with approval of Council in the absence of President Brother Campbell.

10.  REPORT OF THE EXECUTIVE COMMITTEE     

11 a)   REPORT OF THE STAFFING COMMITTEE

m/s      Ken Bye / Daniel Camara

That the report of the Staffing Committee be adopted.

  • Recorded Vote #6.  MOTION CARRIED.

11 b)   REPORT OF THE BY-LAWS COMMITTEE

m/s      Daniel Camara / Ken Bye

That the report of the By-Laws Committee be adopted.

  • Recorded Vote #7.  MOTION CARRIED.

11 c)   REPORT OF THE TECHNOLOGICAL CHANGE COMMITTEE

m/s      Madonna Gardiner / Doug Gaetz

That the report of the Technological Change Committee be adopted.

  • Recorded Vote #8.  MOTION CARRIED.

Brother Ken Bye served notice to amend the agenda.

11 d)  REPORT OF THE EMPLOYEE ASSISTANCE PROGRAM COMMITTEE

m/s      Wayne Little / Bill Blair

That the report of the Employee Assistance Program Committee be adopted.

  • Recorded Vote #9.  MOTION CARRIED.

11 e)   REPORT OF THE HEALTH & SAFETY COMMITTEE

m/s      Doug Gaetz / Gary Esslinger

That the report of the Health & Safety Committee be adopted.

  • Recorded Vote #10.  MOTION CARRIED.

11 f)    REPORT OF THE EQUAL OPPORTUNITIES COMMITTEE

m/s      Madonna Gardiner / Greg Krokosh

That the report of the Equal Opportunities Committee be adopted.

  • Recorded Vote #11.  MOTION CARRIED.

m/s      Ken Bye / Cosimo Crupi

That the agenda be amended to add Direct Deposit for UTE Claims under Open Discussion.

  • MOTION CARRIED.

At the request of the Council the session went " in camera ".

11 g)   REPORT OF THE HONOURS AND AWARDS COMMITTEE

m/s      Wayne Little / Hugues Bolduc

That the report of the Honours and Awards Committee be adopted.

Recommendation #1

That recommendation #1 be postponed until later to have a document translated.

  • MOTION CARRIED.

m/s      Wayne Little / Hugues Bolduc

Recommendation #2

That Sister (name to come later) be awarded the UTE Humanitarian Award.

  • Recorded Vote #12.  MOTION CARRIED.

The Council then moved back into its regular session.

Recess for lunch


AFTERNOON SESSION

The meeting was called back to order at 1:15 with First National Vice-President Brière in the Chair. 

Brother Martel was attending the session.

5.  PRESIDENT’S FOLLOW UP ITEMS

m/s      Bob Campbell / Madonna Gardiner

That the follow up items of the President be adopted.

  • Recorded Vote #14.  MOTION CARRIED.

6. REPORT OF THE PRESIDENT

m/s      Bob Campbell / Madonna Gardiner

That the report of the President be adopted.

  • Recorded Vote #15.  MOTION CARRIED.

10.  REPORT OF THE EXECUTIVE COMMITTEE

m/s      Bob Campbell / Madonna Gardiner

That the report of the Executive Committee be adopted.

  • Recorded Vote #16.  MOTION CARRIED.

President Campbell resumed the Chair.

11 h)   REPORT OF THE WORKFORCE ADJUSTMENT COMMITTEE

m/s      Bill Blair / Cosimo Crupi

That the report of the Workforce Adjustment Committee be adopted.

  • Recorded Vote #17.  MOTION CARRIED.

OPEN DISCUSSION

The Council members discussed the items under this section.

The meeting recessed at 5 p.m.


WEDNESDAY, MARCH 8, 2017
MORNING SESSION

The meeting was called to order at 9:00 with National President Campbell in the Chair. 

At the request of the Council the session went " in camera ".

Cont’d 11 g) REPORT OF THE HONOURS AND AWARDS COMMITTEE

m/s      Wayne Little / Jerome Martel

That the report of the Honours and Awards Committee be adopted.

Recommendation #1

That Sister (name to come later) be awarded the Godfroy Côté Award.

  • Recorded Vote #18.  MOTION CARRIED.

That the report of the Honours and Awards Committee be adopted as a whole.

  • Recorded Vote #19.  MOTION CARRIED.

The Council then moved back into its regular session.

11 i)    REPORT OF THE FINANCE COMMITTEE

m/s      Marc Brière / Doug Gaetz

That the report of the Finance Committee be adopted.

m/s      Marc Brière / Gary Esslinger

Recommendation #1:

Be it resolved that Regulation No. 18 be amended to read as follows:

REGULATION NO. 18 - ALTERNATE LOCATION FUND

18.1 ALTERNATE LOCATION FUND POLICY

(1)       Locals having members who work in locations situated more than one hundred (100) kilometers away from the Local and who must communicate with its members by either visiting these locations or bringing activists from locations to Local meetings may access this fund once twice per calendar year, for each of its locations.

(2)       A budget of ten five thousand dollars ($10,000.00) ($5,000.00) per year shall be allotted for this fund.

18.2 PROCEDURE

(1)       The Local President must submit their request in writing and receive prior authorization from the President or the 1st Vice-President.

(2)       The request must include the nature of the event and an explanation of how the Local will use the funds.

(3)       When the funds are utilized by a member who lives in a location, the Local will be reimbursed for two (2) of the following costs:

(a) travel;

(b) accommodation;

(c) per diem; or

(d) loss of wages.

(4)       The Local may also request funding for other forms of communication or participation of members i.e. conference call, group bussing to events and any other reasonable situation.

(5)       When the funds is to be are utilized by Local Executives to visit a location, UTE will fund two (2) members of the Local Executive to visit the location. The Local will be reimbursed in the same manner as per Paragraph 18.2(3).

  • Recorded Vote #20.   MOTION CARRIED.

m/s      Marc Brière / Gary Esslinger

Recommendation #2:

Be it resolved that Regulation No. 19 be amended to read as follows:

REGULATION NO. 19 – LOCAL TRANSLATION FUND GUIDELINES

The five thousand dollars ($5,000.00) Local translation fund be allocated as follows:

(1)       A budget of two thousand five hundred dollars ($2,500.00) per year shall be allotted for this fund. The fund will be distributed on a first come first served basis.

(2)       A Local may not use more than one thousand five hundred dollars ($1,000.00) ($500.00) per year.

(3)       It is the responsibility of the Local to get prior written approval from the 1st Vice-President or in their absence the President to expend these funds. This approval is on the financial amount not on content.

(4)       Translation completed without prior authorization will be the responsibility of the Local.

(5)       The Local will submit the invoice to the National Office for payment.

  • Recorded Vote #21.   MOTION DEFEATED.

m/s      Marc Brière / Gary Esslinger

Recommendation #3:

Be it resolved that Regulation No. 22.7 be amended to read as follows:

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

 22.7Severance Pay

(a) Guidelines

  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.

(b) Termination of the accumulation of severance pay

  1. Effective March 8, 2017, the severance pay provided under Regulation 22.7 for elected paid officers of the Union of Taxation Employees will cease to accumulate.
  2. The elected officers of the Union of Taxation Employees who have accumulated severance pay under Regulation 22.7, prior to March 8, 2017, are entitled to receive their severance pay already accumulated in accordance with the guidelines of the said Regulation.

(c) Terms and options for the payment of severance pay

The severance pay amount to which an elected officer is entitled shall be paid, at the elected officer’s discretion, either:

  1. as a single payment at the rate of pay of the elected officer’s position as of March 7, 2017, or
  2. as a single payment at the time of the elected officer’s termination of employment from the Union of Taxation Employees, based on the rate of pay of the elected officer’s position at the date of termination of employment from the Union of Taxation Employees, or
  3. as a combination of options (1) and (2). The elected officer who chooses this option must specify the number of complete weeks payable under option (1) and the number of weeks remaining to be paid under option (2).

The Union of Taxation Employees will advise the elected officer of the number of his or her years of continuous employment no later than two (2) months after the date of the adoption of paragraphs 22.7(b) and 22.7(c).

The elected officer shall advise the Union of Taxation Employees of the term of payment option that she or he selected to cash out his or her severance pay within four (4) months of the date of adoption of paragraphs 22.7(b) and 22.7(c).

An elected officer who does not make a selection under paragraph 22.7(c) will be deemed to have chosen option (2) of the said paragraph.

The Union of Taxation Employees will pay as soon as possible the severance pay payable to any elected officer who has made a selection under paragraph 22.7(c). Payment will be made no later than sixty (60) days after the elected officer has informed the Union of Taxation Employees of his or her choice.

  • Recorded Vote #22.   MOTION CARRIED.

m/s      Marc Brière / Gary Esslinger

Recommendation #4:

Be it resolved that the following resolution be forwarded to the 2017 UTE Triennial National Convention.

Whereas the information provided at Regional Equal Opportunities Conferences, although valuable, is basic and repetitive for experienced activists attending; and

Whereas a National Equal Opportunities Conference is held in Ottawa within each three-year cycle; and

Whereas the current budgetary situation of the Union of Taxation Employees is difficult and is forcing our organization to review its expenditures and priorities.

Be It Resolved that By-Law 8, Section 2 – Equal Opportunities Conferences – be amended to read as follows:

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

a.    a National Conference shall normally be held in Ottawa the calendar year prior to the Convention;

b.    the dates, location and regions attending the Regional Conferences held prior to the National Equal Opportunities Conference shall be recommended by the Equal Opportunities Committee and approved by the Executive Council;

c.    the Chairperson of the Equal Opportunities Committee or their Alternate shall be the Chairperson of the National and Regional Conferences;

d.    UTE shall fund two (2) members per Local as defined in Regulation;

e.    members of the Equal Opportunities Committee shall be funded to attend the National Conference and the one Regional Conference in which their home Local has been assigned to attend;

f.     it will be the responsibility of the Equal Opportunities Committee to set the agenda and workshops for the Conferences.  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.    each Regional Conference shall normally be scheduled for two (2) days on a Friday, Saturday or Sunday;

h.    the National Conference shall normally be scheduled for two and a half (2 ½) days on a Friday, Saturday and Sunday;

i.      members of the Executive Council shall be funded to attend the National Conference and the Regional Conferences in which their home Local has been assigned or to which Locals in their region have been assigned to attend; and

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

Be It Further Resolved that By-Law 8 be renumbered accordingly with the changes.

  • Recorded 23 #.   MOTION CARRIED.

m/s      Marc Brière / Gary Esslinger

Recommendation #5:

That the following line items be approved for overspending:

UTE
OVER-EXPENDITURES
MARCH 2017 EXECUTIVE COUNCIL

DATE

LINE ITEM DESCRIPTION

EXPLANATION

2016 BUDGET

ACTUAL+
PROJECTED

OVERAGE

31-Dec-16

President (salary)

Over budget approval

109,720.00

129,025.40

(19,305.40)

31-Dec-16

Vice-President (salary)

Over budget approval

93,920.00

110,236.99

(16 316.99)

31-Dec-16

Vacation Leave

Over budget approval

15,000.00

24,114.81

(9 114.81)

31-Dec-16

National Office – CPP-EI-EHT

Over budget approval

108,000.00

110,791.76

(2 791.76)

31-Dec-16

Employees (Benefits)

Over budget approval

447,000.00

461,145.90

(14 145.90)

31-Dec-16

President/Vice-President (Benefits)

Over budget approval

62,000.00

62,826.92

(826.92)

31-Dec-16

Retirement Leave

Over budget approval

46,000.00

55,383.44

(9,383.44)

  • Recorded Vote #24.   MOTION CARRIED.

That the report of the Finance Committee be adopted as a whole.

  • Recorded Vote #25.   MOTION CARRIED.

Brother Esslinger served notice to amend the agenda.

  • MOTION CARRIED.

11 j) REPORT OF THE COMMUNICATIONS COMMITTEE

m/s      Gary Esslinger / Daniel Camara

That the report of the Communications Committee be adopted.

  • Recorded Vote #26.  MOTION CARRIED.

11 k) REPORT OF THE BARGAINING COMMITTEE

m/s      Madonna Gardiner / Gary Esslinger

That the report of the Bargaining Committee be adopted.

  • Recorded Vote #27.  MOTION CARRIED.

11l)  REPORT OF THE POLITICAL ACTION COMMITTEE (PAC)

m/s      Jamie vanSydenborgh / Cosimo Crupi

That the report of the Political Action Committee be adopted.

  • Recorded Vote #28.  MOTION CARRIED.

Recess for lunch


AFTERNOON SESSION

The meeting was called back to order at 1:15 with National President Campbell in the Chair. 

m/s      Gary Esslinger / Wayne Little

That the agenda be amended to deal immediately with New Business items 21, 22, 23 and 24.

  • MOTION CARRIED.

m/s      Madonna Gardiner / Greg Krokosh

21.       TERM OF APPOINTMENT – REPRESENTATIVES OF THE FIVE (5) DESIGNATED EQUITY GROUP ON THE UTE EO COMMITTEE

WHEREAS the Local Presidents’ representatives on committees, including the Equal Opportunities president’s representative, are currently elected for a term of 3 years Reference: By-law 8 (1) (g) iv); and

WHEREAS the Equal Opportunity representatives for five (5) designated equity group are currently selected for a term of 2 years; and

WHEREAS continuity is important.

BE IT RESOLVED THAT the five (5) designated UTE EO committee equity group representatives be selected for a term of three (3) years in line with the president’s representatives on the UTE Committees; and

BE IT FURTHER RESOLVED THAT the term for the five (5) designated equity group representatives that were selected in December 2016, continue until 2020, to a line with the current president’s representatives on the UTE committees.

m/s      Jérôme Martel / Daniel Camara

That the Two Be it Resolved be dealt with separately.

  • MOTION DEFEATED.
  • Recorded Vote #29.  MOTION DEFEATED.

m/s      Madonna Gardiner / Greg Krokosh

22. NO ALCOHOL AT EO CONFERENCES

WHEREAS members’ money should not be used to pay for alcohol; and

WHEREAS delegates/Participants are provided with a per diem; and

WHEREAS UTE is socially responsible; and

WHEREAS UTE is an inclusive organization.

BE IT RESOLVED THAT no alcohol will be paid for nor provided by UTE at the EO Conferences, regionally or Nationally.

  • Recorded Vote #30.  MOTION DEFEATED.

m/s      Madonna Gardiner / Greg Krokosh

23. EO CONFERENCES TRAVEL GRANT

President Campbell ruled the resolution out of order as it is part of the Component’s By-Laws.

m/s      Madonna Gardiner / Greg Krokosh

24.  SUBSIDIARY OF $500.00 FOR EO CONFERENCES

With the permission of Council, the item was withdrawn by the mover.

11 m) REPORT OF THE CALL CENTRE COMMITTEE

m/s      Ken Bye / Jamie vanSydenborgh

That the report of the Call Centre Committee be adopted.

  • Recorded Vote #31.  MOTION CARRIED.

11 n)   REPORT OF THE AD HOC UNION MANAGEMENT APPROACH (UMA) AND CONFLICT RESOLUTION COMMITTEE

m/s      Doug Gaetz / Wayne Little

That the report of the Ad-Hoc UMA and Conflict Resolution Committee be adopted.

  • Recorded Vote #32.  MOTION CARRIED.

11 o)   REPORT OF THE AD HOC Structure COMMITTEE

m/s      Jamie vanSydenborgh / Bill Blair

That the report of the Ad-Hoc Structure Committee be adopted.

m/s      Jamie vanSydenborgh / Bill Blair

Recommendation #1:

WHEREAS the National President created an Ad-hoc Structure Committee to review the structure of the National Capital Region; and

WHEREAS the current structure of the National Capital Region does not effectively support the membership; and

WHEREAS UTE Regulation 2.2 gives Executive Council the authority to establish locals.

BE IT RESOLVED THAT two new locals be created in the National Capital Region, located at 555 Mackenzie Avenue and 250 Albert Street, in Ottawa; and

BE IT FURTHER RESOLVED THAT these changes to the National Capital Region structure take effect on August 1, 2017.

  • Recorded Vote #33.  MOTION CARRIED.

That the report of the Ad-Hoc Structure Committee be adopted as a whole.

  • Recorded Vote #34.  MOTION CARRIED.

Following the adoption of the Committee report, the Ad-hoc Structure Committee was disbanded.

12.  ADOPTION OF FINANCIAL STATEMENTS

m/s      Marc Brière / Doug Gaetz

That the Financial Statements as of December 31, 2016, be adopted.

  • Recorded Vote #35.   MOTION CARRIED.

13.  EXPENSE CLAIMS OVER 90 DAYS

That the expense claims over 90 days be accepted.

  • Recorded Vote #36.  MOTION CARRIED.

14.  COLLECTIVE BARGAINING

A short discussion on bargaining took place.

15.  CONVENTION COMMITTEE APPOINTMENTS

That the attached Convention Committee Appointments be adopted.

  • Recorded Vote #37.  MOTION CARRIED.

16. TERMS OF REFERENCE OF CONVENTION COMMITTEES

m/s      Marc Brière / Madonna Gardiner

That the attached Terms of Reference of Convention Committees be adopted.

  • Recorded Vote #38.  MOTION CARRIED.

17.  CONVENTION RULES OF ORDER

m/s      Marc Brière / Gary Esslinger

That the attached Convention Rules of Order be adopted.

  • Recorded Vote #39.  MOTION CARRIED.

The meeting recessed at 5 p.m.


SUNDAY, MARCH 12, 2017
MORNING SESSION

The meeting was called to order at 9:00 with President National Campbell in the Chair. 

Brother Gary Esslinger was absent with permission.

18.  CONVENTION NOMINATIONS COMMITTEE

m/s      Marc Brière / Madonna Gardiner

BE IT RESOLVED THAT the Executive Council appoints the following members on the 2017 Convention Nomination Committee.

Chair of the committee: Sister Betty Bannon
Co-Chairs of the committee: Brothers Jean Bergeron and Marcel Bertrand

  • Recorded Vote #40.  MOTION CARRIED.

19.  CONVENTION CREDENTIALS COMMITTEE.

m/s      Marc Brière / Madonna Gardiner

BE IT RESOLVED THAT the Executive Council appoints the following members on the 2017 Convention Credential Committee.

Brothers Jérôme Martel and Cosimo Crupi.

  • Recorded Vote #41.  MOTION CARRIED.

20. AUDITED FINANCIAL STATEMENTS 2016

m/s      Marc Brière / Madonna Gardiner

That the Audited Financial Statement 2016 be adopted.

  • Recorded Vote #42.  MOTION CARRIED.

OPEN DISCUSSION

The Council members discussed the remaining items under this section.

The meeting adjourned at 11:00 a.m.

 

________________________                  ______________________
Bob Campbell                                              Marc Brière
National President                                       First National Vice-President