AGM Resolutions 2020

Be it resolved that the 2020 AGM receive the audited financial statements for the fiscal year ending June 30, 2020.

Resolutions Sub-Committee Comments: No comment

Be it resolved that BDO Canada be appointed as auditors of PIPSC and its related entities, for the 2021-2022 fiscal year.

Resolutions Sub-Committee Comments: BDO Canada has been the PIPSC appointed auditors for four full fiscal year cycles.

Resolutions Sub-Committee Comments: No comment

Whereas PIPSC activities were significantly curtail during calendar year 2020 due to the COVID-19 pandemic;

Be it resolved that in March 2021 each PIPSC member (regular and retired) receive a 15% rebate of all dues paid to PIPSC in calendar year 2020.

Resolutions Sub-Committee Comment:

The direct costs associated with this resolution are as follows:

Cost per regular member: $72.56 x 15% x 12= $130.61

Cost per retired member $69.60 x 15% = $10.44

Total cost for regular members: 63,864 x $130.61 = $8,341,277

Total cost for retired members 2,621 x $10.44 = $27,363

Total direct costs: $8,341,277 + $27,363 = $8,368,640

The Institute does not have access to all members’ banking information and would therefore have to produce and mail close to 60,000 cheques. Based on an average cost of $17 to order and produce each cheque, the administrative costs associated with this task has been estimated at $1,020,000

These reimbursements could possibly be treated as taxable income to members, which would require the production and mailing of Tax Forms for all.

The Institute does not currently have the appropriate human resources to undertake such a large project. As a result, it is expected that PIPSC would hire additional casual staff to achieve these tasks.  The cost of this additional assistance is estimated at $65K.

If passed, this resolution would result in an incremental cost of approximately $9,453,640.

Sponsor: Ontario Regional Executive

Whereas, PIPSC has an $12.6 million Strike Fund as at June 30, 2020; and

Whereas, PIPSC had a $9.9 million surplus for the year ended June 20, 2020; and

Whereas, it reasonable to believe that PIPSC will have a substantial surplus for the year ended June 30, 2021 as a result of the reduction in meetings due to COVID; and

Whereas, PIPSC has $27.5 million of cash and investments at June 20 2020 and is in a position to put funds in the Strike Fund,

Be it resolved that the Institute make a one-time transfer of $4M into the Strike Fund in 2020.

Be it further resolved that the transfer of $4M into the Strike Fund would be a reduction of the $12,663,925 owed to it by the Operating Fund and not an additional levy.

Resolutions Sub-Committee Comments: The accounting for Strike Fund is already segregated as stated in the audited financial statements. Accordingly, the Institute performs annual transfers to the Strike fund based on the imputed interest earned on our reserves. Over the last 3 years, the following transfers have been performed:

2018: $407,000

2019: $494,000

2020: $653,000

The adoption of this resolution would be in breach of said accounting policy.

Since the strike fund is externally restricted, the Institute cannot draw on this fund for any other expenditures but ones related to strike actions.

Whereas the majority of Board Committee members serve a one year term; and

Whereas this one year term has made it difficult for the Elections Committee to properly prepare for the national elections;

Be it resolved that the following bylaw be amended to give the Elections Committee a three-year term.

17.3.1 Composition – There shall be a Committee of the Board to be known as the Elections Committee consisting of five (5) to seven (7) members. Officers and Directors of the Institute shall not be members of the Elections Committee. The Board shall appoint members for a one (1) year term which shall take effect January of each year. two (2) year term beginning in January of 2021 and subsequent terms shall be three (3) years beginning in January of 2023.

This will align with the committee being formed the year before the election; the year of the election; and the year after the election.

Resolutions Sub-Committee Comment: No comment.

Whereas the Board approved the new policy suite in 2019; and

Whereas this new policy suite resulted in the consolidation and re-naming of some policies;

Be it resolved that the following bylaws be amended to reflect the new policy name;

12.6.5 Allegations of misconduct, as set out in By-Law 24, made against a steward shall be dealt with in accordance with the Dispute Resolution and Discipline Policy Policy on Conduct.

17.2.3.2 Mandate All proposed resolutions for the Annual General Meeting shall be submitted by the proposer(s) to the Resolutions Sub- Committee for examination. The Sub-Committee may make recommendations as to the validity, legality and clarity of the proposed resolutions to the proposer(s), to the Board and to the Annual General Meeting. The Resolutions Sub-Committee may rewrite, combine, or substitute resolutions, prepare a composite resolution, or prepare a policy paper to cover the question at issue, so long as such modifications do not contradict the intent of the proposer with the consent of the author of the resolution. Such recommendations are not binding on the proposer(s). However, if the Sub-Committee believes a resolution contravenes the Institute Policy on Harassment Policy on Conduct or the Canadian Human Rights Act, the proposer(s) shall be given an opportunity to revise the resolution before recommending to the President that the resolution be rejected and the proposer(s) so informed.

19.6.1 Allegations of misconduct, as set out in By Law 24, made against the President shall be dealt with in accordance with the Dispute Resolution and Discipline Policy Policy on Conduct.

20.6.1 Allegations of misconduct, as set out in By Law 24, made against a Vice-President shall be dealt with in accordance with the Dispute Resolution and Discipline Policy Policy on Conduct.

21.6 Allegations of misconduct, as set out in By Law 24, made against a Director shall be dealt with in accordance with the Dispute Resolution and Discipline Policy Policy on Conduct.

24.1 Any member may be suspended or expelled from membership in the Institute, removed from office where applicable or otherwise disciplined in accordance with the Institute’s Dispute Resolution and Discipline Policy Policy on Conduct for misconduct which has been so found.

24.1.1 Any member who engages in the following misconduct may be subject to discipline in accordance with the Dispute Resolution and Discipline Policy Policy on Conduct.

24.2 Appeals A member may appeal any disciplinary decision in which discipline is meted out in accordance with the Institutes Dispute Resolution and Discipline policy Policy on Conduct.

24.3 Procedural Fairness Members subject to potential discipline pursuant to the Dispute Resolution and Discipline Policy Policy on Conduct will be accorded procedural fairness in the processing of the allegations against them.

Resolutions Sub-Committee Comment: The proposed resolution contains only administrative changes to the BLs required as a result of the Board of Directors adopting a revised policy suite recommended by the Policy Review Working Group in 2019, which was reported on at the 2019 AGM.  As a result of the Policy Review, the Dispute Resolution and Discipline Policy was incorporated into the broader Policy on Conduct.  This resolution seeks to make reference to the current policy suite as opposed to the pre-2019 policy suite.

Whereas PIPSC currently has four (4) Vice-President positions and a board of ten (10) directors to assist the President and;

Whereas a number of other National Public Service unions do not have a combination on multiple National Vice Presidents and Regional Directors and;

Whereas the two (2) part time Vice President positions incur considerable expenses for travel and salary for PIPSC duties, in the order of at least $100 000 a year.

Therefore be it resolved that the two (2) Part Time Vice President positions be eliminated at the end of the current term and;

Be it further resolved that the Institute bylaws be amended as follows:

Executive Committee: The Executive Committee of the Institute consists of the President and the four (4) two (2) Vice-Presidents as described in By-Law 18.2

15.1 Composition The Board of Directors shall consist of the President, the four (4) two (2) Vice-Presidents and ten (10) Directors.

18.1 Elected Officers The President and four (4) two (2) Vice-Presidents shall be the elected Officers of the Institute.

18.2.1 Composition and Mandate There shall be an Executive Committee consisting of the President and the two (2) Vice-Presidents.

20.5 Remuneration and Benefits The salary scale for Vice-Presidents, two (2) of whom shall serve on a full-time basis, shall be determined by the Board and shall be published in the Notice of Elections/Call for Nominations. Vice-Presidents are not entitled to overtime payment or other special compensation for hours worked.

Resolutions Sub-Committee Comment: Since the number of directors set in the Institute’s BL 15.1 is also set in the Institute’s corporate Articles of Continuance, this resolution is considered a Special Resolution pursuant to para. 197(1)(i) of the Canada Not-for-Profit Corporations Act and, as such, requires a majority of no less than two thirds (2/3) of the votes cast to carry.

N. B.: A vote in favour of this resolution will result in Articles of Amendment being sent to Industry Canada to modify the Institute’s Articles of Continuance accordingly.

The estimated savings would be $249K based on the average cost for the last 7 years.

Whereas Stewards are official representatives of the Institute and as such, they are the vital link between the union and the membership in the workplace;

Whereas the term of a Steward is normally 3 years;

Whereas the non-renewal of a Steward should not be a surprise to a Steward;

Whereas a Steward should be made aware of any negative issues related to his/her Stewardship as soon as such an issue is known so as to afford the Steward an opportunity to discuss and rectify the issue if possible; and

Whereas a Steward should be able to know the case against a non-renewal and be afforded an opportunity to respond to it,

Be it resolved that BL 12.5 (Re-Appointment of Stewardship) be amended as follows:

12.5.3 (New) A Steward shall be informed of any issue that may negatively affect their Steward renewal. Such notification shall be made in writing on a timely basis.

12.5.3.1 (New) If a Branch , Sub-Group , Group or Regional Executive is considering the non-renewal of a steward, prior to the decision being made, the rationale shall be sent to the steward and the steward shall be afforded the opportunity to make representations.

12.5.3.2 (New) If the President is considering the non-renewal of a steward, prior to the decision being made, the rationale shall be sent to the steward and the steward shall be afforded the opportunity to make representations.

12.5.3.3 (New) A decision of non-renewal of a Steward and the reasons for this decision shall be communicated in writing within ten (10) working days from the time the official decision was made to the Steward.

Resolutions Sub-Committee Comment: Steward renewal is one of four key areas of the ongoing Steward Framework project with respect to which important process change is planned including the development of a positive validation process whereby a Steward’s renewal will be based on their demonstration of the application of training principles through actions taken as a Steward to positively impact members and the workplace. Also, the process proposed in the resolution would require some level of oversight without specifying where responsibility for such oversight would lie.

Whereas the Advisory Council exists for Groups and consultation teams to discuss issues and provide advice,

And whereas consultation teams from employers with a single PIPSC bargaining Groups do not have a representative on the Advisory Council,

And whereas large consultation teams represent a diverse number of occupations in their consultations,

And whereas, this change will provide for a consultation representative on the Advisory Council for consultation teams from employers with a single PIPSC bargaining Group so long as they represent at least 1,000 members,

And whereas, this change would confirm long-standing practice and therefore result in no additional costs to PIPSC,

Therefore be it resolved that PIPSC By-Law 10.4.1 be amended as follows:

10.4.1 Composition

The Advisory Council shall consist of representatives of all Groups, Treasury Board National Departmental Consultation Teams; and Consultation Teams from employers with multiple PIPSC bargaining groups; and from Consultation Teams with a single PIPSC bargaining Group representing at least 1,000 members. Normally, the appointed representative is the Group or national Consultation Team President. Each Group and Consultation Team shall have only one (1) vote.

Resolutions Sub-Committee Comment: This would increase the number of participants at the Advisory Council meeting by 1. Therefore, the incremental cost would be approximately $6K per year.

Whereas the Training and Education Committee (TEC) is now focused on mentoring in addition to training and education;

And whereas the current acronym, TEC, is phonetically the same as the commonly accepted acronym for a technical committee, Tech;

And whereas the fact that many members refer to the Information Technology Services and Projects Committee as the Tech committee create confusion;

Be it resolved that the TEC committee be renamed to the Training, Education and Mentoring Committee (TEAM committee)

17.8 Training and Education Training, Education & Mentoring Committee

17.8.1 Composition There shall be a Committee of the Board to be known as the Training and Education Training, Education & Mentoring Committee consisting of five (5) to seven (7) members. The Chair of each Region’s Training Committee shall be the designated member to this committee. Each Region shall designate an alternate, should the Chair of the Training Committee be unable to attend.

17.8.2 Mandate The Training and Education Training, Education & Mentoring Committee shall be responsible for advising and making recommendations and/or providing advice to the Board on any issue relating to the recruitment, training, mentoring and education of Stewards/members and the Institute training program.

Resolutions Sub-Committee Comment: No comment

Sponsor: Ontario Regional Executive

Whereas, PIPSC sits on a number of Canada Labour of Congress (CLC) Committees

Aboriginal Worker Caucus
Disability Rights
Education
Electoral Reform Working Group
EI Ad Hoc Committee
Environment Committee
Health & Safety Committee
Human Rights
Legal Challenges Coordinating Committee
Pension Advisory
Political Action
Solidarity & Pride
Training & Technology
Tripartite Roundtable on International Labour Issues
Women’s Advisory Committee
Workers of Colour
Young Workers Advisory Committee (YWAC)

Whereas, PIPSC has a call letter and a selection process for its own Committees of the Board

Whereas, there is no call letter or defined selection process for the individuals from PIPSC who sit on the CLC Committees

Whereas, a call letter would allow the membership to express their interest and a selection process would create a more robust process

Be it resolved that the new By-Law be implemented as follows:

17.12 – Canada Labour of Congress Committees

17.12.1 – Selection – A call letter shall be sent to the membership to solicit applications to represent PIPSC on CLC Committees.

17.12.2 – Equity Committees – Members who have applied to and identify with a particular equity group, shall be given preference over other members in the selection process.

17.12.23 – Confirmation – The Board of Directors shall make the selections, subject to 17.12.2.

Resolutions Sub-Committee Comment: The cost of one (1) PIPSC member to attend CLC Committees would be $35K per year. Presently, eight (8) PIPSC members attend CLC Committees.

PIPSC is currently represented on the following CLC committees by staff and/or members:

Aboriginal Worker Caucus

Disability Rights

Education

Electoral Reform Working Group

EI Ad Hoc Committee

Environment Committee

Health & Safety Committee

Human Rights

Legal Challenges Coordinating Committee

Pension Advisory

Political Action

Solidarity & Pride

Women’s Advisory Committee

Workers of Colour

Young Workers Advisory Committee (YWAC)

Whereas, the 2014 PIPSC AGM adopted The British Columbia Single Transferable (BC-STV) process and it was first implemented for the 2015 National election;

22.3.2 Officer and Regional Director positions will use the British Columbia Single Transferrable Vote (BC STV), as described in the BC Citizens Council Technical Report of December 2004;

Whereas, The BC STV system can be complex. “The following explanation is provided as an overview. It is what you need to get a basic understanding of how one is deemed elected to office using the BC-STV process. It is important to know that you can refer to the following links if you are interested in much more detail:

· Making Every Vote Count’–The BC-STV Technical Report

· PIPSC National Elections Procedures

· BC-STV Presentation to the 2014 PIPSC AGM (English)

· BC-STV Presentation to the 2014 PIPSC AGM (Bilingual)

· BC-STV –Questions and Answers, plus an example”

Whereas, in cases where there is only one position to be elected, the BC-STV system operates as a ranked ballot voting system, whereby the candidate with the lowest vote total drops off, until a candidate receives majority of the vote;

Whereas, in cases where more than one position is to be elected, the BC-STV system is not well understood and works differently than many people may believe;

Whereas, most members believe that they are voting for two full time and part time VP’s or in the case of the National Capital Region, four Directors;

Whereas, In fact, under the BC-STV process, members are only voting for one full time and part time VP’s or in the case of the National Capital Region, one Director;

Whereas, the BC-STV is not a good model for PIPSC, as the focus of the BC-STV was to ensure that party representation equated with votes for a party, and people do not run as in parties at PIPSC.

“The object (of the BC-STV) is to…(ensure) that each party’s share of seats in the legislature reflects its share of voter support.”  Making Every Vote Count–The BC-STV Technical Report

Whereas, in a referendum on May 12 2009 the BC-STV system was rejected by the voters of British Columbia – 60.91% against and 39.09% in favour

Be it resolved that the following bylaw…..

22.3.2 Officer and Regional Director positions will use the British Columbia Single Transferable Vote (BC STV), as described in the BC Citizens Council Technical Report of December 2004.

Be replaced with the following By-Laws:

22.3.2 Officer and Regional Director positions will use the ranked choice ballot system and a candidate needs a majority of the vote to be elected, with run-off of unsuccessful candidates when needed to get a majority. 

22.3.3 In cases where there is more than one Officer or Regional Director position in election, each successful candidate is removed from the process when elected, then the ranked choice ballot with run-off system is applied again to all the initial ballots with the elected candidate(s) removed until all the positions are filled.

22.3.4 Definition – Ranked Choice Ballot with Run-off System – Voters rank one or more candidates in order of preference. Ballots are initially counted for each voter’s top choice. If a candidate has more than half of the vote based on first top choices, that candidate is elected. If not, then the candidate with the fewest votes is eliminated by run-off. The voters who selected the run-off candidate as their top choice, then have their votes added to the totals of their next choice candidate. When all the choices on a ballot have been run-off, then this ballot is exhausted. This process continues until a candidate has more than half of the remaining votes.

NOTE – See supporting document attached.

Resolutions Sub-Committee Comment: The current elections platform was designed to facilitate the elections under the BC STV system. Should this amendment be approved by the AGM, our proposed approach would be to adopt a third party platform. The proposed solution could be implemented in time for the 2024 national election, provided it does not impact current strategic objectives.

The budget is based on a Rough Order of Magnitude (ROM) estimate with a -50% to +50% variance. The proposed election platform initial implementation cost is ~$350K and the ongoing operating expense is ~$250K per annum.

Whereas the PIPSC AGM has become 50% larger and requires a venue that accommodates that meeting size and have hotel rooms that can accommodate over 600 delegates and;

Whereas the Ottawa venues PIPSC has held the AGM in last decade only has about half the hotel rooms within walking distance to accommodates all delegates and;

Whereas in previous years PIPSC has incurred considerable cost in shuttling delegates to and from the AGM venue and;

Be it resolved that PIPSC hold future AGMs, starting in 20212022, in a venue that would accommodate the meeting and have enough hotel rooms within a 2 km radius, and;

Be it further resolved that PIPSC find a cost effective location within the Toronto – Ottawa – Montreal triangle.

Resolutions Sub-Committee Comment: The Corporate Services Section has already undertaken an analysis, comparing the different venues available within the Toronto – Ottawa – Montreal triangle. Only the Hilton Lac Leamy (Ottawa) and the Sheraton (Montreal) are willing to hold space on a non-contractual first option basis. As of now, Toronto does have 2021 options but venues are not holding any space.

Although no decision has been made on the 2021 AGM location yet, the venue will be selected based on location, contract flexibility, and cost-effectiveness.

Sponsor: ON Regional Executive 

Whereas, the Board of Directors has suspended all in person meetings until December 31 2020; and

Whereas, COVID-19 has had a varied impact on the country, with some areas being hard hit and other areas not at all; and

Whereas, local health authorities are the experts in the field and are making decisions as to the allowable size of meetings; and

Whereas, members are much better informed about COVID-19 than they were when it hit in early 2020 and about the risks of public gatherings,

Be it resolved that subject to local health regulations, that in-person meetings be allowed effective JanuarySeptember 1, 2021; and

Be it further resolved that the participants of the meetings will be responsible to ensure local health protocols are followed.

Resolutions Sub-Committee Comment: The proposed resolution presents a departure from the Board of Directors’ authority to govern between AGMs, as set out in BL15.2. While the resolution proposes to allow certain constituent bodies to proceed to meet at will, the logistical reality of the current context is such that the Board will continue be required to consider exceptions to Policy (i.e. Travel Policy).

By adopting this resolution the AGM would be accepting all the liability risks associated with potential failure of constituent bodies to respect local health authorities’ guidelines.  The proposed resolution engages the potential liability of the Institute, as the sole corporate entity, in the event that local regulations are not respected or that civil liability is otherwise engaged.

Finally, the Institute, as an employer, has a duty to provide a healthy and safe workplace to its employees.  Conversely, employees have a right to refuse to work in unsafe conditions.  Any staff support for such meetings would be at management’s discretion, on a case-by-case basis.

Whereas the safety of all is essential

Whereas physical distancing is motivated by the current health crisis

Whereas there are provincial and federal regulations governing physical distancing

Whereas union activities continue during the health crisis

Whereas the Board of Directors must regulate our practices during the health crisis

Be it resolved that at the request of a constituent body, a committee, or an elected administrator that the Institute may allow physical meetings provided the applicable Federal, Provincial and Municipal rules and restrictions are observed.

Resolutions Sub-Committee Comment: In accordance with BL 15.2, the responsibility to permit physical meetings as proposed in this resolution would rest with the Board of Directors.

In addition, the logistical reality of the current context is such that the Board would likely be required to consider exceptions to Policy (i.e. Travel Policy).

By adopting this resolution the AGM would be accepting all the liability risks associated with potential failure of constituent bodies to respect local health authorities’ guidelines. The proposed resolution engages the potential liability of the Institute, as the sole corporate entity, in the event that local regulations are not respected or that civil liability is otherwise engaged.

Finally, the Institute, as an employer, has a duty to provide a healthy and safe workplace to its employees.  Conversely, employees have a right to refuse to work in unsafe conditions. Any staff support for such meetings would be at management’s discretion, on a case-by-case basis.

Whereas everyone’s safety is of primary importance

Whereas physical distancing is driven by the current health crisis

Whereas physical distancing is governed by provincial and federal regulations

Whereas union activities continue during the health crisis

Whereas the Board of Directors has a duty to regulate our practices during the health crisis

Be it resolved that, at the request of a Constituent Body, Committee or elected Director and in order to address an exceptional situation, the Institute consider allowing physical meetings provided that applicable provincial and federal health regulations are respected.

Resolutions Sub-Committee Comment: In accordance with BL 15.2, the responsibility to permit physical meetings as proposed in this resolution would rest with the Board of Directors.

In addition, the logistical reality of the current context is such that the Board would likely be required to consider exceptions to Policy (i.e. Travel Policy).

By adopting this resolution the AGM would be accepting all the liability risks associated with potential failure of constituent bodies to respect local health authorities’ guidelines.  The proposed resolution engages the potential liability of the Institute, as the sole corporate entity, in the event that local regulations are not respected or that civil liability is otherwise engaged.

Finally, the Institute, as an employer, has a duty to provide a healthy and safe workplace to its employees.  Conversely, employees have a right to refuse to work in unsafe conditions.  Any staff support for such meetings would be at management’s discretion, on a case-by-case basis.

Whereas the objective of the policy on Family Care is to remove barriers which prevent members from participating in union activities; and

Whereas family members who are not in a custodial right position but reside with the sole caregiver will not have the cost of their taking care of children of a member covered which could limit participation of a member in authorized PIPSC activities;

Be it resolved that the following change be made to the Family Care Policy:

Eligibility

Where the member is the sole caregiver at the time of the authorized union activity, the Institute will cover costs for care during the day outside normal work/school/daycare hours. Family care costs that would have ordinarily been incurred during work hours had the member been at his/her place of work are not covered.

This policy shall not cover cost for care provided by a spouse/partner, or former spouse/partner with custody rights or a relative residing in the household.

Resolutions Sub-Committee Comment: If this resolution passes, additional cost would be incurred however the costs are difficult to estimate.

This matter was referred to the Board by the 2019 AGM. The Board referred the matter to the Finance Committee who felt that the proposed change would make the policy too broad. The current policy wording achieves the intent and exceptions can be submitted for approval.

Whereas, PIPSC currently has an Operating Fund, Strike Fund and Bargaining Fund combined in one Financial Statement; and

Whereas, it is difficult for the ordinary member to gain an understanding of the position of the individuals Funds and the activity in the year; and

Whereas, it is important that members be able to easily gain an understanding of the true financial picture of PIPSC;

Be it resolved that the Institute Financial Statements show the Operating Fund, Strike Fund and Bargaining Fund separately and show a Combined Total.

NOTE – See supporting document attached.

Resolutions Sub-Committee Comments: This information is presented, and members can have a similar view by looking at the Statement of Changes in Net Assets in the PIPSC audited financial statements. Additionally, members are welcome to ask questions on the financial statements through the portal at any time.

Sponsor: Ontario Regional Executive

Whereas, from time to time, PIPSC makes significant expenditures on new initiatives

Whereas, in the past, the practice has been to come to the AGM for approval of the expenditure and initiative

Whereas, examples of this would be, the purchase of the building, joining the CLC and authorizing the start of Professionals Canada

Whereas, it is a good practice to codify this practice of coming to the AGM for approval

Be it resolved that expenditures of more than $500K on new initiatives shall be approved by the PIPSC Annual General Meeting.

Resolutions Sub-Committee Comment: The proposed resolution appears to significantly impede the Board of Directors’ ability to govern between AGMS, as set out in BL 15.2, by preventing the Board to act nimbly and make timely decisions on expenditures between AGMs (e.g. decision to provide face coverings to members during pandemic). The Board of Directors has a duty to act in the best interests of the organization.

It should also be noted that the amount of $500K falls short of the $1,550M materiality threshold established by external auditors.

Whereas changes to the compensation of Part Time Vice Presidents were approved by Decision of the PIPSC Board of Directors at its September 2020 Meeting; and

Whereas it has been a long-standing practice that Part Time Vice Presidents be compensated based on a Vice President’s job description; and

Whereas not compensating Retired Members who seek and win an election for Part Time Vice President contradicts the concept of labour rights that individuals in the same workplace be given equal pay for equal work,

Be it resolved that the AGM overturn the Board of Directors’ decision of September 2020 that changes the compensation of Part-Time Vice- Presidents.

Memo to the 2020 AGM re PT VP Salary Replacement_2.doc

Resolutions Sub-Committee Comment:

Legally, Late Resolution L-1 is out of order.

Section 143 (1) of the Canada Not-for-Profit Corporations Act (CNFPCA) expressly gives the Board of Directors (BOD) the authority to determine the compensation, if any, that is to be paid to an  “officer” of PIPSC. The term “officer” pursuant to s. 2 of the CNFPCA includes Vice-Presidents.

The Institute’s By-Laws reaffirms this legislated authority of the BOD. Institute By-Law 20.5 grants the BOD the exclusive right and authority to determine the compensation for the Vice-Presidents.

Late Resolution L-1 violates the Canada Not-for-Profit Corporations Act to adopt and for this reason, it is out of order.

For the AGM to have the power to “overturn” a decision of the BOD related to Vice-President’s compensation, the AGM would need to be given that authority by means of an amendment to the Institute By-Laws.

Whereas changes to the compensation of Part Time Vice Presidents were approved by Decision of the PIPSC Board of Directors at its September 2020 Meeting; and

Whereas it has been a long-standing practice that Part Time Vice Presidents be compensated based on a Vice President’s job description;

Be it resolved that the AGM directs the Board of Directors to review the decision of September 2020 that changes the compensation of Part-Time Vice- Presidents taking into account the consideration of the AGM and ensure that there is equal compensation for equal work.