AGM Resolutions 2021

Be it resolved that the 2021 AGM receive the audited financial statements for the fiscal year ending June 30, 2021.

Resolutions Sub-Committee Comments: No comment

Be it resolved that BDO Canada be appointed as auditors of PIPSC and its related entities, for the 2022-2023 fiscal year.

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

Be it resolved that the 2021 AGM approve the budget for the period of July 1, 2022 to June 30, 2023.

Resolutions Sub-Committee Comments: No comment

Whereas the pandemic has really highlighted the need for stewards to receive training to help them better understand the signs and symptoms of common mental health problems so they can more effectively interact with and represent members experiencing a mental health problem or crisis,

Be it resolved that each Region be given an additional $60,000 in their training budget per year for the next three years to provide a Mental Health First Aid Course facilitated by the Canadian Mental Health Association or similar provider to their stewards.

Financial costs:

6 Regions x $60K per Region = $360K per year.

The average cost of an in person training session for two days is $2K per Steward (salary and travel) + $7K fee to the CMHA.

For an in person training session there is a limit of 25 participants.

To train 50 Stewards per year it would be $50K + $7K = $57K

The average cost of a virtual training session is $600 per Steward (salary replacement) + $3,500 fee to the CMHA.

The virtual course is 12 hours delivered over 5 segments.

For the virtual training session there is a limit of 15 participants.

To train 45 Stewards per year it would be $27K + $3,500 = $30,500.

Whereas the following BL change was put before the 2020 PIPSC AGM;

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.

Whereas the BL change was split into four motions;

Whereas 12.5.3 passed on Day 1 of the 2020 AGM and then 12.5.3.1, 12.5.3.2 and 12.5.3.3 were referred to the Board of Directors because it was thought that the AGM was about to end; and

Whereas, the BL as envisaged is incomplete, because 12.5.3.1, 12.5.3.2 and 12.5.3.3 are missing;

Be it resolved that, BL12.5 (Re-Appointment of Stewardship) be amended as follows:

12.5.3.1 (New) If a Branch, Sub-Group, Group, Consultation Team President 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. One component of these changes is a process whereby constituent bodies provide regular feedback to stewards in such a way that constituent bodies are enabled to comply with BL 12.5.3. Implementation of these changes would result in a steward being made aware of the rationale for a constituent body’s recommendation for non-renewal prior to that recommendation being made.

Also, the process proposed in the resolution would require some level of oversight without specifying where responsibility for such oversight would lie, and it would duplicate the appeal process that exists under current policy.

Whereas Treasury Board of Canada as the employer has a tri parties labour relations where Deputy heads are responsible for consultation and labour relation with PIPSC members such that the president of the consultation team is the normal lead representative with the Department/Agency, every other employers have a direct relationship with PIPSC; and

Whereas most Group Presidents represent PIPSC to their employers and are institute spoke persons under By-laws 23.2 but with a different role than Stewards under By-laws 23.3; and

Whereas from an employer’s perspective, Institute representatives are called stewards, and employers are notified;

Be it resolved that By-Law 12 be amended as follows:

12.4.4 Group President by virtue of being a Regular Member who is acting or elected President of a Group other than a Treasury Board Group.

12.6.4 Where the member is a Steward only by virtue of serving on the Board or as a Group President, their Stewardship shall end when their term of office expires or when they cease to be a Regular member.

Be it further resolved that the Steward Policy be revised to address the difference between those Steward appointed by virtue of their position and those trained to represent individual members; and to address the case when a steward has both roles.

For reference to the readers

BY-LAW 23 INSTITUTE SPOKESPERSONS

23.1 President – Authority to speak for the Institute as a whole shall rest with the President. This authority may be delegated by the Board to others within special fields or competence or knowledge or under special circumstances.

23.2 Presidents of Groups and Chairs of Regional Executives – Presidents of Groups and Chairs of Regional Executives shall be empowered to speak for the Institute on such matters as come within their area of jurisdiction, but not on behalf of the Institute as a whole. AGM 2007 (e)

23.3 Stewards – Stewards may speak on behalf of the employees whom they represent on matters which may come within their competence, both within the Institute and in dealing with employers.

Resolutions Sub-Committee Comments : No comment

Whereas the following bylaw with respect to voting in Institute elections was approved at the 2020 PIPSC AGM

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.

Whereas some of the language could be clearer

Whereas the clearest possible language is needed for election bylaws

Be it resolved that the following changes be made

22.3.2 Officer and Regional Director positions will use the Rranked Cchoice Bballot Ssystem 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 to be elected in election, each elected successful candidate is removed from the process when elected, then and the ranked choice ballot system 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 System 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

Voters rank in order of preference, one or more candidates.

• Each voter’s top choice is counted
• If a candidate receives more than half of the votes, that candidate is elected.
• If a candidate is not elected, the candidate with the fewest votes is eliminated.
• The voters who selected the eliminated candidate, then have their vote counted for their next choice and the vote is retotaled.
• If all the choices on a ballot have been eliminated, that ballot is exhausted.
• This process continues until a candidate has more than half of the non-exhausted votes, and is elected
• In the event of a tie of the candidates to be elected or eliminated, a coin(s) will be flipped.

Resolutions Sub-Committee Comment: If passed, this BL would take effect for the National Election in 2024.

Whereas PIPSC has a history of fighting for pay equity for its members; and

Whereas the new pay scale for part time Vice Presidents is salary replacement only and will lead to inequitable rates of pay between part time and full-time Vice Presidents

Be it resolved that the following PIPSC By-Law be amended to read;

20.5 Remuneration and Benefits The salary scale for Vice-Presidents, two (2) of whom shall serve on a full-time basis, shall be the same and shall be determined by the Board and shall be published in the Notice of Elections/Call for Nominations. Part Time Vice-Presidents are to be paid at 50% of the hours paid to full time Vice-Presidents. Vice-Presidents are not entitled to overtime payment or other special compensation for hours worked.

Resolutions Sub-Committee Comment: If passed, this BL would not take effect until January 1, 2025. FTVP hours are 35 per week and PTVP would get half (17.5 hours per week), regardless of the hours actually worked. There is no guaranteed minimum (or maximum) hours of work for PTVPs. This would be at the discretion of the President.

Whereas, the current bylaw on Vice-Presidents remuneration and benefits is

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. AGM 1999 (e)

Whereas, the Executive Compensation Committee and the Board of Directors has interpreted the bylaw to mean that Full-Time and Part-Time Vice Presidents can be paid according to different salary scales

Be it resolved that BL 20.5 be amended as follows

20.5 Remuneration and Benefits The salary scale for Vice-Presidents, two (2) of whom shall serve on a full-time basis, shall be the same and 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: If passed, this BL would not take effect until January 1, 2025. The way the amendment is worded, the FT and PT VPs would be paid the same, regardless of hours worked. The FTVP pay scale has four increments, at which step would the PTVP be paid at. This does not take the length of time in office into consideration.

Whereas the Members are the supreme power in the Institute.

Whereas the Elected representatives implement the wishes of the members, as expressed at General Meetings of the Institute.

Whereas the control of the Institute is in the hands of members through a directly-elected President, Executive Committee and Board of Directors who implement policy and manage operations between General Meetings of the Institute.

Be it resolved that By-Law 2 be amended to include the following bylaw:

BL 2.4 – Members, as a whole, are the supreme power in the Institute. The Institute’s Board of Directors shall implement the wishes of the members, as expressed at General Meetings of the Institute. The Institute’s Board of Directors shall not take action contrary to the direction provided by the General Meeting unless necessary to avoid significant cost or serious harm to the Institute. If the direction provided by the General Meeting cannot be implemented, within a reasonable time the Institute shall notify all members in attendance at the General Meeting with an explanation.

Resolutions Sub-Committee Comment: The resolution is out of order as it is incompatible with the CNFPCA. The resolution purports to limit the members of the Board’s legal duty to two (2) factors: “avoidance of significant costs” or “serious harm”. A resolution cannot fetter the discretion of Directors under the Act to the extent of making it impossible for directors to exercise their judgment to act in the best interests of the organization.

In the alternative, even if the resolution were considered and passed by the assembly, it would be superseded by legislative requirements.

The CNFPCA imposes on members of the Board a legal duty to act honestly and in good faith, in the best interest of the Corporation and with the care, diligence and skill of a reasonably prudent person; and to ensure compliance with the CNFPCA, Regulations and by-laws. In accordance with the legislation, the Directors also bear the liability of the decisions of the Board.

Whereas the preamble to the Institutes BLs clearly state:

“Members, as a whole, are the supreme power in the Institute. Elected representatives implement the wishes of the members, as expressed at General Meetings of the Institute.”

“The control of the Institute is in the hands of members through a directly-elected President, Executive Committee and Board of Directors who implement policy and manage operations between General Meetings of the Institute.”

Be it resolved that BL 15 be amended to include the following changes:

15.2.2 – The Board shall, between General Meetings, interpret all By-Laws, resolutions and motions of General Meetings, however, the Board’s interpretation shall not act contrary to the direction of the General Meeting unless significant cost or serious harm to the Institute would result.

Any such interpretations will be promptly sent to all members of the Institute with the rational for the interpretation.

15.2.5.3 – All additions, changes or deletions to the Policies take effect on a date to be determined by the Board and shall be reported to the next Annual General Meeting. A General Meeting may repeal or suspend any Policies including the terms and conditions of employment for the President and Vice-Presidents or elected officials compensated by the Institute.

Resolutions Sub-Committee Comment: The Resolution is out of order, as the first part (15.2.2) is incompatible with the CNFPCA and BL 24.

With respect to proposed BL 15.2.2., the resolution purports to limit the members of the Board’s legal duty to two (2) factors: “avoidance of significant costs” or “serious harm”. A resolution cannot fetter the discretion of directors under the Act to the extent of making it impossible for directors to exercise their judgment to act in the best interests of the organization.

In the alternative, even if the resolution were considered and passed by the assembly, it would be superseded by legislative requirements.

The CNFPCA imposes on members of the Board a legal duty to act honestly and in good faith, in the best interest of the Corporation and with the care, diligence and skill of a reasonably prudent person; and to ensure compliance with the Act, Regulations and by-laws. In accordance with the legislation, Directors also bear the liability of the decisions of the Board.

With respect to proposed BL 15.2.3, there is no practical impact to the amendment, as the AGM already has this authority over all policies and the proposed change does not override the authority of the Board to set compensation under BLs 19.3.1 and 20.5.

Whereas the burning of fossil fuels is the main contributor to global warming, an existential threat to humanity that Canada and the other signatories of the Paris Agreement committed to limit to 1.5℃ to avoid long-lasting or irreversible catastrophic impacts; and

Whereas the 1.5℃ target requires both drastically reducing global fossil fuel production and foregoing further investments on new fossil fuel infrastructure, which questions the morality and wisdom of continued investment in fossil fuel holdings; and

Whereas the Canada Pension Plan (CPP) and the Public Service Pension Plan (PSPP) have billions of dollars invested in fossil fuel companies and have no plans to divest in full from those holdings, therefore making current and future pension beneficiaries vulnerable to significant undue financial risk; and

Whereas more than 1200 institutions across the world, possessing in the aggregate funds for over $14 trillion USD have already in place fossil fuel divestment policies, including nation states, banks, cities, and universities; and

Whereas PIPSC has been leading progress in Canadian society for over 100 years, acknowledges fossil fuel divestment is a necessary step towards a decarbonized economy, and recognizes the financial risk that its members incur by their pension plans keeping fossil fuel holdings;

Be it resolved that PIPSC will send, before the end of 2021, an open letter to the respective investment boards of the CPP and the PSPP recommending they fully divest from fossil fuel holdings by the end of 2022; and

Be it further resolved that the letters will be accompanied with a media release and will be permanently posted on the PIPSC website.

Resolutions Sub-Committee Comments : No comment

Whereas the Professional Institute of the Public Service has an inherent responsibility to demonstrate accountability and transparency to its membership.

Whereas the policy positions and actions of the BOD must be consistent with those determined by the AGM and therefore the membership.

Whereas it is essential to the operation of the Institute, to maintain accord, good will and clear communication between the BOD and the AGM, as supreme governing body of PIPSC.

Be it resolved that forthwith, all votes taken on all motions of the BOD, will be recorded votes, to be included in the published minutes of the BOD, while respecting the privacy of members. This record will consist of the full content, originator and vote (yea or nay) for each motion by each member.

Resolutions Sub-Committee Comments : No comment

Whereas no compensating part time Vice Presidents at the same pay scale as full-time Vice Presidents although both are institute signing officers, have the same position description and the same duties, obligations and authorities within their service agreement is contrary to principles of fair and equitable treatment.

Whereas it has been a long-standing practice that unions support the principle of equal compensation for work of equal value.

Whereas the Institute is a member driven organization therefore General Meeting delegates must have the opportunity for input to the compensation principles applied to elected officials.

Be it resolved that the Policy on President and Vice Presidents’ Terms and Conditions of Employment, item 8 Review and Approval of the Terms and Conditions be amended as follows:

The terms and conditions of employment for the President and Vice-Presidents will be reviewed by the Executive Compensation Committee (ECC) in year two (2) of the Board’s term of office. The ECC recommendation will be presented to the Board for approval. The Board will submit the policy to the year two (2) AGM for approval and/or direction to the PIPSC Board. The Board shall include the Policy on President and Vice-Presidents Terms and Conditions in the year three (3) call of Election.

The compensation philosophy and principles for the President and Vice-Presidents is a long term policy and approach. The philosophy and principles will be reviewed by the Board once every eight years. In the event of a compelling environmental or economic concern this review can be conducted sooner.

No changes in terms and conditions, with the exception of annual adjustments to remuneration, shall take effect between triennial reviews unless directed by a General Meeting.

Resolutions Sub-Committee Comment: This resolution is redundant and does not override the Board’s authority to set compensation for the President and VPs as set out in the CNFPCA and BLs.

Whereas the Canada Not for Profit Corporations Act, states under section 143 (1) “Subject to the articles, the by-laws and any unanimous member agreement, the directors of a corporation may fix the reasonable remuneration of the directors, officers and employees of the corporation.”

Be it resolved that the 2021 AGM hereby directs the Board that the revised policy on executive compensation, with respect to FTVPs and PTVPs, be rescinded, with immediate and retroactive effect, without regard to any perceived legal or other encumbrance. Compensation for all PTVPs will be at the same hourly rate as FTVPs.

Resolutions Sub-Committee Comments : This resolution is out of order. Unless BL 20.5 is changed, as per the CNFPCA, the Board has the authority to set remuneration. The Board’s decision on the remuneration of the PTVPs was made in accordance with BL 20.5. The terms and conditions for the upcoming term have been published with the notice of elections as required under BL 20.5 and cannot be changed now retroactively.

Whereas all Vice-Presidents should be paid the same hourly rate regardless if position is full or part-time; 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; and

Whereas all elected officials, when carrying out the duties of Vice-President, should be compensated equally regardless of their current non-PIPSC employment status; and

Whereas our Union would want our employer to pay part-time employees at the same hourly rate as full-time employees for the same job description; and

Be it resolved that Appendix 1 to the Policy on President and Vice-President Terms and Conditions – Terms and Conditions of Employment for President and Vice-Presidents (Effective date: January 1, 2022) para 1.3, read as follows:

1.3 Part-Time Vice-President will receive salary at the hourly full-time Vice-President rate, for duties associated with the Vice-President role, as approved by the President. No additional compensation, such as overtime payments, would be provided. For activities not related to the role of Vice-Presidents, they will receive salary replacement, paid at the rate of pay of their substantive positions, for hours missed from their substantive position.

A ‘substantive position’ is the position from the unionized employer, represented by the Institute, where the Part-Time Vice-President is on leave in order to perform his or her duties for the Institute.

Be it further resolved, the Policy be applied to the service agreements for this year’s elected officials for the period starting January 2022.

Resolutions Sub-Committee Comments : This resolution is out of order as it is not compatible with BL 20.5 and CNFPCA. The terms and conditions for the upcoming term have been published with the notice of elections as required under BL 20.5 and cannot be changed now retroactively. A policy cannot override a BL.

Unless BL 20.5 is changed, as per the CNFPCA, the Board’s decision on remuneration was made in accordance with BL 20.5, a decision which can only be made by the Board.

Whereas we understand that systemic barriers like racism, sexism, ableism, ageism and anti-gay prejudice function to exclude members of certain communities from equitable opportunities, representation, and inclusion at every level of society; and

Whereas our understanding of the complexity of such barriers keeps growing, thanks to the increasing diversity of our membership and the active engagement of social movements that are speaking up and presenting indisputable evidence on these issues; and

Whereas PIPSC has made important strides towards advancing and prioritizing equity, diversity and inclusion for our members by actively participating in consultations with employers, securing a historic 10 paid days of leave for survivors of domestic violence, expanding the parental leave top-up by five weeks, and fighting to include adoptive parents among those eligible to claim such benefits; and

Whereas PIPSC has also been involved in a series of projects that take EDI as a starting point, including the Women in Science Initiative, and the creation of six equity caucuses including the Black Caucus; the Indigenous Caucus; the (dis)Ability Caucus; the Workers of Colour Caucus; the LGBTQ2S+ Caucus; and the Women Caucus; and

Whereas it is more important than ever before that we continue to build on our past efforts and ensure that our commitment to advancing equity, diversity, and inclusion (EDI) best practices is strategic, meaningful, and intentional.

Be it resolved that PIPSC commits to equity, diversity and inclusion through the integration of EDI policies, strategies, and principles across our union as key indicators of excellence.

Be it further resolved that the PIPSC Board of Directors undertake an EDI needs analysis, through engagement with EDI experts and consultation with members, to continue identifying and recommending best practices in EDI.

Be it further resolved that the PIPSC Board of Directors create a strategic roadmap to implement the recommendations of the needs analysis; and

Be it further resolved that the PIPSC Board of Directors report its progress to our members at the 2022 AGM.

Whereas we understand that systemic barriers like racism, sexism, ableism, ageism and anti-gay prejudice function to exclude members of certain communities from equitable opportunities, representation, and inclusion at every level of society; and

Whereas our understanding of the complexity of such barriers keeps growing, thanks to the increasing diversity of our membership and the active engagement of social movements that are speaking up and presenting indisputable evidence on these issues; and

Whereas PIPSC has made important strides towards advancing and prioritizing equity, diversity and inclusion for our members by actively participating in consultations with employers, securing a historic 10 paid days of leave for survivors of domestic violence, expanding the parental leave top-up by five weeks, and fighting to include adoptive parents among those eligible to claim such benefits; and

Whereas PIPSC has also been involved in a series of projects that take EDI as a starting point, including the Women in Science Initiative, and the creation of six equity caucuses including the Black Caucus; the Indigenous Caucus; the (dis)Ability Caucus; the Workers of Colour Caucus; the LGBTQ2S+ Caucus; and the Women Caucus; and

Whereas it is more important than ever before that we continue to build on our past efforts and ensure that our commitment to advancing equity, diversity, and inclusion (EDI) best practices is strategic, meaningful, and intentional.

Be it resolved that PIPSC provide a program of education on EDI to all active members and staff.

Financial considerations:

The budget to design and implement an EDI strategic plan is estimated at $1.375 million for the initial implementation. This amount includes:

EDI training – Salary replacement $475K

Training cost $450K

Self-Directed anti-racism training $250K
(including salary replacement)

Needs analysis $150K

Professional services to Board $50K

TOTAL ESTIMATED COST $1.375M

Whereas problems have arisen in the past which have caused embarrassment to candidates and the Institute; and

Whereas current disciplines derived from a complaint does not deter the behavior; and

Whereas violations continue to happen during elections; and

Whereas policies, rules and conduct around elections need to be upheld,

Be it resolved that the following changes be made to the Policy on Election of Officers and Directors of the Institute, specifically:

6. Ballots and Electronic Records

Distribution of Ballots

Not later than twenty-one (21) days before the day fixed for the return of ballots, distribution of ballots, together with the appropriate biographical sketches, all founded complaint offenses, the discipline taken and the offender’s name, shall begin to be sent to each member entitled to vote.