Resolutions 2019 - Policy Non-Budgetary
P-1 RE-APPOINTMENT OF STEWARDSHIP
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; and
Whereas being a Steward is not a right but a privilege; and
Whereas the performance of a Steward shall normally be monitored by the respective Group; and
Whereas the term of a Steward is normally 3 years; and
Whereas the non-renewal of a Steward shall not be a surprise to a Steward; and
Whereas a Steward should be made aware of any negative issues related to his/her Stewardship as soon as such an issue is reported so as to afford the Steward an opportunity to discuss and rectify the issue if possible.
Be it resolved that Regulation R12.5 (Re-Appointment of Stewardship) be amended as follows:
R12.5.1 (New) A PIPSC Steward shall be informed by PIPSC of any issue that may negatively affect the Steward’s renewal. Such notification shall be made in writing as soon as PIPSC is made aware of the issue and not just at the time of renewal.
R12.5.2 (New) A PIPSC Steward shall be afforded the opportunity to respond to and rectify such an issue so that it no longer negatively affects their renewal. A Steward may involve his Group executive in this process.
R12.5.3 (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.
R12.5.4 (New) The reporter of an issue that is deemed to be vexatious, without merit or retaliatory may be dealt with under PIPSC policy such as the DRD Policy.
Resolutions Sub-Committee Comments: This proposed resolution lacks clarity. It is unclear who "PIPSC" is. Part of the ambiguity in the current Steward framework, as to where the governance of stewards lies within the PIPSC structure, has led to the Board's decision to engage in a Steward framework renewal to provide for more clarity in the governance and development of Stewards, including in the renewal process.
The existing BL and policies currently provide for any allegations of misconduct to be raised through the Dispute Resolution and Discipline Policy, including the type of misconduct raised in proposed BL 12.5.4.
P-2 DUTY TO ACCOMMODATE POLICY
Whereas the 2013 AGM referred the creation of a “Duty to Accommodate” Policy to the BoD and to date said policy has not been created and,
Whereas some members have barriers to participation that require special accommodations and do not know that they can request such accommodations and,
Whereas the Institute needs to encourage diversity and inclusiveness for all members who wish to be active in the affairs of the Institute
Therefore, be it resolved that the Institute Human Rights and Diversity Committee develop a "Duty to Accommodate" policy for members in accordance with the Canadian Human Rights Act and the Employment Equity Act and present it to the Board of Directors no later than March 2020.
Resolutions Sub-Committee Comments: No comment
P-3 FAMILY CARE POLICY
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.
Note - No additional cost from previous family care policy in effect to November 2018.
Resolutions Sub-Committee Comments: If this resolution passes, additional cost would be incurred however the costs are difficult to estimate.
P-4 PROFESSIONAL COMPETENCIES
Whereas many occupational certifications require maintenance of their continued competency, a concept included in some collective agreements; and
Whereas unlike members who perform duties of their substantive position, members elected or appointed to full time executive positions no longer have opportunities to exercise their professional competencies; and
Whereas PIPSC should lead by example when promoting professionalism;
Be it resolved that PIPSC investigates and reports to the 2020 AGM amendments to Institute By-Laws, Regulations or Policies to allow or provide opportunities for elected executive to exercise their profession and to maintain the continued competencies required for their substantive position.
Resolutions Sub-Committee Comments: No comment
P-5 STEWARDS
Whereas representatives of the Institute must be protected against retaliation by the employer for union activities, either as an appointed Steward from the workplace, a member of the Board, a spokesperson or a Group president (Ref By-Laws 12 and 23); and
Whereas recognition of representatives of the Institute is included in collectives agreements with the employers (PSLRA or separate employers) for union activities and consultation (where applicable); and
Whereas the Institute must train, guide and monitor its representatives; but the role of Group executive in PIPSC By-Laws 12 is unclear;
Be it resolved that PIPSC investigates and reports to the 2020 AGM amendments to Institute By-Laws, Regulations and Policies to accredit and manage representatives of the Institute for union activities and consultation with the employer.
Resolutions Sub-Committee Comments: No comment
P-6 FINANCIAL STATEMENTS – FUND ACCOUNTING
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; and
Whereas in the past, the auditors have recommended that the Operating Fund, Strike Fund and Bargaining Fund be shown separately;
Be it resolved that the PIPSC financial statements show the Operating Fund, Strike Fund and Bargaining Fund separately and show a consolidated total.
Resolutions Sub-Committee Comments: For the other funds, the members can have a similar view by looking at the Statement of Changes in Net Assets in the PIPSC audited financial statements. Members are welcome to ask questions on the financial statements through the portal at any time.
P-7 SINGLE-USE WATER BOTTLES
Whereas single-use water bottles are a serious environmental problem;
Be it resolved that the Institute no longer provide single-use bottles in its regional offices or national office or within the scope of its activities.
Resolutions Sub-Committee Comments: The Institute, including their Regional Offices, have already adopted this practice. Members are encouraged to bring their reusable water bottles to be filled at their meetings.
P-8 VOLUNTARY SELF-IDENTIFICATION PROCESS
Whereas the Institute endorses the principle of employment equity; and
Whereas we do not currently have a quantitative mechanism in place to assess equity group participation within our volunteer positions; and
Whereas collecting data through self-identification could enable the Institute to better understand both its current state of equity group participation, and trends in that participation over time,
Be it resolved that the Institute put in place a voluntary self-identification process for Stewards and Executives to identify as belonging to the equity groups defined by the Employment Equity Act, as well as the addition of a non-binary gender option, age group, dependents and LGBTQ2+ identity; and
Be it further resolved that the techniques to protect the confidentiality of small populations of persons be appropriately applied.
Resolutions Sub-Committee Comments: No comment
P-9 CANADA’S CHANGING CLIMATE REPORT
Whereas the release of Canada’s Changing Climate Report presents overwhelming evidence for the need to reduce carbon, which implies a shift away from a continued focus on the primacy of single occupancy vehicles – except in exceptional cases; and
Whereas a decade of advocacy and work by PIPSC has built a strong case around the errors of muzzling scientists and their work,
Whereas not all members have access to or use of personal transportation and require sufficient public transportation access to the workplace,
Be it resolved that the Institute encourage its members to spread the word in their workplace about the conclusions of the Canada’s Changing Climate Report and to advocate for related changes, notably for employers to provide better options to encourage a shift away from commuting in single occupancy vehicles.
Be it further resolved that the Institute, through its consultation teams and other discussions with the employer, advocate for related changes, notably for employers to provide better options to encourage a shift away from commuting in single occupancy vehicles (including, but not limited to, ensuring adequate public transport, including childcare spaces within the workplace, and choosing centrally located buildings for occupation).
Resolutions Sub-Committee Comments: No comment
P-10 PIPSC FAMILY CARE POLICY
PIPSC Family Care Policy – Sponsor: RE Group
Whereas the partner/spouse of a member may not always be physically or mentally capable of acting as a sole caregiver; and
Whereas introduction of the Parental Sharing Benefit will increase the likelihood that a member will be on parental leave at the same time as their spouse; and
Whereas the PIPSC Family Care Policy currently does not acknowledge that even if the other caregiver is home, the member may be providing essential elements of care,
Be it resolved that the Eligibility section of the PIPSC Family Care Policy have the following clause added:
‘Where the spouse/partner of the member is temporarily unable to provide care and the member is on authorized leave from work and providing care to the spouse/partner and one or more children, resulting expenses not ordinarily incurred for a caregiver may be submitted.’
Resolutions Sub-Committee Comments: There would be an additional cost but it cannot be provided as there are missing variables.
P-11 TRAINING POLICY
Whereas the duration of Regional Union Training Schools will last for three (3) days; and
Whereas Stewards attending training schools in their home locality do not incur significant travel expenses when attending training schools;
Be it resolved that the Training Policy be revised as follows:
5. Duration
Basic Steward Training is to be set for two and a half days. The Regional Union Training School will last three (3) days including a Saturday, excluding travel time and are composed of multiple modules. As a general rule, participants must register for sessions with a total length corresponding to that of the school (3 days) when the training location is more the 25 kilometres from the participant’s residence.
Resolutions Sub-Committee Comments: No comment
P-12 ELECTION ACTIVITIES
PIPSC NATIONAL ELECTIONS ACTIVITIES
Problems have arisen in the past which have caused embarrassment to candidates and the Institute, some examples of which are noted below and which should shall be avoided:
- Use of Institute supplies and services, such as letterhead, logo, envelopes, business cards, photocopiers and meeting rooms, for campaign purposes.
- Use of a logo sufficiently similar to the Institute logo as to imply support.
- Use of any contact information from the Institute membership list not described by the CNPCA as per Policy on the membership List for campaign purposes. Contact information contained on the PIPSC Web Site is provided for the sole purpose of allowing members to contact their Institute representatives for employment-related problems or questions. This information may not be used in unsolicited bulk e-mailings.
- Contacting members by phone or by email at their place of work for campaign purposes unless they receive prior permission from those members.
- Campaigning on Public Service premises during working hours to solicit support from PIPSC members without the prior written authorization from a Manager of the workplace they wish to visit
- Involvement of Institute staff in a campaign in any manner.
- Placing campaign literature in Institute offices unless approved by the Elections Committee
- Founded complaints with regard to any of the above activities by candidates or their supporters may result in loss of membership, loss of an elected/appointed position at the time of the finding, or loss of stewardship. Founded complaints may be forwarded to the DRDP process. Repeated founded complaints can result in candidates being removed from the ongoing election process and/or being forbidden to seek elected office in the future.
Resolutions Sub-Committee Comments: The use of membership lists is allowable under the NFP Act. The proposed amendments are not based on current practice but on those that were in place for the 2015 election.
The use of a membership list as defined in the CNFPCA is permissible for election purposes, in accordance with that same legislation. The Institute’s Policy on Membership Lists sets out the details of how requests are to be made and what information will be provided.
This proposed amendment violates BL 17.3.2.
P-13 FRIENDS OF COMMITTEES OF THE BOARD OF DIRECTOR
Whereas friends of committees can be nominated to Board committees; and
Whereas members from Regions other than the NCR would be out of pocket for travel expenses; and
Whereas friends of committees offer valuable advice and guidance to the committees they are members of;
Be it resolved that the Policy on Committees of the Board of Directors be amended as follows:
16. Friends of Committees
Committees of the Board may nominate Institute members as Friends of their Committee for approval by the Board of Directors.
Friends of Committees receive notices of meetings, agendas and minutes of meetings, and may submit their comments and suggestions on items being discussed by their Committee. Friends of Committees are not members of the Committee. As such, they do not form part of a quorum nor can they vote in the deliberations of the Committee.
Friends of a Committee are not entitled to compensatory salary or the reimbursement of travel expenses using committee funds. A constituent body may decide to subsidize the expenses of a friend of a committee to attend a Committee meeting from their existing annual allowance.
Note that there are no “friends” on the ECC, the Elections Committee, or the Elections Appeal Committee.
Resolutions Sub-Committee Comments: No comment
P-14 SCHEDULING OF MEETINGS AND TRAINING
Whereas the following resolution was passed at the 2011 PIPSC AGM:
P-14 SCHEDULING OF INSTITUTE MEETINGS
Whereas for the purpose of this policy “religious festivals” will be defined as those festivals which, if they were to occur on a regularly scheduled work day, observant members would arrange to have time off from work to observe the festival; and
Whereas, examples of religious festivals include Easter Sunday, Rosh Hashanah, Shavuot and Eid;
Therefore, be it resolved that the Institute shall enact a policy requiring constituent bodies to make best efforts when scheduling constituent body meetings and regional training schools to avoid all major religious festivals.
Whereas the section of the current policy on Balancing Union Activity and Family Life, Section 4. Scheduling Institute Constituent Body Meetings, in part reads:
7. Efforts will continue to be made to ensure meetings are not scheduled so as to interfere with family observances such as Mother’s Day, Father’s Day, Halloween, etc.
Whereas the current policy does not reflect the intent or purpose of the resolution passed in 2011
Be it resolved that the policy on Balancing Union Activity and Family Life be revised to include the following statement :
7. Efforts will continue to be made to ensure meetings are not scheduled so as to interfere with family observances such as Mother’s Day, Father’s Day, Halloween, etc.
Resolutions Sub-Committee Comments: No comment
P-15 INSTITUTE’S DISCIPLINE AND DISPUTE RESOLUTION POLICY
Whereas investigations cost the Institute substantial sums of monies, are extremely adversarial, and ultimately do not provide a result that is satisfactory to either party to the dispute; and
Whereas it is in the Institute's best interests to facilitate the resolution of disputes at the lowest possible level; and
Whereas mediation or other alternative dispute resolution is mandatory in most provincial jurisdictions in very acrimonious situations such as for individuals who are wishing to dissolve their marriage:
Be it resolved that the Institute’s Discipline & Dispute Resolution Policy is amended to incorporate the following into the existing policy:
Part A: Where it has been determined by General Counsel, a Third Party Neutral, or the Panel of Peers that an unresolved dispute or controversy among members, directors, officers, committee members or volunteers of PIPSC should go to formal investigation, it shall FIRST be referred to a mediator that is mutually agreed to by both parties. It is understood that mediation shall be on a without prejudice basis, and shall not or in any other way derogate from the rights of members, directors, officers, committee members, or volunteers of the Institute as set out in the by-laws or the Act, or to institute a lawsuit or legal action.
All costs of mediation shall be borne by the Institute.
If the complainant refuses to participate in mediation, or if it is determined by the Mediator that the complainant is not participating in good faith with a view to settling the dispute, all of the allegations in the complaint shall be deemed to be frivolous, vexatious or without merit and the complaint shall be summarily dismissed.
If the respondent refuses to participate in mediation or if it is determined by the Mediator that the respondent is not participating in good faith with a view to settling the dispute, all of the allegations in the complaint shall be deemed to founded, in which case, the Institute shall take appropriate steps to make the complainant whole, and mete out discipline to the respondent as appropriate, based on recommendations of the Mediator.
In the event that the aforementioned dispute is not resolved through mediation, the parties to the dispute can agree to have the dispute settled by arbitration before a single arbitrator, and as mutually agreed upon by the parties to the dispute. The parties agree that all proceedings relating to arbitration shall be kept confidential and there shall be no disclosure of any kind. The parties further agree that the decision will be final and binding on the parties. All costs of arbitration shall be borne by the Institute.
If mediation fails, and binding arbitration is not agreed to by one or both parties, then the complaint shall proceed immediately to investigation, and the balance of the policy applies in its entirety.
Resolutions Sub-Committee Comments: The cost involved at the mediation stage is estimated at $15K strictly in professional fees per case assuming two parties are involved + travel + room rental + salary replacement.
The cost involved at the arbitration stage is estimated at $6K -15K per case based on arbitration lasting between 2 to 5 days + cost of counsel + travel + room rental + salary replacement
The cost involved at the investigation stage is estimated at $15K per case based on average cost of investigations under the Dispute Resolution and Discipline Policy.
The current Dispute Resolution and Discipline Policy provides for the possibility of mediation, on a voluntary basis.
It is unclear what may be considered a “controversy” requiring the application of the By-Law.
Deeming a complainant to have filed a complaint that is frivolous vexatious or without merit; or imposing discipline on a respondent because either party refuses to participate in mediation or because of their conduct in the course of mediation is inconsistent with By-Law 24.3, which guarantees procedural fairness in the disciplinary process.
P-16 FRIENDS OF THE FINANCE COMMITTEE
Whereas the Board of Directors has seen fit to eliminate Friends to the Finance Committee whose participation in the Committee is governed by similar rules regarding confidentiality that apply to all constituent bodies; and
Whereas friends of committees can provide a fresh perspective for the Finance committee they participate on; and
Whereas participating as a friend of a committee gives Institute members an opportunity to learn about and develop skills for participating on Board committees if not chosen as a regional representative; and
Whereas the friends of the Finance committee had been approved by the Board of Directors and those friends must comply with all requirements for sitting on the committee prior to participation
Be it resolved that friends be allowed to participate on the Finance Committee.
Resolutions Sub-Committee Comments: This resolution would result in a change to the Policy on Standing Committees of the Board to allow friends on the Finance Committee.