B-1 BL 17 Term of the National Election Committee (E)
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.
B-2 BL Amendments from Policy Review Exercise (E)
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.
B-3 Elimination of Part-Time Vice-President Positions (E)
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.
B-4 Re-Appointment of Stewardship (E)
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:
B-4a carried
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.
B-4b Referred to the Board of Directors
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.
B-4c Referred to the Board of Directors
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.
B-4d Referred to the Board of Directors
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.
B-5 10.4 Advisory Council (E)
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.
B-6 Renaming of Training & Education Committee (TEC) (E)
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
B-7 Selection Process for CLC Committees (E)
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)
B-8 The British Columbia Single Transferable Vote (BC-STV) (E)
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.