Report on the Disposition of 2016 Carried Resolutions
Presented to the 98th Annual General Meeting
Change to Fiscal Year – Sponsor: Board of Directors
14.1.1 Fiscal Year The fiscal year shall run from January 1 to December 31. AGM 2013.
14.1.1 New Fiscal Year (NEW) - Effective July 1, 2017, the fiscal year shall run from July 1 to June 30.
14.1.1.1 Stub Year (NEW) - For the transition period from January 1, 2017 to June 30, 2017, audited financial statements will be presented to the Annual General meeting in 2017. CARRIED
Disposition: COMPLETE
Election of AC Director – (Sponsor: Board of Directors)
Moved and seconded,
10.4.4.1 AC Director Only representatives of the Advisory Council shall be eligible to run for, vote for and hold the position of AC Director. The AC Director shall be elected in even numbered years as provided for in these By-Laws and Regulations 10. The AC Director shall have the right to vote at AC meetings.
10.4.4.2 AC Steering Committee (Except AC Director) Each year, there shall be an election of Officers of the Advisory Council. The newly elected Officers shall take office immediately following the meeting at which they were elected. The Chair, the Treasury Board representative and the Federal Government Agencies representative shall normally be elected in even-numbered years. The Vice-Chair and separate employers’ representative shall normally be elected in odd-numbered years
10.4.4.3 10.4.4.2.1 (Renumbered) Notice of the election shall be included with the agenda for the meeting at which the election takes place. Nomination for election is not contingent upon attendance at the meeting, but candidates must indicate, in writing, a willingness to stand for election.
10.4.4.4 10.4.4.2.2 (Renumbered) The election shall be conducted by a member of the Advisory Council who is not a candidate in the election. The election shall be by secret ballot. The candidate who receives the plurality of legal votes shall be deemed elected. Following completion of the election, the ballots shall be destroyed.
R10.4.4.1.1 Timing of Election The AC Director shall be elected by secret ballot at the last regularly scheduled AC meeting in even years. BOD 2006 (e)
R10.4.4.1.2 Eligibility For the purposes of By-Law 10.4.4.1, the incumbent AC Director shall be considered a Group representative to the AC and shall be eligible to stand for reelection.
R10.4.4.1.3 Term of Office The AC Director shall serve for a 2 year term commencing on the January 1st immediately following his election. BOD 2006 (e)
R10.4.4.3 Nominations Nominations for the position of AC Director may be submitted in writing to the Chair of the AC or may be made from the floor. BOD 2006 (e)
22.1.2 Nominations Nominations must be in writing, signed by at least one hundred (100) members for candidates for the office of President, fifty (50) for the office of Vice-President, and twenty-five (25) for the position of Regional Director, and contain the consent of the nominees attested to by their signature. Such nominations must be received at the National Office not later than 5.00 p.m. on the day fixed for the close of nominations. Both original nomination forms and nominations submitted by facsimile transmission shall be accepted as official nominations. The date fixed for the close of nominations shall be not less than ten (10) weeks before the date fixed for the election. REFERRED TO THE BOARD OF DIRECTORS
Disposition: COMPLETE – The Institute By-Laws were amended accordingly.
Appointment / Renewal of Stewards – Sponsor: Board of Directors
Moved and seconded,
Be it resolved that By-Law 12.4 be amended as follows:
By-Law 12.4 - The following methods shall be used to recommend appointments of Stewards to the President.
Be it further resolved that By-Law 12.4.2.1 be amended as follows:
By-Law 12.4.2.1 - The authority to appoint a Steward rests exclusively with the President.
Be it further resolved that the following be added at By-Law 12.5:
By-Law 12.5 - The authority to renew a Steward’s term rests exclusively with the President. CARRIED
Disposition: COMPLETE – The Institute By-Laws were amended accordingly.
Late Resolutions to PIPSC AGM – Sponsor: AFS Group
Moved and seconded
Be it resolved that the Institute By-Law 13.1.4.3.2 be amended as follows:
13.1.4.3.2 Late Resolutions
Resolutions submitted contrary to the procedure outlined in these By-Laws may be dealt with by an Annual General Meeting only after all regularly submitted resolutions have been dealt with and are received by the Resolutions Sub-Committee no later than 10:30 a.m. on the final day of the Annual General Meeting, except that an Annual General Meeting may accept a resolution as an emergency and deal with it immediately. CARRIED
Disposition: COMPLETE – TheInstitute By-Laws were amended accordingly.
Acting Vice-President or Director – Sponsor: AFS Group
Moved and seconded,
Be it resolved that the Institute By-Laws be amended as follows:
20.3 Acting Vice-President When a Vice-President is temporarily unable to carry out his duties, the Board shall, at its next regular meeting, designate an Acting Vice-President from amongst the serving members of the Board for the duration of such temporary absence. By-Law 20.2.1 is not applicable for the acting period.
20.4 If a position of Vice-President becomes vacant, the Board shall, at its next regular meeting, appoint an acting Vice-President from amongst the serving members of the Board to fulfill the duties of the position until the vacancy is filled by election. In this case, By-Law 20.2.1 is not applicable only for the acting period. A special election must be called if the duration of a term is greater than twelve (12) months following a declaration of vacancy.
BY-LAW 21 – DIRECTORS
21.5 Leave of Absence for Just Cause When an Elected Director is absent with just cause for a fixed period of more than two (2) months but will return to his position prior to the expiry of the term of office, the Board may, at its discretion and subject to the recommendation of the AC Steering Committee or the Regional Executive concerned, fill the position by appointment for the period during which the Elected Director is absent. By-Law 21.2.1 is not applicable during the absence of an elected director.
21.5.1 When a Director is absent with just cause for a fixed period of more than two (2) months and whose term of office will expire while on leave of absence, the Board may, at its discretion and subject to the recommendation of the AC Steering Committee or the Regional Executive concerned, fill the vacancy by appointment until expiry of the term of office, provided that the regular election is not scheduled to take place within three (3) months of such appointment. In this case, By-Law 20.2.1 is not applicable for the acting period. A special election must be called if the duration of a term is greater than twelve (12) months following a declaration of vacancy. CARRIED
Disposition: COMPLETE – The Institute By-Laws were amended accordingly.
Human Rights and Diversity Committee – Sponsor: Prairie/NWT Regional Council
Moved and seconded that,
Whereas PIPSC is a progressive union and whereas discrimination of any type runs contrary to the values of our union and a democratic, pluralistic society such as Canada,
Therefore be it resolved that PIPSC should rename its Human Rights in the Workplace Committee to Human Rights and Diversity Committee and have it address multiple areas of discrimination and harassment that exist in our society as follows:
17.7 Human Rights and Diversity Committee
17.7.1 Composition - There shall be a Committee of the Board to be known as the Committee on Human Rights in the Workplace and Diversity consisting of five (5) to seven (7) members. Composition of the Committee should be representative of the diversity of the membership.
17.7.2 Mandate – The Committee on Human Rights in the Workplace and Diversity shall advise and make recommendations to the Board on how to address concerns or issues identified in the workplace relating to the human rights of members on human rights and diversity matters affecting our membership. To achieve its mandate, it will:
a) Monitor issues in the broad field of human rights and diversity, including employment equity and the contribution of members and the Institute to this field but not limited to issues such as gender, race, ethnicity, class, mental health and ageism;
b) Coordinate and distribute information on human rights Advocate, via sub-committees, for groups of people subject to discrimination and harassment, including but not limited to women, Aboriginal peoples, visible minorities, the disabled and LGBTQ;
c) Provide an ongoing forum where human rights issues can be discussed and studied Coordinate and distribute information and recent developments in the field of human rights and diversity; CARRIED
Disposition: COMPLETE – The Institute By-Laws were amended accordingly.
Renaming of the Member Services Committee – Sponsor: Atlantic Regional Executive
Moved and seconded that,
Whereas there is a Committee of the Board that is known as the Member Services Committee; and
Whereas the primary mandate of the Member Services Committee is the education and training of Institute stewards; and
Whereas members of the Member Services Committee are Regional Training Committee Chairs; and
Whereas questions from members regarding members services are referred to the Member Services Division of the Institute and not the Member Services Committee causing confusion to the membership;
Therefore be it resolved that the Member Services Committee be renamed to the Training and Education Committee; and
Be it further resolved that the following Institute bylaws be amended as follows:
17.8 Member Services Training and Education Committee
17.8.1 Composition There shall be a Committee of the Board to be known as the Training and Education 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 Member Services Training and Education Committee shall be responsible for advising and making recommendations and/or providing advice to the Board on any issue relating to the provision of services to individual membersrecruitment, training and education of Stewards/members and for providing advice to the Board concerning activities such as the Institute training program and the recruitment and training of Stewards. CARRIED
Disposition: COMPLETE – The Institute By-Laws were amended accordingly.
By-Law 24.2 – Appeals – Sponsors – Chris Roach, Vice-President, AFS Group and Shannon Bittman, National Vice-President
Moved and seconded that,
Whereas the finding of fault or the imposition of discipline can have serious and far reaching effects on an individual’s reputation and career; and
Whereas disciplinary decisions are often varied on an appeal; and
Whereas the legitimacy of the complaint process is predicated on its integrity and fairness; and
Whereas the principles of fundamental justice require that until such time as internal appeal mechanism are exhausted, that the respondent be afforded confidentiality, and that there is a presumption of innocence;
Therefore be it resolved,
24.2 Appeals
24.2 Appeals A decision to remove from office, or suspend or expel from membership can be appealed by the member being disciplined in accordance with the Dispute Resolution and Discipline Policy.
A member may appeal any disciplinary decision in which discipline is meted out in accordance with the Institutes Dispute Resolution and Discipline policy.
24.2.1 Appeals (NEW)
Disciplinary actions shall not be implemented or communicated by the Institute until the later of the date for filing an appeal has passed pursuant to the Institutes policy, or the disciplinary decision has been upheld on Appeal. CARRIED
Disposition: COMPLETE – The Institute By-Laws were amended accordingly.
Moved and seconded that,
Be it resolved that the 2016 AGM receive the audited financial statements for the fiscal year ending December 31, 2015. CARRIED
Disposition: COMPLETE - The Institute By-Laws were amended accordingly.
Be it resolved that BDO Canada be appointed as auditors of PIPSC and its related entities, for the 2017 fiscal years. CARRIED
Disposition: COMPLETE – The Institute By-Laws were amended accordingly.
Be it resolved that the 2016 AGM approve the budget for the period of January 1, 2017 to December 31, 2017. CARRIED
Disposition: COMPLETE – The Institute By-Laws were amended accordingly.
Moved and seconded that,
Whereas members’ dues have not kept pace with inflation; and
Whereas PIPSC’s operating deficit will exhaust the Institute’s reserves by the end of 2017; and
Whereas PIPSC members’ dues are below the average paid by other NJC union members; and
Whereas a fair dues increase is essential to ensuring the Institute’s sustainability and maintaining existing services, initiatives and campaigns; and
Whereas PIPSC needs to invest in strategic areas such as government relations, communications and mobilization; and
Whereas PIPSC, as the leading voice for professionalism in the federal public service, has the goal of representing our members to the highest standards possible and Programming for Success;
Be it resolved that the 2016 AGM approve a $10 per member per month dues increase effective January 1, 2017. CARRIED
Disposition: COMPLETE – The Institute By-Laws were amended accordingly.
Moved and seconded that,
Whereas Resolution F-5 Funding of Constituent Bodies in Remote Regions was carried at the 2015 PIPSC AGM; and
Whereas Resolution F-5 only addresses the territories of Nunavut, Yukon and North West Territories and not all northern and remote areas in Canada; and
Whereas section 110.7 (1) of the Canadian Income Tax Act recognizes all northern and remote areas in Canada;
Be it resolved that the annual allocation for constituent bodies in defined remote areas under section 110.7(1) of the Canadian Income Tax Act and the NJC Directive on Isolated Posts, be increased as follows to reflect the cost differences in remote regions:
All areas not recognized under resolution F-5 of the 2015 PIPSC AGM: 120% CARRIED
Disposition: COMPLETE – The Institute By-Laws were amended accordingly.
Moved and seconded that,
Whereas, the e-store contract was set to end in October 2016; and
Whereas, the e-store contract was renewed for in July 2016 for another year and will now expire in October 2017; and
Whereas, there has been general dissatisfaction with the selection, quality, price and availability of merchandise at the e-store;
Therefore be it resolved that the current e-store contract not be renewed when it next comes up for renewal. CARRIED
Disposition: COMPLETE – The Institute By-Laws were amended accordingly.
Whereas the Canada Not-for-Profit Corporations Act (NCA) requires that the Annual General Meeting be held within six (6) months of the organization's financial year end; and
Whereas the Professional Institute of the Public Service of Canada is taking every reasonable step to bring itself into compliance with the NCA; and
Whereas an extension of time has been granted by Industry Canada to allow the Professional Institute of the Public Service of Canada to hold the Annual General Meeting in November 2016 for the financial year ending December 31, 2015 subject to the following terms:
1. By June 30, 2016, the Corporation complies with Subsection 175 (1) of the NCA by sending a copy or summary of the documents referred to in Subsection 172 (1) of the NCA or a copy of a publication of the Corporation reproducing the information contained in the documents or summary to each member, other than a member who, in writing, declines to receive such documentation. If the Corporation sends a summary to a member, the Corporation shall also inform that member of the procedure for obtaining a copy of the documents free of charge; and
2. At or before the annual general meeting of members in 2016, the Corporation provides to members a copy of its unaudited quarterly financial statements up to an including the 2nd quarter for the particular ongoing financial year;
3. The Corporation's members support this exemption by way of passing a special resolution at its annual meeting in 2016; and
4. The Corporation informs its members of this exemption as soon as possible but not later than by June 30, 2016.
Whereas the Professional Institute of the Public Service of Canada has complied with the terms imposed by Industry Canada;
Therefore be it resolved that members of the Professional Institute of the Public Service of Canada support the exemption order granted by Industry Canada in Decision No. D-007/16 dated June 7, 2016 CARRIED
Disposition: COMPLETE
Moved and seconded that,
Whereas the Treasury Board’s Workplace Day Care Centres Policy succeeded for many years to help build and sustain 12 centres throughout federal buildings
Whereas the previous federal government undermined the long term financial viability of workplace daycares by eliminating the fiscal envelope for departments to subsidize rents for workplace daycares
Whereas we have already seen the closure of the Tupper Tots Daycare in Ottawa and the threat to others workplace daycares in federal buildings
Therefore be it resolved that PIPSC continues to work with other bargaining agents to ensure that the Treasury Board upholds their Workplace Day Care Centres Policy and that these vital daycares are maintained over the long term. CARRIED
Disposition: The Institute continues to work with other federal bargaining agents to oppose the closure of workplace child care centres in federal government buildings. The Guy Favreau child care centre in Montreal is still under threat. Despite assurances from the government the centre must assume the full cost of rent at market rates. The child care centre is understandably close to depleting its reserves. The Institute has recently written to the Ministers responsible for the Treasury Board, PSPC and ECCC as departments involved in the Guy Favreau Centre, demanding the government take measures to ensure the daycare stay open and continue to serve the needs of public services employees and their families.
In addition the new policy reset initiated by the Treasury Board proposes to eliminate the policy on workplace daycares. The Institute is joining with other NJC bargaining agents to oppose this reset process.
Whereas the legitimacy of an advanced democracy’s tax system is predicated on its integrity and fairness; and
Whereas the Government of Canada’s Budget 2016 announced new spending expected to yield more than $12 in revenue for every $10 invested in the Canada Revenue Agency (CRA); and
Whereas restoring public faith in the integrity of tax system demands investing in the staff and structure needed at the CRA to catch international tax cheats and provide much-needed revenue for federal government programs;
Therefore be it resolved that PIPSC calls on the federal government to:
- Establish a world-class tax fairness initiative with a $600 million investment to recoup $6 billion in revenue
- Investigate complex cases and prosecute offenders
- Target corporate tax cheats
Disposition: This resolution was adopted by the Board and is already imbedded in the strategic objectives. The work is already ongoing and covered by internal budgets.
Whereas public science requires rebuilding after nearly 10 years of muzzling and cuts by the previous federal government
Whereas there exist a significant shortage in the number of scientists, engineers and researchers to meet the ongoing research and regulatory needs of the Government of Canada
Therefore be it resolved that PIPSC engages the current government to support public science by investing in innovation and science at the federal level
Be it further resolved that PIPSC calls on the federal government to hire additional federal scientist to reverse the impact of dangerous cuts over the previous 10 years and increase funding for conference attendance, and
Be it further resolved that PIPSC campaign vigorously to enshrine scientific integrity into collective agreements in order to ensure no future government can muzzle federal scientists again.
Disposition: This resolution was adopted by the Board and is already imbedded in the strategic objectives. The work is already ongoing and covered by internal budgets.
Whereas the contract between public employees and the federal government is breaking down as more and more services are outsourced for longer and longer periods of time; and
Whereas outsourcing government services does not ensure Canadians get the best expertise available when it’s needed, more efficiently or at a lower cost; and
Whereas the federal government currently spends $10 billion a year on outsourced services, more than the budgets of several large federal departments combined;
Therefore be it further resolved that we call on the federal government to reduce reliance on outside IT and other professional services and reinvest a portion of the savings into training to enhance the government’s internal capacity; and
Be it further resolved that the Institute build a multi-pronged campaign to raise member and public awareness of the harms of contracting out/outsourcing and continue to lobby the federal government to reverse the trend towards an over-reliance on private sector solutions.
Disposition: This resolution was adopted by the Board and is already imbedded in the strategic objectives. The work is already ongoing and covered by internal budgets.
Whereas the mission of PIPSC is to represent members collectively and individually; and
Whereas PIPSC represents the rights of its members; and
Whereas representation includes the submission of grievances; and
Whereas the current grievance tracking system is not being utilized to record or track all grievances in a manner that allows relevant reports on grievances to be searched as needed for bargaining support or to track the status of important grievances;
Be it resolved that PIPSC adopt a grievance tracking system that can easily be used by staff and that can be searched as needed for bargaining support or to track the status of important grievances; and
Be it further resolved that reports about grievances be provided to Groups and Regions as requested.
Disposition: Improvements to the grievance tracking system will be put in place in 2018, as part of the Institute operational plan objectives.
Whereas it is extremely time consuming to get a reservation for travel and accommodation through BCD Travel; and
Whereas PIPSC does not receive any volume discount from BCD Travel; and
Whereas we (PIPSC) do not receive the benefit of seat sales by airlines and hotel accommodations from BCD Travel; and
Whereas BCD Travel is only available 8 am - 5 pm EST;
Be it resolved that the Institute be directed to investigate ways to reduce time delays by moving to an on-line travel application or an alternate full service provider of Travel Booking Services, implement and report back at the 2017 AGM
Be it resolved that the Institute be directed to investigate ways to be more efficient internally and externally on travel booking services reduce time delays by moving to an on-line travel application or an alternate full service provider of Travel Booking Services, implement and report back at the 2017 AGM to the 2017 AGM.
Disposition: Corporate Services Department has initiated the project regarding online travel booking and expense management with the intent on improving the efficiency of the processes while providing flexibility to the members and employees on travel status.
Whereas the PIPSC member travel approval management system to obtain a TAN is cumbersome and affects member volunteer time and often consumes up to two weeks to obtain;
Be it resolved that the Group President be authorized to approve and issue TANs for NR members.
Be it resolved that the Group Presidents be authorized to approve and issue TANs for their group executive NR members.
Disposition: This resolution was referred to the Finance Committee who recommends not adopting the proposed resolution.
Whereas the mission of PIPSC is to represent members collectively and individually; and
Whereas PIPSC represents the rights of its members; and
Whereas representation includes the submission of grievances;
Whereas the current grievance tracking system is not being utilized to record or track all grievances in a manner that allows relevant reports on grievances to be searched as needed for bargaining support or to track the status of grievances;
Be it resolved that PIPSC review the capabilities of the current "tracking system for grievances", and determine further requirements through consultation with the Advisory Council, to ensure the system can easily be used by staff and that the data can easily be searched for bargaining support or to track the status of grievances; and.
Be it further resolved that reports about grievances be provided to Groups, Regions and Consultation Teams as requested.
Be it further resolved that this grievance tracking system be put in place before September 1, 2017.
Disposition: Improvements to the grievance tracking system will be put in place in 2018, as part of the Institute operational plan objectives.
Whereas thenational and regional committees must make decisions based on the funds allocated to them through the Annual General Meeting;
Whereas treasurers and chairs of national and regional committees do not have access to the details of financial transactions affecting the committees for which they are responsible; and
Whereas detailed financial reports are critical to the sound management of national and regional committees;
Be it resolved that treasurers and chairs of national and regional committees have quarterly access to the details of financial transactions as well as the detailed financial statements of the committees for which they are responsible.
Disposition: The Board of Directors agreed with the AC’s recommendation not to proceed any further with this resolution.
Whereas our union represents more than 50,000 members;
Whereas the labour movement has been facing all-out assaults for years;
Whereas each work environment requires adherence to specific missions and values;
Whereas the values of the labour movement are substantially different than the values that can be found in other work environments; and
Whereas the Institute’s values are attainable and well known, and include respect, integrity, cooperation and accountability;
Be it resolved that the hiring processes for the Institute’s employees include a thorough, systematic assessment of the applicants’ adherence to our organization’s union values;
Be it further resolved that adherence to these union values be a top priority in the assessment of the applications received.
Disposition: The Board of Directors agreed with the AC’s ruling that this resolution is out of order.
Whereas it is important for the union to ensure its sustainability;
Whereas, in the next few years, a generation of members will be retiring;
Whereas it is vital to prepare the next generation of leaders;
Whereas the Québec Youth Committee is proving successful; and
Whereas similar initiatives within the Institute should be considered;
Be it resolved that each of the Regional Directors consider the appropriateness of identifying one or more young activists in their respective region, thereby encouraging the creation of a Regional Youth Committee.
Disposition: At its June 2017 meeting, the Board of Directors approved the participation of six members of regional young professionals, as observers at the 2017 PIPSC AGM.
Whereas the Institute’sBy-Law 27 establishes the principle of equality of both official languages; and
Whereas the Institute’s AGM is usually chaired by a unilingual Anglophone person;
Be it resolved that, starting with the 2017 AGM, the Institute’s AGM will be chaired by a bilingual person.
Disposition: The Board of Directors agreed with the AC’s recommendation not to proceed any further with this resolution.
Whereas virtually all members of PIPSC currently own personal cell phones and have home internet; and
Whereas virtually all members of PIPSC have cell phone and home internet contracts that provide more than adequate service allowing use of personal cell phones and home internet for union activities at no extra cost;
Be it resolved that reimbursement to members of executives of constituent bodies for personal cell phones be limited to provable incremental costs associated with union activities; and
Be it further resolved that reimbursement to members of executives of constituent bodies for home internet be limited to provable incremental costs associated with union activities.
Disposition: The Board of Directors agreed with the AC’s recommendation not to proceed any further with this resolution.
Whereas the introduction to the Truth and Reconciliation Commission Final Report states that:
For over a century, the central goals of Canada’s Aboriginal policy were to eliminate Aboriginal governments; ignore Aboriginal rights; terminate the Treaties; and, through a process of assimilation, cause Aboriginal peoples to cease to exist as distinct legal, social, cultural, religious, and racial entities in Canada. The establishment and operation of residential schools were a central element of this policy, which can best be described as “cultural genocide.”
Whereas the Truth and Reconciliation Commission has made comprehensive recommendations to address the devastating legacy of the residential school system and the need for reconciliation; and
Whereas government actions are required to promote education about the residential school system across Canada; to increase funding for Indigenous education and health and social services; to transform child welfare services for Indigenous children and families; and to ensure cultural sensitivity and increased control by Indigenous families and communities; and
Whereas all governments in Canada should ensure the international human rights of Indigenous Peoples and Indigenous treaty rights, language rights and self-governance;
Be it resolved that the Institute call upon governments in Canada to implement the recommendations of the Truth and Reconciliation Commission in consultation with Indigenous Peoples; educate our members on the residential school system and the attempted cultural genocide of Indigenous Peoples in Canada; Support Indigenous organizations and grassroots activism in efforts to promote healing and reconciliation; and encourage the CLC and other labour bodies to do the same.
Disposition: This resolution was referred to the Human Rights & Diversity Committee.
Whereas Constituent bodies have the freedom to purchase visibility items and promotional items for distribution to members and others; and
Whereas visibility and promotional items can be useful in building awareness of PIPSC, identifying Stewards and activists in the workplace; and
Whereas visibility and promotional items can be costly;
Therefore be it resolved that the purchase of visibility and promotional items should meet minimum criteria for:
a) return on investment in building the visibility of PIPSC in the public sphere; or
b) return on investment in enhancing the visibility of PIPSC and Stewards in the workplace; or
c) return on investment in demonstrations of solidarity within PIPSC in alignment with PIPSC values.
Disposition: The Board of Directors agreed with the AC’s recommendation not to proceed any further with this resolution.
Whereas constituent bodies must be responsible fiscal managers; and
Whereas members are entitled to full information on how their membership dues are allocated;
Therefore be it resolved that PIPSC constituent bodies, including Regional Councils, Branches, Groups and Committees, report at their Annual General Meetings on their finances using standard accounting practices including a balance sheet, a full statement of income and expenses, and detailed information on expenses, including those costs paid by the PIPSC central office on behalf of the constituent body.
Disposition: The Board of Directors agreed with the AC’s recommendation not to proceed any further with this resolution.
Whereas PIPSCis facing critical challenges in its defense of member's rights; and
Whereas PIPSC needs innovation and creativity to meet these challenges; and
Whereas change and growth are integral to the ongoing evolution of PIPSC and its ability to meet new and unique challenges;
Therefore be it resolved that the terms of executive members of constituent bodies be limited to no more than three consecutive terms in the same position.
Disposition: The Board of Directors agreed with the AC’s recommendation not to proceed any further with this resolution.
Whereas the proportion of women on PIPSC boards and committees is less than the proportion of women in our membership; and
Whereas women are under-represented in position of influence in government, business and academia; and
Whereas PIPSC strives to represent their members in a fair and equitable manner;
Therefore be it resolved that the Board of Directors, the National and Regional Executives, the Committees of the Board and the Executives of constituent bodies (Branches, Groups, Sub-Groups, Councils, Retired Members’ Guild), strive to achieve gender parity on those committees and boards.
Disposition: The Board of Directors agreed with the AC’s recommendation not to proceed any further with this resolution.
Whereas the representation of the views of all members in decision making is critical to the democratic functioning of PIPSC; and
Whereas the membership of PIPSC is unequally distributed between bargaining groups of various sizes; and
Whereas the executives of Constituent Bodies should represent members from all bargaining groups as much as possible; and
Whereas the delegates at annual general meetings and regional council meetings should represent all bargaining groups in a fair and equitable manner;
Therefore be it resolved that Regional Council executives be made up of a selection of members from all bargaining groups proportional to their membership in the Region; and
Be it further resolved that Branch executives be made up of a selection of members from all bargaining groups proportional to their membership in the Branch; and
Be it further resolved that the number of delegate representatives at regional council meetings be proportional to the membership of each bargaining group in the region; and
Be it further resolved that the number of delegate representatives at annual general meetings be proportional to the membership of each bargaining group.
Disposition: The Board of Directors agreed with the AC’s recommendation not to proceed any further with this resolution.
Whereas the gap between the rich and the poor in Canada is one of the widest of all the developed countries; and
Whereas the rate of increase of income inequality in Canada is also increasing at the one of the fastest rates among developed countries; and
Whereas wide scale income inequality causes social and economic instability; and
Whereas most other major unions have adopted an indexed fee schedule; and
Whereas PIPSC and other unions are leaders in social change for the betterment of their members and of Canadians; and
Whereas a demonstration of new policy can be effective in supporting similar changes on a larger scale;
Therefore be it resolved that PIPSC do its part to reduce income inequality by putting in place indexed membership fees so that members with lower income pay slightly lower fees and members with higher income pay slightly higher fees.
Disposition: The Board of Directors agreed with the AC’s recommendation not to proceed any further with this resolution.
Whereas human rights, values and dignities are to be safeguarded and protected in all matters pertaining to PIPSC; and
Whereas PIPSC has approved a Dispute Resolution & Discipline Policy (DRDP) to assist with accommodating these safeguards and protections; and
Whereas the DRDP may invariably utilize Third Party Contractors to accommodate the resolution process; and
Whereas the outcomes from Third Party Contractors could have ultimate and final impact on the parties involved; and
Whereas there is no transparency (even to the point of secrecy from the Board) in the development of selection criteria for Third Party Contractors, the selection process for Third Party Contractor inventory lists, or the awarding of Third Party Contracts from the standing inventory list;
Therefore be it resolved that there be full and complete transparency surrounding the administration of Third Party Contracts, including:
The preparation and submission of a Third Party Contractor Policy, for AGM approval. The Policy is to include, but not limited to: The selection process / criteria for the development of standing list(s) for Third Party Contractors; The eligible period / renewal period for any given standing list of Third Party Contractors (so there is no imbued right in perpetuity); The selection process for work assignments from the standing list of Third Party Contractors
The perpetual web posting of the Third Party Contractor process, including the approved policy, to be updated as required and as any modification to the process or to the standing list of Third Party Contractors, is undertaken. The web posting is to include the up-to-date number of work assignments to individual Third Party Contractors, as well as the dollar value of awards to Third Party Contractors;
An approval process which gives credence to the governance authority of the Board of Directors. The Board should have approval authority and responsibility for the formulation of Third Party Contractor standing inventory lists. The Board review process is to include whatever information the Board deems it requires to support the review process.
As Third Party Contractor assignments are awarded under DRDP, all parties have a right to know the Terms of Reference for the engagement and to question the full parameters of the work scope.
Disposition: The Board of Directors agreed with the AC’s recommendation not to proceed any further with this resolution.
Whereas the Professional Institute of the Public Service of Canada (the Institute) is incorporated under the Canada Not-for-Profit Corporations Act (CNFPCA); and
Whereas the Institute’s By-Laws must be compliant with the CNFPCA, including the CNFPCA requirement that General Counsel for the Institute be an Officer of the Institute; and
Whereas an Officer of the Institute has a fiduciary duty to the Institute, including the duty of loyalty and the duty of care; and
Whereas an Officer’s duties and loyalties are best served through a direct reporting relationship to the Board of Directors, which is charged with exercising the authority of the Institute between Annual general Meetings; and
Whereas the current Institute structure has General Counsel reporting directly to the Chief Operating Officer, himself an Officer of the Institute and the only employee reporting directly to the Board in the capacity of Executive Secretary; and
Whereas such a structure as that which currently exists, results in an officer of the Institute not reporting directly to the Board of Directors, which by consequence, results in indirect loyalty, if not in fact, divided loyalty;
Therefore be it resolved that the Institute’s policy on the Board of Directors be amended as follows:
Authority of the Board
The authority of the Board is as defined in the Institute’s By-Laws. The Board may exercise its authority through direction given to the Executive Committee, the President, the General Counsel, and the Executive Secretary of the Institute
Disposition: The Board of Directors agreed with the AC’s recommendation not to proceed any further with this resolution.
Whereas there has been a disturbing increase in the number of formal complaints filed by Institute officials at the highest level;
Whereas there is a lack of consistency in regards to the Investigation process and procedures, including the determination of whether a complaint should proceed to investigation or not;
Whereas there is a significant number of complainants and respondents (and others) who feel that the Institute’s complaint process lacked procedural fairness;
Whereas it is critical that the principles of natural justice and procedural fairness be adhered to in matters where discipline may be warranted;
Whereas the legitimacy of a complaint process is predicated on its integrity and fairness;
Whereas the Institute may become liable for significant legal and financial exposure relating to decisions rendered that are determined to be arbitrary, discriminatory or made in bad faith
Therefore, be it resolved that Part D and E of the Institutes Dispute Resolution and Discipline policy, be amended as follows:
Part D – Allegations of Misconduct
Formal allegations of misconduct warranting discipline as set out in Bylaw 24 must be submitted in writing to the Office of the General Counsel, clearly stating the allegations(s). Where the General Counsel determines the complaint to be frivolous, vexatious or without merit, the General Counsel may dismiss the complaint summarily.
Allegations relating to events having occurred more than 2 years prior to the allegations being made will generally be dismissed summarily, unless the allegations establish that the respondent(s) has engaged in a pattern of misconduct or harassment, or there is a direct connection to the current allegations.
If the complaint is determined to have merit, the General Counsel shall convene a Panel of Peers.
In some cases, the appropriate course of action decided by the Panel of Peers may be limited to remedial action, or some form of alternate dispute resolution. If the Panel of Peers determines that the alleged misconduct should be investigated, an Investigator shall be selected from a standing list of Investigators established and administered by the Board of Directors. The Institute will bear the costs of retaining the Investigator.
No member shall be suspended or expulsed from office or membership unless an investigation has been conducted.
A copy of the Investigator’s preliminary report will be provided to all complainants and respondents, who will be given an opportunity to comment in writing to the Investigator’s report. The complainant and the Respondent shall be provided with a copy of the Final Investigator’s report, at the same time as it is provided to the Panel of Peers. If discipline is being contemplated, the respondents shall have 14 days to provide representations in regards to the proposed disciplinary action, which will normally include an opportunity to respond verbally to the Panel of Peers
The investigation process including the conduct of the Panel of Peers shall be in accordance with Regulation 24.3 and 24.4
Part E – Appeals
Within fourteen (14) days of receipt of any decision of the designated Panel of Peers imposing discipline, the disciplined member(s) may appeal by written submission to the Board of Directors. Such submissions shall be limited to no more than five (5) pages double spaced.
Upon receipt of appeal submissions, the Board or its designate shall mandate a third party neutral to dispose of the appeal as expeditiously as possible The third-party shall be selected from a standing list of neutrals established and administered by the Board of Directors. The Institute will bear the costs of retaining the third party neutral.
The third-party neutral will establish the process to be followed in each case, while ensuring procedural fairness and a review of the facts and all arguments made by the parties. For example, the third-party neural may elect to determine the appeal on the basis of written submissions, hear arguments or testimony via tele/video-conference, or hear viva voice testimony.
The Institute will not be responsible for costs incurred by a member in relation to such appeal.
Disposition: The Board of Directors agreed with the AC’s recommendation not to proceed any further with this resolution.
Whereas there has been a disturbing increase in the number of formal complaints filed by Institute officials at the highest level;
Whereas there is a lack of consistency in regards to the Investigation process and procedures, including the determination of whether a complaint should proceed to investigation or not;
Whereas there is a significant number of complainants and respondents (and others) who feel that the Institute’s complaint process lacks procedural fairness;
Whereas it is critical that the principles of natural justice and procedural fairness be adhered to in matters where discipline may be warranted;
Whereas the legitimacy of a complaint process is predicated on its integrity and fairness;
Whereas the Institute may become liable for significant legal and financial exposure relating to decisions rendered that are determined to be arbitrary, discriminatory or made in bad faith
Therefore, be it resolved that:
New Regulation 24.3
The following guidelines shall be followed in processing the allegations against individuals who may be subject to discipline, pursuant to the Institute`s Dispute Resolution and Discipline policy, in order to ensure procedural fairness:
1. Timeframes
The disciplinary process shall be completed in a timely and expeditious manner. As a general rule, complaints should be dealt with in their entirety within six months from the date when the General Counsel receives the initial allegations.
For any complaint that is not fully resolved after 12 weeks, or as soon as it becomes known that the complaint will not be resolved within 12 weeks, the General Counsel shall provide an update in writing to both the complainant(s) and the respondent(s) setting out the reasons for the delay. Similar advice is to be provided each subsequent 6 weeks.
2. The investigation process is comprised of five stages:
2.1 Intake of Complaint
The General Counsel shall normally assess the merits of the complaint, except where he is named as a respondent or otherwise in a conflict of interest, or it involves a member of the Board of Directors, in which case a third party neutral shall be retained by the Institute.
In those situations where a third party neutral is retained, the mandate and terms of reference shall be established by the Board of Directors, and shall be shared with both the complainant(s) and the respondent(s).
If the complaint is determined to be frivolous, vexatious, or without merit, the complaint may be summarily dismissed by General Counsel.
Reasons to support summarily dismissing the complaint must be provided in writing to the complainant, who may appeal the decision to the Board, within 14 days of receipt of same.
2.2 Striking of the Panel of Peers and Assessment of Complaint
If the complaint is determined to have merit, an independent Panel of Peers shall be struck by General Counsel, subject to the consideration, if any, of allegations of conflict of interest or apprehension of bias made by either the complainant or the respondent.
The Respondent(s) shall have an opportunity to provide a response to the allegations made against them within 10 days of receiving the complaint, (right to be heard) before the Panel of Peers makes a determination as to the most appropriate course of action.
The Panel of Peers shall in all cases consider whether the allegations of misconduct can be dealt with as a remedial matter, such as additional training and development, or through alternate dispute resolution.
In deciding whether to deal with an allegation by remedial action or as a disciplinary matter, the Panel of Peers shall make a preliminary assessment of the facts, including any representations made by the Respondent(s) and taking into account the seriousness and the nature of the allegations.
If an investigation is determined to be warranted, the terms of reference and the mandate of the Investigator shall be shared with both the complainant(s) and the respondent(s).
Preliminary objections must be responded to in writing by the Institute`s General Counsel, or designate, before the complaint matter proceeds to Investigation.
The Respondent may appeal to the independent ombudsman, comprised of 3 to 5 members of the Advisory Council at any stage in the Investigation process on issues related to the procedural fairness of the Investigation process.
2.3 Investigation, including preliminary report
All persons identified by the complainant or the respondent as witnesses shall be interviewed by the Investigator except that if the Investigator decides not to interview a particular person, reasons in writing shall be provided to the complainant or the respondent as soon as the determination is made.
A witness to the Investigation shall in all cases, be deemed to be in a conflict of interest.
Allegations shall not be considered or otherwise subject to Investigation unless the respondent has been provided with full disclosure thereto.
Witnesses shall be provided with a copy of the interview notes, and shall attest to the accuracy and completeness of the information contained therein. If the witness does not certify the interview notes, the Investigator shall not rely on any of the information obtained in either his preliminary or final report.
Both the complainant and the respondent shall have the opportunity to respond to the preliminary report and shall be provided with a certified copy of the witness statements, as well as any other correspondence provided to the Investigator by any source.
The Investigator shall not rely on additional representations or allegations following the issuance of the preliminary report, in making findings or recommendations contained in the final report, unless the respondent is given the opportunity to respond to the new information or allegations.
2.4 Final Investigators report
Both the complainant and the respondent shall be provided with a copy of the final report at the same time as it is provided to the Panel of Peers.
If discipline is recommended, the respondent shall be advised in writing within 7 days of the report being issued of the disciplinary action that is being contemplated.
The respondent shall have 14 days to provide representations in regards to the proposed disciplinary action, which will normally include an opportunity to respond verbally to the Panel of Peers.
In addition to the Investigator`s report, the Panel of Peers shall consider whether there are mitigating or extenuating circumstances, whether policy and guidelines applicable to the conduct were in place, were known, or were being followed, and whether it is the first instance of misconduct or there exists a pattern of misconduct.
The recommended discipline shall be relative to discipline meted out in similar circumstances, unless the discipline may reasonably be considered to be progressive.
2.5 Implementation of final decision
The final decision shall only be made after considering the submission of the respondent (oral or in writing).
In all cases where discipline is applied, the Respondent shall have the right to appeal pursuant to the Discipline and Dispute Resolution policy.
Disposition: At its August 2017 meeting, the Board of Directors passed the motion that resolution P-25 (Guidelines for the Processing of Allegations Pursuant to DRDP) would not be further considered.