REPORT ON THE DISPOSITION OF 2017 CARRIED RESOLUTIONS
Presented to the 99th Annual General Meeting
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 members of the Advisory Council who is are 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 re-election
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. CARRIED
14.3.1 Annual Allowance - Each constituent body will be eligible to receive an annual allowance based on the number of members in each constituent body on the roll as of December 31 of the preceding year as set by the Annual General Meeting. Allowances will be established based on the following member composition:
Branches – number of Regular members, Retired members and Rand deductees;
Groups – number of Regular members and Rand deductees; and
Retired Members Guild – number of Retired members
Allowances will only be paid with respect to the current calendar year. The purpose of the allowance is to enable constituent bodies to defray the normal cost of conducting their business. CARRIED
18.104.22.168 The Elections Committee may also act as an elections committee for other elections as requested by:
a) the constituent body elections committee, or
b) the constituent body executive, or
c) the Board of Directors CARRIED
24.2.1 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. AGM 2016.
12.1. Definition A steward shall be an official representative of the Institute when appointed by the Institute. The employer shall be notified of the appointment by the Institute. Only a Regular member may be a Steward.
12.2 Duties and Responsibilities The duties and responsibilities of a Steward shall be as defined in the Regulations.
12.3 Term Stewards shall be appointed for a term as specified in the Regulations.
12.4 Methods of Selection The following methods shall be used to recommend appointments of Stewards by the President:
12. 4.1 By Election By virtue of being elected by members in his area of jurisdiction.
12.4.2 By Appointment The authority to appoint a Steward rests exclusively with the President.
22.214.171.124 Sub-Group, Branch and Regional Executives may recommend Stewards appointments to the appropriate Group Executive which, in turn, may recommend the appointment to the President.
12.4.3 Board of Directors By virtue of being a Regular Member who is member of the Board.
12.5 Re-Appointment of Stewardship The authority to renew a Steward’s terms rests exclusively with the President. Upon expiry of the term of Stewardship, a Steward may be re-appointed as follows:
12.5.1 By Re-Election Upon being re-elected by members in his area of jurisdiction.
12.5.2 By Renewal Subject to the recommendation of the appropriate Group Executive, by choosing to renew his term of office, unless the member loses an election for the position of Steward.
12.6 Termination of Stewardship A member shall cease to be a Steward for any of the following reasons:
12.6.1 If he ceases to be a Regular member of the Institute.
12.6.2 If he is no longer employed in the area of jurisdiction.
12.6.3 If notification of his resignation as a Steward is received at the Institute National Office.
12.6.4 If he is not reappointed following expiry of his Stewardship.
12.6.5 Where the member is a Steward only by virtue of serving on the Board, his Stewardship shall end when his term of office expires or when he ceases to be a Regular member.
12.6.6 If he loses an election for the position of Steward. 12.6.7 If a complaint from a member results in a recall vote which the Steward subsequently loses.
12.6.8 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. CARRIED AS AMENDED
Whereas each PIPSC Group and consultation team is entitled to one representative to the AC; and
Whereas the AC director and AC Chair are elected from within the AC membership; and
Whereas the chair and the AC director are involved in the running of the meeting and not participating in the meeting which limits their ability to represent their constituency;
Therefore be it resolved that By-Law 10.4.3.3 be adopted as follows:
10.4.3.3 (NEW) The Chair and AC Director who are involved in presiding over the Advisory Council and Steering Committee meetings may designate a replacement from their Group or Consultation Team to attend the Advisory Council meetings to ensure their Group or Consultation Team is represented at those meetings. This shall in no way remove the status of the Chair or the AC Director as an AC member. CARRIED
Whereas one of the roles of the Vice-Presidents as specified in Institute By-Laws is to assist the President; and
Whereas it is critical that Vice-Presidents are capable of stepping into the role of President of the Institute should an unforeseen event transpire, in order that the transition is seamless and the work of the Institute carries on uninterrupted; and
Whereas the roles and authorities of the President and the Vice-President currently lack clarity; and
Whereas there is currently no mechanism to resolve issues relating to assignment of the Vice-Presidents workload, including ensuring that Vice-Presidents are fully utilized;
Therefore be it resolved that By-Law 19.2 be adopted as follows:
By-Law 126.96.36.199 (New) If the President relinquishes the position of Chair at any meeting, one of the Vice-Presidents shall be appointed Chair of the particular meeting by the President. Chairing of meetings shall be shared on an equitable basis amongst the Vice-Presidents.
By-Law 188.8.131.52 (New) The President shall assign portfolios to the Vice-Presidents having regard to the strategic objectives of the Institute, and taking into account the skills, attributes and interests of the Vice-Presidents on an equitable basis, and subject to final approval by the Board.
By-Law 184.108.40.206 (New) Appointment to external Committee, Working Groups or Boards shall be made by the President, subject to the recommendations and final approval by the Board. In all cases, appointment to these positions shall be from the Vice-Presidents, and the Directors (in that order). For greater certainty, staff shall not be appointed to any external Committee, Working Groups or Board except for sub- committees of a particular Committee, Working Group or Board that are stood up with the express purpose of supporting the particular Committee, Working Group or Board.
By-Law 220.127.116.11 (New) The President shall not relinquish any of her responsibilities or authorities to a staff person. For greater certainty, the President may delegate his/her responsibilities to a Vice-President, but remains ultimately accountable for any actions or decisions made. REFERRED TO THE BOD
Disposition: The Board of Directors endorsed the recommendation of non-concurrence from the Resolutions Sub-Committee.
Whereas Officers (President and VP) are elected by all PIPSC members, Regional Directors are elected by all members of the region, all members are eligible for election as a member of the Board; and every member has one voting ballot (By-Laws 22.2 and 22.3); and
Whereas only representatives of the Advisory Council (AC) shall be eligible to run for, vote for and hold the position of AC Director (By-Laws 10.4.4.1) and this election is separate from elections to the Board (By-Laws 17.3.2); and
Whereas elections to the Board of Directors has been set in 2012 to occur simultaneously every 3 years; and no member shall be a candidate for more than one position on the Board in any given election (By-Laws 22.1 and 22.2.2); and
Whereas in 2016, the Advisory Council wanted to eliminate the possibility that the AC Director be a candidate to an officer position (President or Vice-President) while remaining a member of the Board;
Therefore be it resolved that By-Law 22 be amended as follows:
18.104.22.168 Board Members as Candidates Except for the AC Director, A member of the Board shall not, however, impair his capacity to retain his current office by virtue of his candidacy for another office, save upon election to such latter office as provided herein. The AC Director shall resign to be a candidate for elections to the Board.
Be it further resolved that By-Laws 15, 21, and 22 be amended to complete the distinction between AC Director and Regional Directors; and to remove the AC from four (4) sections of By-Laws 21 as follows:
15.1 Composition The Board of Directors shall consist of the President, the four (4) Vice-Presidents,
and ten (10) nine (9) regional Directors and the AC Director.
21.2 Distribution Four (4) Elected Directors shall be from the National Capital Region; and one (1) elected Director from each of the Regions outside the National Capital Region
, and one (1) Elected Director shall be elected by the Advisory Council.
22.1 Date of Election/Commencement of Office Commencing in 2015, there shall be an election of Officers and Directors of the Institute every three (3) years. On or before the first (1st) day of September, the Board shall fix the date for the election of Officers and Regional Directors, which shall take place at the Annual General Meeting. The newly-elected Officers and Regional Directors shall take office on the first (1st) day of January, following the election.
21.4.1 If a position of elected Director becomes vacant, the Board shall, subject to the recommendation of
the AC or the Regional Executive concerned, fill such vacancy, by appointment, until the vacancy is filled by election. By-Law 21.2.1 is not applicable until the election.
21.4.2 Insufficient Nominations Notwithstanding the above, vacancies that occur as a result of insufficient nominations shall, subject to the recommendation of the
AC Steering Committee or the Regional Executive concerned, be filled by appointment by the Board.
21.5 Leave of Absence for Just Cause [... ] the Board may, at its discretion and subject to the recommendation of the
AC Steering Committee or the Regional Executive concerned, fill the position [etc unchanged]
21.5.1 When a Director is absent [... ] the Board may, at its discretion and subject to the recommendation of
the AC Steering Committee or the Regional Executive concerned, fill the vacancy [etc unchanged]. REFERRED TO THE BOD
Disposition: The Board of Directors endorsed the recommendation of non-concurrence (redundancy) from the ad hoc committee on resolution.
Be it resolved that the 2017 AGM receive the audited financial statements for the fiscal year ending December 31, 2016 and for the fiscal year ending June 30, 2017. CARRIED
Be it resolved that BDO Canada be appointed as auditors of PIPSC and its related entities, for the 2018 and 2019 fiscal years. CARRIED
Be it resolved that the 2017 AGM approve the budgets for the period of July 1, 2017 to June 30, 2018 and for the period of July 1, 2018 to June 30, 2019. CARRIED AS AMENDED
Whereas PIPSC has benefited by its membership in the CLC, and
Whereas participation in the CLC Triennial provides direction to the CLC and the Canadian Labour movement, and
Whereas PIPSC being a CLC member is allocated 110 delegates to the Convention, and
Whereas PIPSC lapses the majority of those seats at the Triennial Convention,
Therefore be it resolved that the PIPSC Board of Directors work together with the Advisory Council and develop a strategy. CARRIED
DISPOSITION: The budget going to this year's AGM has $881,153 allocated for the Canadian Labour Congress and FTQ. For fiscal 2017/2018 we spent $565K out of a budget of $871.653. An annual reserve of $190K is being set aside to account for the CLC Triennial Convention . This is shown in the Statement of Financial Position, under Net Assets of the June 30th, 2018 audited financial statements.
Whereas the workforce composition is changing and the proportion of precariously employed members is increasing;
Whereas there was a $10/month dues increase at the 2016 AGM applied to all members irrespective of annual salary;
Whereas dues-paying members employed in casual “term” positions are not provided the same benefits and protections in many collective agreements as members employed in permanent “indefinite” positions;
Whereas PIPSC prides itself on a fair dues structure and should support precariously employed members;
Whereas the 2013 report on dues indicated the average PIPSC member paid 0.83% of their salary in dues;
Whereas PIPSC members grossing less than $40,000 annually pay greater than 2.0% of gross annual earnings in union dues;
Be it resolved that members who have paid more than 2.0% of their gross annual earnings as indicated on their T4 be eligible to apply to PIPSC for reimbursement of any dues paid above 2.0% to be credited against the following year’s dues. CARRIED
DISPOSITION: COMPLETE - Finance has not received any requests for this resolution however this will be applied should there be a claim and supporting documents demonstrating a member earned less than $40K for the calendar year (on a full-time basis).
Whereas the employer usually does not recognize union work when they hand out workplace awards; and
Whereas many deserving Stewards are not being recognized for the work they do on behalf of the members and PIPSC; and
Whereas the Steward of the Year awards are given out on a geographical basis by Region, with no regard to the numbers of Stewards in a particular Region (specifically, that the NCR can only ever have one Steward of the Year, despite having a much larger population of Stewards compared to some other Regions); and
Whereas many Stewards are engaged in some of the most difficult union-related tasks, such as bargaining with the employer, and receive little or no formal recognition from PIPSC because much of their effort is expended in Groups, Sub-Groups, Consultations and in various Committees, rather than in Branches and Regions; and
Whereas there is little consistency from year to year in the awarding of small gifts of appreciation to those who do win the awards available through PIPSC; and
Whereas it isn’t clear what awards or gestures of thanks are being given out locally by constituent bodies that vary greatly in size and budget; and
Whereas the submissions of names and justifications for awards are often difficult to obtain from our busy Stewards; and
Whereas many long-serving and active Stewards often retire without any recognition or thoughtful gesture for their years of dedicated service to the members; and
Whereas constructive changes to the way awards are handled in PIPSC can be seen as a personal affront for some of those who have received our existing awards in the past;
Be it resolved that the PIPSC BOD seek members’ advice on how to improve the current method of recognizing the work our Stewards do, and that they propose a motion to the 2018 PIPSC AGM on any suggested changes. CARRIED
DISPOSITION: See report at Appendix A.
Whereas women constitute a large portion of PIPSC members and need a voice to be heard at PIPSC; and
Whereas a National Status of Women Committee exits in our Government since late 1970; and
Whereas Women’s rights are still an ongoing issue within the public service and within PIPSC and are not being respected regardless of the policies in place;
Therefore be it resolved that the Board of Directors of PIPSC strike a task force to review women’s committees of other unions within the CLC; and
Be it further resolved that the Institute bring back a written report on this review to the 2018 AGM. REFERRED TO THE BOD
DISPOSITION: See supporting briefing note at Appendix B.
Whereas the second Technical Committee Report to the Steering Committee on Mental Health In the Workplace recommended “federalizing” the Mental Health Commission of Canada’s Assembling the Pieces, the step by step implementation guide for the National Standard of Canada for Psychological Health and Safety in the Workplace (The Standard); and
Whereas the third Technical Committee Report outlines a method to “plan, develop, maintain and refresh” the PHSMS; and
Whereas the entire Public Service will be required to implement the PHMS accordingly over the next 3 years (approximately); and
Whereas the implementation involves creation of joint mental health sub committees (JMHSC), joint identification of Champions, the co-development of JMHSC Terms of Reference, the co-development of an initial communication strategy; and
Whereas PIPSC stewards (particularly Consultation Teams and Consultation leaders and Steward networks) will be called upon to take leadership in this initiative and implementation of the PSHMS and it is critical that we are equipped to not only train our stewards on The Standard, but lead by example by implementing The Standard within our own organization;
Be it resolved that all consultation teams be trained on The Standard and the five pillars to the Workplace Mental Health Strategy (Programs, Policies, Benefits, Training, Assessment); and
Be it further resolved that a Working Group be struck from the Board of Directors and the Advisory Council of PIPSC to oversee and make recommendations regarding training, policy development, recommendations regarding the elements required for implementation of the Standard within PIPSC (through EC/MC). REFERRED TO THE BOD (TEC and BLPC)
DISPOSITION: This was not considered as part of the PIPSC education program as it is the requirement of the employer to provide the training.
Whereas electronic mail is the Institute’s main means of communicating with its members;
Whereas the Institute absolutely must rely on engaging a maximum number of members to succeed in its mission;
Whereas an email that simply contains a link to a web page generates little or no interest from members;
Whereas the email messages in their current form work against our goal of attracting and engaging our members;
Be it resolved that moving forward all email messages sent to our members automatically contain the entire message in the email itself and in HTML format, based on a template approved by the Institute’s Communications team; REFERRED TO THE BOD
DISPOSITION: Effective September 4, 2018, all emails sent to PIPSC members will be in HTML format, rather than plain text.
Whereas the Institute is responsible for ensuring that its available money is spent wisely;
Whereas the Institute incurs costs for the attendance of one or more members to external activities;
Whereas any involvement in an external activity must provide added value to the Institute;
Whereas little information comes back to the decision-makers when such activities take place;
Be it resolved that every member of the Institute who attends an external union activity for which costs and/or attendance have been covered by a constituent body submit a written report to the Institute summarizing the activity and, where applicable, make recommendations. CARRIED
DISPOSITION: The Institute has been receiving reports from active members. The Training & Education Committee is currently developing a reporting template for Lunch & Learns and feels that the above could also be easily developed.
Whereas the national 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. This would assist CBs in better manage their affairs. CARRIED
DISPOSITION: Ongoing / Complete
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.
REFERRED TO THE BOD
DISPOSITION: The Board of Directors endorse the recommendation of non-concurrence from the Resolutions Sub-Committee.
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. REFERRED TO THE BOD
DISPOSITION: This is a recommendation for Regional Directors and does not require a policy change. This is already being done but being looked into further by A/VP O’Reilly, as part of his mandate.
Whereas the Institute’s By-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. REFERRED TO THE BOD
DISPOSITION: An invitation for an internal bilingual AGM Co-Chair has already been secured (Richard East).
Whereas Institute By-Laws allows members' participation based on residence or place of work, refer to
11.1.2 A Member may choose to be active in the regional structures where he resides, works or last worked. No member shall have rights in more than one (1) region. AGM 2015
Whereas the NCR Region is defined by Institute By-Laws as:
4.2.1 National Capital Region - shall generally coincide with the official map published by the National Capital Commission and deemed to include the area encompassing Atomic Energy Canada Limited at Chalk River as well as Petawawa. AGM 2006
Whereas AECL no longer employs PIPSC members of the Chalk River Professional Employees Group (CRPEG), the employer is now called Canadian Nuclear Laboratories (CNL) since 2014;
Whereas workplaces can be easily determined by their civic address in the cities of Ottawa, Gatineau, Petawawa and Chalk River, many members reside in the suburbia outside these cities. The growth of residential areas (cities and their suburbs within commuting distance) is reflected in Statistics Canada's census since 2002 but is not reflected in the act that permit land acquisition by the National Capital Commission. Such that residents of Rockland and Embrun (among others) are now included in the Ottawa-Gatineau Census Metropolitan Area (CMA) and they are within commuting distance of government offices in downtown Ottawa and Gatineau. Residents in these urban areas are generally not deemed to be in PIPSC's Ontario Region. Note that Residents of Kingston and Cornwall areas are not included in Statistics Canada' Ottawa-Gatineau CMA but are generally deemed to be in PIPSC's Ontario region as defined by Institute By-Laws 4.2.4.
Be it resolved that PIPSC research and clearly define the boundaries of the NCR to ensure the inclusion of all NCR members in Ottawa, Gatineau, Petawawa, Chalk River and surrounding areas as currently defined by the PIPSC Bylaws,the NCC definition and the Statistics Canada Census Metropolitan Area and report back to the 2018 PIPSC AGM with proposed amendments to PIPSC bylaw and/or policy amendments.
Be it further resolved that PIPSC studies the issue of regional affiliation, costs, applicability and purpose of By-Laws 4.5; to review and report back to the 2018 PIPSC AGM with corrections and revisions to PIPSC By-Laws, interpretation and Regulations related to regional affiliation with the aim of achieving one region per member that does not affect the By-Laws, regulation or practices of other constituent bodies or organization. REFERRED TO THE BOD
DISPOSITION: The work on clearly defining the boundaries of the NCR is ongoing with the assistance and participation of the Manager of Membership.
Whereas PIPSC identifies gender in various by-laws, regulations and policies by including a “Context and Gender” section which generally states, “…expression in the masculine or feminine gender, in plural or in singular, may be substituted to give the effect to the true meaning of the…”; and
Whereas other federal unions such as the Public Service Alliance of Canada and the Canadian Association of Professional Employees have adopted gender balanced language in their constitutions, by-laws, regulations and policies in French and English;
Be it resolved that PIPSC amend the PIPSC By-Laws and Regulations and all existing Policies to reflect gender balanced language;
Be it further resolved that all PIPSC Constituent bodies update their by-laws, regulations and policies to reflect gender balanced language within two years of their next AGM for member approval; and
Be it further resolved that PIPSC no longer allows a “Context and Gender” section in any future documents. REFERRED TO THE BOD
DISPOSITION: Amended BLs and Regulations are being presented to the 2018 AGM for approval.
Whereas the AGM is an important decision-making body of the Institute;
Whereas it is important to maintain the current length and frequency of the AGMs to both limit costs and stay in touch with the realities faced by the Institute;
Whereas Constituent Bodies include many people;
Whereas Constituent Bodies are an important part of the Institute’s structure;
Whereas AGMs are attended by a few hundred delegates; and
Whereas there is a process related to the approval of resolutions at AGMs;
Be it resolved that the resolutions submitted by individuals at AGMs be presented in the order they are received by the Resolutions Sub-Committee, just before the Late Resolutions. REFERRED TO THE BOD
DISPOSITION: The ordering of resolutions is a continuing discussion with the Resolutions Sub-Committee and the AGM organizing group.
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; therefore
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, with the addition of a non-binary gender option; and
Be it further resolved that techniques to protect the confidentiality of small populations of persons be appropriately applied.
REFERRED TO THE BOD
DISPOSITION: The first steps on this will be taken by surveying the delegates to the 2018 AGM. Following an evaluation of this effort, steps will be taken to expand the survey to all Stewards and members of constituent body executives. Appropriate measures are being taken to safeguard the data from inappropriate disclosure and misuse.
Whereas PIPSC volunteers on committees and executives attempt to balance union activity, work, and family life, and
Whereas some members work in a continuous operation and once leave has been granted for union business in order to attend a meeting for which salary replacement is required, those shifts are taken by other members, and
Whereas when a union meeting is cancelled on short notice, the committee or executive member could face financial loss as their initial shifts may not be available or could only be recovered by cancelling the members that have picked up those shifts, and
Whereas it is difficult to cancel another member’s shift and still maintain good relations with those members as they too may suffer financial loss should they have to give the shifts up on short notice;
Be it resolved that the Policy on Balancing Union Activity and Family Life be amended to ensure that:
- Committee and executive meetings are tentatively scheduled for the entire year, at the first meeting of the year;
- The coordinator of the meeting will provide a minimum of two (2) weeks’ notice of cancellation of any meeting for which salary replacement may be required, either by e-mail or telephone;
- Committee or executive members will contact the coordinator of the meeting in a timely manner to acknowledge that they are aware of the cancellation of the particular meeting;
If a committee or executive meeting is cancelled with insufficient notice for a member to pick up the shifts previously given up, that member is entitled to salary replacement for any shifts they were unable to recover. REFERRED TO THE BOD
DISPOSITION: The Board of Directors endorse the recommendation of non-concurrence from the Resolutions Sub-Committee.
Whereas union-management consultation is a forum to raise issues, share information, advice and concerns about programs, policies and procedures, with a view to resolving problems and concerns; and
Whereas consultation is a constructive exercise to promote understanding and problem solving between the Institute and the employer, at a level appropriate to resolve the issues in an atmosphere of mutual respect and trust; and
Whereas a Consultation President plays a critical senior role in supporting the membership in a Department or Agency nationally; and
Whereas occasionally no Steward from a department or agency volunteers for the position of Consultation President;
Therefore be it resolved that when no Steward candidate for the position of Consultation President is available from a department or agency that PIPSC shall send out a call of interest to all Stewards. Accordingly section 12 of the Policy on Union-Management Relations: Consultation and Co-development be amended:
- A request for interested parties will be sent to all Stewards in a Department or Agency. It will contain a description of expected duties and time commitment as well as expected travel and potential to be away from the job the member was doing.
(New) If no Steward responds then a similar request with necessary modifications such as timelines, will be sent to the Stewards in all other Departments or Agencies. REFERRED TO THE BOD
DISPOSITION: The Board of Directors endorse the recommendation of non-concurrence from the Resolutions Sub-Committee.
Whereas the Institute recognizes that disputes between members and matters which could require corrective measures, including discipline, may arise from time to time. This policy shall apply to:
1. The resolution of disputes between members; and
2. The imposition of corrective measures, including discipline where necessary
Whereas the Dispute Resolution and Discipline Policy and PART B – Member Conduct Roster state that:
Any Regular or Retired member is eligible to form part of the Roster, so long as they do not concurrently hold office as a member of the Board of Directors, or a President or Vice-President of a constituent body.
Therefore be it resolved that the intent of avoiding any conflict of interest be strengthened in the DRDP, Part B – Member Conduct Roster; by replacing
President or Vice-President with on the Executive;
Therefore be it further resolved that the Steward Policy, section 12. Steward Appeal Roster, be similarly amended as follows:
Does not hold a position on the Board of Directors or
office as President or Vice-President of a constituent body on the executive of a constituent body. REFERRED TO THE BOD
Whereas the Dispute Resolution and Discipline Policy and PART D – Member Conduct Roster state that:
In all other cases, the General Counsel shall determine, in consultation with the President:
a) the most appropriate course of action given all the circumstances; and
b) the composition of the designated Panel of Peers, where required.
Whereas the avoidance of all possible political interference in such matters is critical to the membership of Institute;
Be it resolved that in consultation with the President be removed and that determine, be replaced with determine:
In all other cases, the General Counsel shall determine:
a) the most appropriate course of action given all the circumstances; and
b) the composition of the designated Panel of Peers, where required REFERRED TO THE BOD
Whereas certain Board members are currently active PIPSC Stewards representing members, including representing fellow Board members until the DRD Policy was changed in 2017; and
Whereas PIPSC members have a right to representation and to choose a representative that includes a choice to self-represent; and
Whereas a PIPSC Director of the Board must comply with the PIPSC Conflict of Interest Policy and the Duty of Loyalty to PIPSC under the CNFPC Act; and
Whereas the DRDP, Part D – Allegations of Misconduct was recently amended by the majority of the Board of Directors to include the following:
“Members of the Board of Directors shall not act as representatives of any Institute member in relation to any matter at any stage of the process.”
Whereas a standing member of Board has not represented a PIPSC member who has taken action against PIPSC under the DRD policy; and
Whereas this amendment is discriminatory, does not address an issue and problematic in that it discriminates against the active Stewards on the Board of Directors, a Board member cannot self represent under the current policy and prevents highly skilled and experienced senior Stewards on the Board from assisting the membership;
Therefore be it resolved that the DRDP be amended as follows:
Members of the Board of Directors shall not act as representatives of any Institute member in relation to any matter at any stage of the process; REFERRED TO THE BOD
Whereas a Whistleblowing Policy is a best practice for any non for profit organization; and
Whereas PIPSC is such an organization and yet does not have such a Policy; and
Be it resolved that PIPSC shall review the following suggested Whistle Blowing Policy and shall adopt this or a variation of this as a Policy before the 2018 AGM:
Whistle Blowing Policy Suggestion
PIPSC is committed to the highest ethical standards and does this by conducting its business with maximum integrity and by achieving full compliance with all applicable legislation, bylaws, rules and regulations. In line with this commitment, PIPSC provides a mechanism for PIPSC elected officials, members, staff, volunteers and other stakeholders to raise any concerns they may have about the subjects covered by this policy and to be assured that in making complaints they will be protected from reprisal or victimization for raising their concerns in good faith.
This policy covers instances where an employee, member or other stakeholder has evidence of activity ( an “Incident”) by any PIPSC elected official, officer, member, staff, volunteer or consultant (including external auditors) that to his/her knowledge constitutes:
- Accounting, auditing, or other financial reporting fraud or misrepresentation;
- Violations of federal or provincial laws that could result in fines or civil damages payable by PIPSC, or that could otherwise significantly harm PIPSC’s reputation or public image;
- Unethical business conduct in violation of any PIPSC corporate policy and bylaws;
- Danger to the health, safety, or wellbeing of PIPSC elected officials, staff, members, volunteers and/or the general public (including any real or perceived threat of workplace violence or harassment).
Complaints that are not made in good faith will be viewed as a serious offence and may be subject to discipline (DRD Policy) up to and including dismissal in the case of staff, and/or the severing of the relationship with volunteers, suppliers, or other stakeholders.
PIPSC will not permit any PIPSC official, member, staff or volunteers to harass, retaliate or discriminate against those other PIPSC officials, staff, members, volunteers and stakeholders (the Complainant) who, in good faith, report an Incident. Retaliation in any form will not be tolerated and should be reported using the channels detailed below.
Any violation of this Policy may subject the violator to disciplinary action (DRD Policy), which may include, in appropriate circumstances, termination of employment or legal action.
Encourage members, staff and others to raise serious concerns within PIPSC.
A Complainant may submit their confidential complaint in writing to the Office of PIPSC General Legal Counsel by completing the Incident form. A completed Incident form(s) should be sent to the above office by e-mail or by regular mail.
A Complainant may remain anonymous. However, in order to allow for a better investigation of a complaint, the complainant should consider identifying him/herself by giving their name, their telephone number and other contact information.
Even if such contact information is not provided, the substance of the complaint will be treated as confidential and not discussed with others except to the minimum extent necessary to conduct a complete and fair investigation.
In all cases, the person who is alleged to have committed the infraction will be made aware of the complaint at an appropriate point during the investigation.
Providing details on the subject matter of the complaint, whether the Complainant chooses to identify him/herself or not, the Complainant should give as much information as possible on the subject matter of the complaint so that the information is sufficient to enable a full investigation. Such information should include details as to where and when the incident(s) occurred, the names and titles of the individual(s) involved and as much other relevant detail as the reporting individual can provide.
Upon receiving notice in writing of an Incident, the action taken will depend on the nature of the Incident.
Complaints will be handled in the following way:
Internal investigation by the Office of PIPSC General Legal counsel shall normally be accountable for investigating and resolving most types of complaints made under this Policy. In certain circumstances, this Office may refer the matter to, or seek the assistance of, a third party neutral, employees or others depending upon the nature of the Incident. Under no circumstances will a matter be referred to a PIPSC elected official, member, staff or other who is the subject of any Incident or is otherwise an inappropriate person (conflict of interest) to assist with the investigation.
1) By the Office of PIPSC General Counsel
If any Incident involves:
(i) questionable accounting or other matters which, if true, has, or even could have the potential to have, a material effect on PIPSC’s financial position or its future prospects; or
(ii) an alleged impropriety involving an elected Official, Officer, member or staff of PIPSC
The Office of PIPSC General Counsel will analyze the Incident and commence an investigation and may enlist the assistance of one or more employees and outside legal, accounting or other advisors, as may be appropriate to conduct the investigation.
2) By the Board of Directors
In the event that the complaint concerns the Office of the General Legal Counsel, it shall be investigated by the Board of Directors following the same procedures as in 1).
The results of the Investigation shall be directed to the appropriate entity, similar to the DRD Policy, when action is required with the applicable appeal rights.
Reports to the PIPSC Board of Directors
The Office of PIPSC General Legal Counsel will advise the Board of Directors of all complaints received (and the summary results of investigations) on a quarterly basis. PIPSC shall retain any Incident reports and resulting investigations for a period of not less than seven (7) years, or in an acceptable manner at the discretion of the Board of Directors. Such preservation obligation shall include the making of written summaries of any oral complaints or incident. REFERRED TO THE BOD
Whereas the Policy on Committees of the Board of Directors assigns the role and responsibilities to Committee Chairs to ensure that their Committee fulfils its mandate as set out in the Institute By-Laws, other governance documents, and/or as determined by the Board; and
Whereas a Committee Chair should be allowed the autonomy to manage the Committee for the effective and efficient functioning of the Committee;
Therefore be it resolved that the Policy on Committees of the Board of Directors be amended as follows:
11. Additional Roles and Responsibilities of Committee Chairs:
- The Chair will determine if and when the PIPSC staff resource(s) assigned to the Committee actually attend(s) a Committee meeting and is responsible for communicating this to the resource(s) in a timely fashion.
REFERRED TO THE BOARD
Whereas Stewards are official representatives of the Institute and as such, they are the vital link between the union and the membership; and
Whereas By-Law 22.214.171.124 (Sub-Group, Branch and Regional Executives) may recommend Steward appointments to the appropriate Group Executive which, in turn, may recommend the appointment to the President and By-Law 126.96.36.199 A (Group Executive) may recommend Steward appointments to the President; and
Whereas the Steward Policy (Steward Appeal Roster) states that:
“Decisions made under the authority of the President to not approve a steward’s application or renewal request shall be communicated in writing to the applicant and will be referred to a Stewardship Appeal Roster”.
Whereas the Steward Policy does not include a steward election or indicate the time period for the communication of the President’s decision or that details leading to the decision be communicated;
Therefore be it resolved that the affected Steward, Group executive, Consultation president, Regional Chair and in the case of an elected steward, the electorate in the area of jurisdiction and the Stewardship Appeal Roster all be informed in writing within 10 working days of the President’s decision. The steward shall be provided with the details related to the decision.
Be it further resolved that Section 12 (Steward Appeal Roster) be amended as follows:
Decisions made under the authority of the President to not approve a steward’s
application appointment or renewal request shall be communicated in writing, including the details related to the decision, within 10 working days from the time the official decision was made, to the applicant, Group executive, Consultation President, Regional Chair and in the case of an elected steward, the electorate in the area of jurisdiction and will be referred to a Stewardship Appeal Roster which shall consist of a maximum of twelve (12) members selected from amongst Regular and Retired members and appointed for a term of three (3) years.
REFERRED TO THE BOD
Whereas PIPSC has spent a significant amount of time and money over the years to have governance reports/reviews produced by outside consultants and contractors;
Whereas the recommendations provided should necessarily inform any governance decisions.
Be it resolved that the complete governance reports/reviews produced by recent consultants and contractors be released to members.
REFERRED TO THE BOD