MINUTES OF THE 99th ANNUAL GENERAL MEETING

NOVEMBER 2-3, 2018

HILTON LAC LEAMY, GATINEAU, QC

Co-Chairs, Marilyn Best and Richard East called the 99th Annual General Meeting to order at 8:30 a.m. and welcomed all delegates and observers. They introduced the head table, namely Debi Daviau (President), Scott McConaghy (Parliamentarian) and Julie Gagnon (AGM Coordinator and Recording Secretary).

Friday, November 2, 2018

Several housekeeping announcements were made.

1. Observance of Moment of Silence

The meeting started with a minute of silence for members who passed away in 2018.

2. Approval of Agenda

Moved and seconded that the agenda be approved as amended.

Moved and seconded that the presentation on Professional Canada (PC) be removed from the agenda in order to save time.

Some were of the opinion that having this presentation as part of the agenda did not follow the rules of procedure and was unfair for other resolutions not benefitting from the same process. Holding the vote right after the presentation also did not follow the rules. The vote on resolution F-4 should come after resolutions F-1, F-2 and F-3.

President Daviau stated that resolution F-4 was an important resolution supported by the Board of Directors and given the important decision to be taken the AGM, it warranted a proper presentation. Delegates need to have all the information and facts in order to make a sound and evidence-based decision.

It was suggested that the presentation be given and that the resolution be table to the 2019 AGM, to allow all the facts to be considered before a decision is taken.

Some felt that although the debate on resolution F-4 should not be limited, that much time on the agenda should not be devoted to that one resolution while others are not being allowed that same time.

The motion was defeated.

Some were of the view that since allowing the presentation to be made was making an exception to the rules of procedure, it would require a 2/3 majority vote.

The Co-Chairs felt they had the ability to allow the presentation to be made, given the importance of the issue.

The motion carried. The agenda was approved as presented.

3. Approval of Rules of Procedures

Moved and seconded that the Rules of Procedures for the 2018 PIPSC Annual General Meeting be approved.

Carried

4. Approval of Minutes

Moved and seconded that the minutes of the 98th Annual General Meeting be adopted as presented. Carried

5. Approval of Minutes of the SGM of March 1, 2018

Moved and seconded that the minutes Special General Meeting of March 1, 2018 be adopted as presented.

Concern was raised with the following statement made in the minutes:

“Some were of the view that this was an issue of whistleblowing by the member who was being singled out for exercising his due diligence in pointing out an issue of bankruptcy, which is against BLs.”

Some felt that the issue at hand was not that this was against BLs but against the NFPCA, Article 126 (1) (d) which states:

“The following persons are disqualified for being a director of a corporation:

  1. Anyone who is less than 18 years of age
  2. Anyone who is not capable
  3. A person who is not an individual
  4. A person who has the status of bankrupt

As such, the minutes should be amended to read:

“Some were of the view that this was an issue of whistleblowing by the member who was being singled out for exercising his due diligence in pointing out an issue of bankruptcy, which is against the NFPCA, Article 126 (1) (d).”

Some were of the view that only NCR delegates should be allowed to comment, amend and vote on approving the minutes.

The Chair stated that since the SGM was a meeting of the Institute, the AGM, as its supreme governing body, could approve the minutes of the SGM. The Chair was challenged on this ruling based on the notion that members of the NCR were the only members allowed to attend and vote at the SGM therefore it should be the same in this case.

It was noted that a general meeting of the organization is the appropriate place to approve minutes of the last general meeting which in this case was the SGM. It is not a requirement of Standard Code of Parliamentary Procedures (SCOPP) to limit the vote to NCR delegates only. It was further noted that some delegates at this AGM were not at the 2017 AGM and still approved the minutes of that AGM. As such, the same practice should be followed.

It was pointed out that the 2018 AGM would only be approving the minutes and would not be changing the decision made by the SGM. Delegates have the option of abstaining from the vote if they were not SGM delegates and if they feel they should not be part of the approval of those minutes.

The AGM sustained the Chair’s decision. The 2018 AGM delegates were allowed to vote on the approval of the minutes of the March 1st, 2018 SGM.

Director Taticek pointed out some of what he felt were errors in the minutes:

  • 13.3.4 (Quorum) and 13.2.6 (AGM Delegates) were violated – not 13.3.5 (SGM Delegates)
  • A point of order was raised pertaining to BL 13.1.4.3.1 (Resolutions) in reference to the following paragraph, which should be amended as follows:

“It was pointed out that as per Institute BLs, the resolution should have been received by the Office of the Executive Secretary twelve weeks prior to the SGM and was submitted only six weeks prior, therefore the resolution was out of order.”

  • Two points of personal privilege were not reflected in the minutes. Decisions of the Chair on those points of personal privilege should be reflected.

It was stated that it is not common practice for procedural motions to be recorded in the minutes of meetings, as per SCOPP. The importance is to record the business that took place at the meeting.

Some felt that the approval of the SGM minutes should be tabled to the 2019 AGM so that verification of the recordings could be made and appropriate corrections made, if any.

Moved and seconded that the approval of the March 1, 2018 SGM minutes be tabled to 2019 AGM.

It was suggested that the approval of the minutes should be deferred to Saturday, November 2nd – not to next year.

The motion to table was defeated.

The motion was amended as follows:

Moved and seconded the minutes be amended as follows:

“Some were of the view that this was an issue of whistleblowing by the member who was being singled out for exercising his due diligence in pointing out an issue of bankruptcy, which is against the NFPCA, Article 126 (1) (d).”

The amendment carried.

Moved and seconded that the minutes be further amended as follows:

Change the reference to 13.3.5 (SGM Delegates) to 13.3.4 (Quorum)

“It was pointed out that as per Institute BL 13.1.4.3.1 (Resolutions), the resolution should have been received by the Office of the Executive Secretary twelve weeks prior to the SGM and was submitted only six weeks prior.”

The amendment carried.

The motion, as amended, carried.  The SGM minutes were approved as amended. Action: J. Gagnon

6. Guest Speaker

The theme of the 99th AGM was “Crossroads,” alluding to the choice that lies before PIPSC and the labour movement. Steven Kreisberg spoke about his experience with AFSCME in the United States as they fought and ensured the sustainability of their public service union in the face of the elimination of their dues model. The experience of Mr. Kreisberg and AFSCME was more relevant than ever to PIPSC members. 

7. Matters Arising from the Minutes

There were no matters arising from the 2017 AGM minutes.

8. Disposition of the 2017 AGM Resolutions

Clarification was sought on resolution F-5 (Dues Fairness for Precariously Employed Members) and whether or not this applied the 2017 tax year and if members were notified of that option.

The Chair of the Finance Committee clarified that for part-time members, their dues would be pro-rated based on their part-time hours. If requests would have been received last year, they would have been applied this year however no requests were made.

The mover of the 2017 AGM resolution stated that members were not eligible in 2017 but only in 2018. This will need to be well communicated to members and followed-up on in a timely manner. This should not exclude full-time workers therefore the RSC comment should be amended accordingly. Action: J. Gagnon

The Chair Finance Committee committed to address any issues regarding the 2017 tax year T-4s.

Clarification was sought on whether any action had been taken to date on resolution F-7 (Task Force to Review Existing Women’s Committees in Other Unions). President Daviau stated that the Institute remains committed to create a plan to address women issues. The “Women in Science (WiS)” initiative has and continues to lead the way for other gender equality issues. A task force led by the President and comprised of members from all Regions, met to discuss how to address barriers, including steps to be taken at this year’s AGM. Work on this front is ongoing.

The report on the disposition of the 2017 AGM resolutions was received by the 2018 AGM.

9. President’s Opening Address and Executive Report

President Daviau addressed the delegates, recapping the past year’s accomplishments and touching on the AGM theme “Crossroads.” A video of the 2018 year in review including PIPSC’s commitment to research and build strong relationships with PIPSC partners, is available on the Web site.

The floor was opened to questions from the assembly.

Q -– Is there a deadline to get to a resolution of Phoenix issues?

A – There are ongoing settlement discussions, albeit slow. It is difficult for the Treasury Board to come to a mandate on those settlement discussions as they are unaware of the bottom line. The Institute will continue to put pressure on all fronts. The right approach is to continue working together in order to get the best outcome possible.

The Institute General Counsel stated that although there is no exact date in terms of when negotiations will end, discussions are frequent and ongoing. There is increased pressure on both sides and things are progressing.

Q – Were the PSLRA changes legislated by the Harper Government repealed?

A – This issue is at the Senate at this time and PIPSC and other unions were invited to testify. The CLC also raised this as their main priority. The expectation is that it will be repealed by the end of this House session.

10. Professionals Canada

President Daviau introduced the Board motion to create Professionals Canada (PC):

Therefore be it resolved that the Professional Institute of the Public Service of Canada carry on its 100-year tradition of protecting and enhancing the rights of professional workers through the establishment of Professionals Canada.

Eddie Gillis, Chief Operating Officer & Executive Secretary, presented the business plan for PC.

He reminded the delegates that the Institute’s purpose as a union has been summed up in 10 words: Building community to act collectively to improve our members’ lives. Building community is what PC would aim to do - building a community of professionals who are currently un-unionizable in the traditional sense, because of the barriers that legislators and employers have set up. The result of the changes in the labour market is greater precarity, greater insecurity, the lack of benefits, the undermining of labour rights and a race to the bottom. That is why the Board of Directors decided to look at expanding PIPSC services to include those who are currently un-unionizable and to figure out ways of expanding PIPSC’s horizons.

This new community would include both the employees of small and medium sized enterprises as well as workers who are self-employed, who lack health benefits and income security, who move from employment to employment, have nowhere to turn for professional advice and have no collective voice. Currently these workers number in the hundreds of thousands and are growing.

Professionals Canada would be a labour organization, set up as a separate entity from PIPSC. It would be a community for non-unionized professionals, a place to connect and share resources. It would be a community where professionals pool their resources and address their common challenges such as the lack of benefits, the lack of advice and the lack of a voice to advocate on their behalf to employers and governments.

PC would be a separate entity from PIPSC and as such, its members would not be involved in the affairs of the Institute. The organization would be governed by a board of directors made up of representatives from the Institute Board, as well as expert advisors from sectors most aligned with the work of non-union professionals in the private sector. The Institute would have a new member base in a rapidly growing sector and its influence would be enhanced.

If approved by the AGM, PC would be launched in February 2020, at the PIPSC 100thanniversary.

F-4 Professionals Canada – Sponsor: Board of Directors

Moved and seconded that (Steve and Debi)

Whereas PIPSC must protect itself from incessant attacks from right wing governments including any attack on the Rand Formula; and

Whereas a growing number of professionals in non-unionized private sector positions are facing precarious and harsh working conditions; and

Whereas PIPSC must continue to use every available means to combat the misuse of contracting out which has severely impacted our CS members and is increasingly threatening all professionals represented by the Institute; and

Whereas reaching out to non-unionized private sector professionals will benefit PIPSC by creating a new potential member base and by making us the leading voice for professionals in Canada; and

Whereas building communities of professionals to act collectively to improve our members’ lives is our highest purpose as a union that believes we are “better together”;

Be it resolved that the Professional Institute of the Public Service of Canada carry on its 100-year tradition of protecting and enhancing the rights of professional workers through the establishment of Professionals Canada, while reaffirming its commitment to combating the abuse of contracting out.

Resolutions Sub-Committee Comments: See supporting documentation – Business Plan and Budget (available on Institute portal).

A point of order was raised, stating that F-4 was a financial resolution that should be dealt with during the budgetary resolutions therefore, it should be tabled until the discussion on the budget. The Chair noted that since the agenda was approved in the order presented, the debate was allowed to take place.

Some were of the view that as presented, it would assume that PC members would not be involved and will not have any control over their own organization – something that PIPSC would not accept for its own members. The proposal is flawed and goes against the fundamentals of union democracy.

The Institute should not be creating another entity but perhaps consider another category of membership within PIPSC. The mandate and purpose of PIPSC should be focused on its own members, some of whom work part-time and don’t get benefits while the new members of PC would receive better benefits. This would be difficult to explain and/or to justify to members and could be seen as a division of power. It may also lead CS members and/or other members competing for their own jobs.

Concern was raised with using members’ dues to create this new organization. The organization is not healthy enough at this time for such a big entrepreneurship. This could be fractioning PIPSC with no assurances to its members, who continue to need services.

Some viewed PC as an organization that would be helping professionals and precarious workers, which is aligned with the vision of PIPSC. This would be an evolutionary work in progress, giving the Institute a strong leading voice and making it forward looking. Members should have an open mind on wanting to help other professionals who are in more vulnerable situations.

This initiative would be a creative and innovative way to grow the union and to put a different light on the notion of “independent workers”. It is important for PIPSC to use its influence and “power” to help others. As a union, PIPSC should ensure that all workers benefit from pensions, health care, better working conditions and other benefits. Although the concerns raised by the AGM are real, the project should be tried. Change is everywhere and brings challenges to innovate in order to strive.

Although there was agreement that rights of workers should be protected, some felt that the creation of PC was not the way to go given the risk assessment on money, the risk to CS members and contracting out and the possibility of PC becoming a competing entity.

Moved and seconded that resolution F-4 be tabled until all the other financial resolutions (except F-3) have been discussed and dealt with.  Carried

11. Proposed By-Law Amendments

11.1 B-1  BY-LAW 18 - OFFICERS OF THE INSTITUTE – Sponsor: Board of Directors

Moved and seconded that,

18.2.2 Meetings The Executive Committee (EC) shall normally meet at least twice a month once per month.

Resolutions Sub-Committee Comment:  Potential annual saving of $35K

Some felt that the proposed change was still left to interpretation since the words “shall normally” remained in the BL. In order to change the current practice, those words would need to be removed.

The motion was amended as follows:

18.2.2 Meetings The Executive Committee shall normally meet at least twice a month once per month.

The Chair stated that the amendment would be changing the meaning or intent of the original motion and would require changes to other BLs as this would be limiting the number of meetings to once per month. The amendment was ruled out of order.

The Chair was challenged on her ruling. The AGM sustained the decision of the Chair.

On the original motion,

Having the word “normally” allows for some latitude and flexibility for EC to meet more or less often, as required. This is simply enshrining the current practice followed for the past couple of years and would also result in cost savings.

The question was called.

The motion carried.

11.2 B-2 BY-LAW 17 - COMMITTEES OF THE BOARD – Sponsor: Board of Directors

Moved and seconded that,

Be it resolved that new By-Law 17.5.3 be approved as follows:

17.5.3 (NEW) Executive Compensation Committee (ECC) members shall serve a three-year term of office commencing after each election of Officers and Directors of the Institute as per By-Law 22.1. The members of the committee shall be appointed by the Board no later than the third Board meeting following the election.

Resolutions Sub-Committee Comment:  No comment

The mover of the motion stated that this was reflective of the evolution of the ECC and was in line with the three-year election cycle. It would ensure corporate knowledge, given the significant learning curve for ECC members.

Some raised concern with the conflict of interest of Board approving the ECC membership and EC members being part of that process.

The motion carried.

11.3 B-3 Gender Neutral Institute By-Laws – Sponsor:  Board of Directors

Moved and seconded that,

Be it resolved that the 2018 AGM approve the gender neutral version of the Institute By-Laws, as presented.

Resolutions Sub-Committee Comment:  No comment

It was pointed out that the Institute BLs were amended with gender neutral language, as per the 2017 AGM resolution referred to the Board of Directors. The gender neutral language used was based on extensive research done by the translation staff. The proposed changes have no impact on the intent of the BLs.

The question was called.

The motion carried.

12. Institute Awards

President Daviau presented awards to five deserving Institute members for their exemplary and inspiring leadership, and thanked the members of the Award Selection Panel, namely Chair Bert Crossman, Ralph Herman, and Nita Saville, for reviewing the nominations and for recommending these laureates.

The Institute Service Award recognizes outstanding service over a significant period of time, above and beyond that which might be expected of any devoted member who has served on many constituent body executives. This year’s recipients were Doug Mason (AFS), Ginette Tardif (SH) and Robert Tellier (CS).

The Life Membership Award recognizes outstanding service of enduring value to the Institute by a regular or retired member of the Institute who has demonstrated leadership for at least ten years. This year’s recipients were Luc Carrière (Retired CS) and Brian Hassall (AFS).

13. Proposed By-Law Amendments (Cont’d)

13.1 B-4 BY-LAW 17 - COMMITTEES OF THE BOARD – Sponsor: Ontario Regional Council

Moved and seconded that,

Whereas PIPSC has a standing By-Laws and Policies Committee; and

Whereas it is more cost effective to use the By-Laws and Policies Committee versus external legal; and

Whereas the By-Laws and Policies Committee are trained in matters of interpretation;

Be it resolved that where assistance is required in matters of interpretation of PIPSC bylaws and policies, the matters be referred first to the By-Laws and Policies Committee; and

Be it further resolved that new By-Law 17.2.2.1 be enacted as follows:

17.2.2.1 Interpretation of Institute By-laws, Regulations and Policies (NEW) - When the Board of Directors requires assistance in interpreting Institute By-laws, Regulations and Policies, the matters shall be referred first to the By-Laws and Policies Committee.

Resolutions Sub-Committee Comment:  The proposed resolution limits the Board's authority to interpret by-laws as set out in By-Law 15.2.2. To discharge its obligation to reach reasonable decisions, the flexibility to use whatever resources available to reach an interpretation is necessary for the Board. This is comprised of a variety of expertise and levels of experience and includes the BLPC as an important resource.

The mover of the resolution was of the view that members of the BLPC are subject matter experts and have legal expertise at their disposal therefore issues should be provided to them before being addressed by the Board. This would not take away the Board’s decision-making authority.

Some felt that this proposed change would tie the Board’s hand in moving issues forward as the BLPC only meets five or six times per year which could cause delays in dealing with matters. The Board is elected by the membership and is able to determine the appropriate body to address certain situations.

Special meeting or teleconference of the BLPC could be called, if and when required.

The motion was defeated.

13.2 B-5 BY-LAW 20 - VICE-PRESIDENTS - Sponsor: Ontario Regional Council

Moved and seconded that,

Whereas the positions of Vice President were created at a PIPSC AGM; and

Whereas the duties were not defined; and

Whereas over the years, the assignment of work to the Vice Presidents has been a source of conflict; and

Whereas the membership at the 2017 PIPSC AGM reaffirmed support for the concept of 4 Vice Presidents; and

Be it resolved that the following new By-Law be adopted:

20.2.2 Portfolios (NEW) - The President shall assign to each Vice-President one of the following portfolios annually:

           1. Finance

           2. Negotiations

           3. Consultation

           4. Canada Labour Congress and Recruitment

Resolutions Sub-Committee Comment:  The Board recently adopted position descriptions and service agreements for the President and Vice-Presidents. These documents clarify the authority of the President in relation to the Vice-Presidents and their status as employees not just elected representatives. The resolution fetters the newly-clarified authority of the President to assign duties to any Board member based on identified strategic objectives and organizational needs.

The mover spoke to this resolution, stating that VP positions were put in place to assist the President, as per BLs however in the past years, some VPs have not been assigned any work. This proposed change would resolve that issue.

It was pointed out that a number of reforms and enhancements were made on VPs work descriptions and that work was done based on an evidence-based approach. This motion does not define the roles. It would only add to the conflict and would also create redundancy. Furthermore, the AGM should not be making “HR” decisions in this manner.

This would be micromanaging the Office of the President. The President can appoint the most appropriate people for the various portfolios. The resolution as presented is incomplete and not representative of the full order of business of the Board.

The mover clarified that these portfolios would be assigned to VPs over and above the other work assigned by the President, ensuring that meaningful work is being assigned to senior elected officials.

The question was called.

The motion was defeated.

13.3 B-6 BY-LAW 13 GENERAL MEETINGS OF THE INSTITUTE – Sponsor: AFS Group Executive

Whereas the PIPSC AGM is defined as the supreme governing body of the institute; and

Whereas individuals or constituent bodies that submit policy resolutions on time have an expectation their item will be dealt with. Unfortunately, the last several years have shown us that many of these resolutions die on the order paper or get referred for consideration,

Be it resolved that the following change be incorporated into the PIPSC By-Laws:

13.1.4.3.3 (NEW) At the conclusion of the PIPSC Annual General Meeting, any policy resolutions that were received on time but not dealt with at that meeting, be referred to a special meeting comprised of the membership of the Advisory Council and the Board of Directors, for decision.

Policy resolutions referred will be deemed to have been moved and seconded. Movers of the original motion will not be invited but may select a member of the Advisory Council or Board of Directors to speak on behalf of their motion.

Resolutions Sub-Committee Comment:  The authority to govern between Annual General Meetings rests with the Institute's Board of Directors. The passage of this resolution would require amendments to other By-Laws (10.4.2 & 15.2.1), none of which have been submitted prior to the deadline. This resolution should be ruled out of order, as per similar past decisions.

This motion was ruled out of order.

13.4 B-7 BY-LAW 7 - RIGHTS OF MEMBERSHIP / BY-LAW 22 - ELECTION OF OFFICERS AND DIRECTORS OF THE INSTITUTE - Sponsor: AFS Group Executive

Moved and seconded that,

Whereas PIPSC is a union and its main function is to defend the employees it represents;

Whereas unions are democratic organizations created by and for workers;

Whereas members of the Board of Directors of a union must know the work environment of their members;

Be it resolved that the following by law changes be adopted:

7.1 Regular and Retired Members Only Regular and Retired members have the right to be candidates for office, to vote for officers, to otherwise participate in the affairs of the Institute, and, subject to By-Law 7.1.1, the affairs of the constituent bodies of the Institute. Only Regular and Retired members shall be eligible to attend General Meetings of the Institute. Only Regular members shall be eligible for appointment as Stewards or to be candidates for positions on the Board of Directors.

22.2.3 Retired members are not allowed to begin a new term but they may complete their current term.

Resolutions Sub-Committee Comment:  The effect of this resolution is to restrict rights of Retired members, one of the three (3) specified classes of members outlined in PIPSC’ articles of continuance. Pursuant to section 197 (1) of the CNCA, this is a Special Resolution which would require a majority vote of not less than 2/3 of the votes cast by each class which would require separate votes by each of the regular and retired members classes entitled to vote at the AGM.

The Chair clarified that if this resolution passed, the newly elected Board members would not be able to take office on January 1, 2019. The Chair informed the assembly that this was a special resolution requiring a 2/3 majority vote by each of the regular members and retired members present in the room who vote. The voting devices were programmed accordingly. The Chair also explained that there would be a vote of the retired members first and that if the vote failed, the motion would be deemed as defeated.

In speaking against the motion, some were of the view that retired members still retained the experience they had when they were active in the workplace. This resolution is based on the false notion that retired members can no longer contribute and are out of touch with workplace issues. The most experienced people should be elected to be on the Board of Directors and this resolution would remove the freedom of choice from the electorate.  

Some were of the view that retired members need to step aside and give the chance to the new generation – not retire and come back to sit on executives (similar to contractors).

The question was called.

There were 404 voting delegates (as of 2:57 p.m.), 32 of which were retired members. It was reiterated that each class of member would be voting separately, the result of which would have to be 2/3 of the number of members who vote.

The retired members vote resulted in 30 of 32 against.

The regular members vote resulted in 179 of 372 in favour.

The motion was defeated.

13.5 B-8 BY-LAW 13 - GENERAL MEETINGS OF THE INSTITUTE – Sponsor: AFS Group Executive

Moved and seconded that,

Whereas many constituent bodies cannot send any delegates to a PIPSC AGM (other than once over a number of years) preventing their participation in PIPSC business; and

Whereas this resolution would allow many more constituent bodies to send a single representative to the PIPSC AGM; and

Whereas Institute By-Law 13.6.2 allows for one (1) delegate for every two hundred (200) members; and

Whereas it is important for democracy for our constituent bodies to have a voice in our union business; and

Whereas Institute By-Law 13.2.4 limits the size of the PIPSC AGM to four hundred (400) members; and

Whereas there are locations that can now accommodate the intended number of delegates in the 1 in 200 members ratio;

Be it resolved that Institute By-Law 13.2.4 be removed from the Institute By-Laws.

13.2.4 Size of Annual General Meeting Should the total number of delegates initially determined under either By-Law 13.6.2 or By-Law 13.6.3 exceed two hundred (200), the reference to two hundred (200) in that By-Law shall be deemed to be a number such that the total number of delegates determined under that By-Law shall equal two hundred (200).

Resolutions Sub-Committee Comment: Based on the December 31, 2017 membership count, an additional 236 delegates would be eligible to attend the AGM, resulting in a total additional cost of $560,500. This would require outsourcing additional hotel space to house delegates as well as additional shuttle service to commute to and from the convention venue.

The intent of the resolution was to ensure the AGM delegation was properly and proportionally represented, given the increase in membership. This would be fairer for all constituent bodies and could allow more participation by younger members at the AGM.

It was noted that the cap was instilled due to logistical or space limitations. There should not be an indefinite limitation. The goal is for the supreme governing body to be fully represented.

The AGM should also be considering the significant increase in cost of this resolution. Consideration should also be given to what is appropriate for smaller Groups. Increasing the delegation number does not solve the issue of having more voices at the AGM. It would simply increase the number of delegates in the room. This motion would not solve proper or equitable representation and it would be premature to move forward without full consideration of all implications.

Some were of the view that there was no price on democracy and that this was worth the investment. This would allow smaller Sub-Groups and Branches to send members to the AGM, making it broader and more diverse.

The Chair felt the debate was balanced and that the vote on the motion could take place. The Chair was challenged on her decision. The assembly sustained the Chair’s decision and proceeded to vote on B-8.

The motion carried.  (187/180)

Saturday, November 3, 2018

13.6 B-9 BY-LAW 13 - GENERAL MEETINGS OF THE INSTITUTE - Sponsor:  Atlantic Regional Executive

Moved and seconded that,

Whereas the Annual General Meeting (“AGM”) is the Supreme Governing body of the Institute; and

Whereas details of proposed changes are only required to be provided to all members no later than four weeks before the AGM; and

Whereas four (4) weeks does not provide sufficient time for delegates to the AGM to canvas their membership to ensure that they have received input and direction from their members with respect to proposed By-Law changes;

Therefore be it resolved that By-Law 13.1.4.1 be amended as follows:

13.1.4.1 No By-Law shall be enacted, repealed or amended by an Annual General Meeting unless:

(b) details of the proposed changes were provided to all members not later than four (4) six (6) weeks prior to an Annual General Meeting.

Resolutions Sub-Committee Comment:  The proposed resolution would reduce the time needed by the Resolutions Sub-Committee to consult with members and for the processing of resolutions (translation and posting), as per By-Law 13.1.4.1, which states that "No By-Law shall be enacted, repealed or amended by a General Meeting unless details of proposed changes were submitted to the Office of the Executive Secretary no later than twelve (12) weeks prior to a General Meeting".

The motion carried.

13.7 B-10 BY-LAW 16 - MEETINGS OF THE BOARD – Sponsor: Atlantic Regional Executive

Moved and seconded that,

Whereas Paragraph (a) of Institute By-Law 16.3.1 allows the President to call a Special Board meeting at their sole discretion; and

Whereas Paragraph (b) of Institute By-Law 16.3.1 currently provided that a Special meeting of the Board may be called within two (2) weeks of the date of receipt by the President of a written request from not less than (7) members of the Board; and

Whereas if seven (7) members of the Board of Directors have determined that an issue is sufficiently important that it needs to be addressed by the Board before its next regular meeting, the President should be required to call the meeting as requested; and

Therefore be it resolved that By-Law 16.3 be amended as follows:

By-Law 16.3.1 A Special meeting of the Board may be shall be called:

  1. By the President, or
  1. Within two (2) weeks of the date of receipt by the President of the written request from not less than seven (7) members of the Board.

Resolutions Sub-Committee Comment:  The total cost per day of a Board meeting is $25K.

The motion amended to read:

By-Law 16.3.1 A Special meeting of the Board may be shall called:

  1. By the President, or
  1. Or shall be called within two (2) weeks of the date of receipt by the President of the written request from not less than seven (7) members of the Board.

The amendment carried.

The motion as amended carried.

13.8 B-11 BY-LAW 17 - COMMITTEES OF THE BOARD -Sponsor:  Atlantic Regional Executive

Moved and seconded that,

Whereas Committees of the Board shall normally include regional representation and;

Whereas the Chair of the Committee is responsible for the functioning of meetings and reporting back to Board of Directors;

Be it Resolved that bylaw 17.1.3 be amended to the following:

17.1.3 Composition All Committees shall consist of five (5) to seven (7) members and, unless otherwise specified, shall include (1) member from each Region.  Where there is a Vice-President liaison to the committee, the Vice-President does not count as a member of the committee.  The committee Chair shall not be considered a member of a Region.

Resolutions Sub-Committee Comment:  No comment

This would ensure regional representation and full participation of all members on committees. It would also ensure proper mentoring if and when the Chair stepped down.

Some were of the view that this would take away the flexibility for Committee Chairs to select their membership to produce the best results. Committee members should sit on committees for the benefit of the organization as a whole, not for their respective Region.

Committee Chairs should be impartial in order to lead their committees effectively however, regional representation should still be considered to ensure the viewpoints of that Region are being heard.

The question was called.

The motion carried.

14. Financial Resolutions

A/VP O’Reilly, Chair of the Finance Committee and Dennis Britt, Director, Finance & Corporate Services, presented their report.

14.1 F-1 Audited Finance Statements - Sponsor: Board of Directors

Moved and seconded that,

Be it resolved that the 2018 AGM receive the audited financial statements for the fiscal year ending June 30, 2018.

Resolutions Sub-Committee Comments: No comment

Highlights of the audited financial statements were provided. BDO LLP performed the annual audits for the Institute. The audit process remains thorough and it demonstrated again this year that internal controls and processes are efficient. The Institute is demonstrating a surplus of $6.2 million versus a budgeted surplus of $2.2M.

It was pointed out that the accounts receivable reflect $3.4M, which is the amount of interest owed to PIPSC by the Building Trust and is also the additional cash used to sustain the Trust in order to pay its bills. There was concern raised that this money will not be payable in the foreseeable future therefore it is misleading to reflect that in accounts receivable and skews the surplus quoted.

It was clarified that when the building is 2/3 full, it’s a “break even” situation and anything more in terms of occupancy would be revenue generating therefore, that amount will be paid back eventually.

There was concern raised with the surplus of $6.2M versus the projected $2M – a significant difference. It was clarified that the surplus was due to the increase in membership and to the recovery of dues owed. This resulted in this is a temporary rise, which will not be the case in future years. A deficit of $1M is projected for this year, given the resolutions adopted.

It was also clarified that:

  • there is a segregated fund of over $15M for use in strike fund (in asset investments) available if needed and which would not jeopardize the operations of the organization
  • there was an increase to the staff line in the past year as a result of additional staff hired, including three LROs and one ERO in the NCR Office
  • the cost to the Institute to prepare and promote PC was minimal to date and any money spent would be capitalized if PC is approved

Some were of the view that the audited financial statements were qualified statements and were not in compliance with General Audited and Accounting Principles, more specifically as it relates to note 7, pertaining to the senior management pension fund. It was clarified that a qualified opinion is for all PIPSC employees’ pension plans, a decision of a former AGM.

Clarification was sought on how the RCMP civilian members’ dues holiday affected the 2018 and 2019 financial statements. It was clarified that the 1,384 RCMP civilian members were given a six-month dues holiday (May to November 2018), representing $170K. This has been done before and had a minimal impact to the organization.

It was suggested that the financial forum be made available to all members (live streaming). It was stated that if the decision was made to do so, a secure stream would be required. This being said, financial statements are available to all members and questions can be addressed to the Institute at any time.

The question was called.

The motion carried.

14.2 F-2 Appointment of Auditors - Sponsor: Board of Directors

Be it resolved that BDO Canada be appointed as auditors of PIPSC and its related entities, for the 2019-2020 fiscal years.

Resolutions Sub-Committee Comments: No comment

Two years with BDO.

The motion carried.

14.3 F-3 Budget - Sponsor: Board of Directors

Moved and seconded that,

Be it resolved that the 2018 AGM approve the budget for the period of July 1, 2019 to June 30, 2020.

Resolutions Sub-Committee Comments: No comment

The motion was tabled to the end of all resolutions having a financial impact.

Moved and seconded that resolution F-3 be tabled.

As agreed by the assembly, resolution F-4 was to be dealt with after all other resolutions having a financial impact, prior to the approval of the budget.

14.4 F-5 Funding for PIPSC Constituent Bodies – Sponsor: Ontario Regional Council

Moved and seconded that,

Whereas dues increases are passed by a PIPSC Annual General Meeting vote; and

Whereas PIPSC uses these increased revenues to fund Institute expenses; and

Whereas all PIPSC constituent bodies experience the same increase in expenses to represent our members;

Be it resolved that funding for all PIPSC constituent bodies be increased in the same proportion as any dues increase passed by a PIPSC National Annual General Meeting.

Resolutions Sub-Committee Comments: The 2016 dues increase represented a 16% increase from the previous rate. This would increase constituent body allowances by $286K. Constituent bodies spend 48% of their current annual allowance on average each year.

Some were of the view that larger Groups already have sufficient funds which they don’t always spend each year which demonstrates that an increase is not necessary. Larger Groups should be supporting their smaller constituent bodies.

If additional funds are allocated, parameters would need to be put in place to ensure those funds are appropriately used. This should not be tied to dues increases as there are other ways to additionally funds constituent bodies.

In speaking for the motion, it was pointed out that constituent body funding represents approximately 3.25% of the total budget therefore it would possible to put this practice in place.

Moved and seconded that this be referred to the Board of Directors.

The motion to refer was based on the Board providing full disclosure on:

  • Which constituent bodies do not fully spend their funds annually and by how much
  • Who is using the Better Together funds for Lunch & Learns and how much
  • Use of funds for executive meetings

This information would need to be provided in a timely manner to allow any BL amendments to be submitted to the 2019 AGM, if necessary.

It was noted that there was no need to refer the matter since the information requested could be provided by the Finance Committee Chair and the Director of Finance at this time.

The motion to refer was defeated.

On the original motion,

Some felt that before allocating more funds unilaterally, the Institute should have a better idea of where, why and by whom funds are most needed.

The question was called and the Chair allowed the vote to proceed.

The Chair was challenged on this ruling as the mover requested time for closing statements.

The AGM sustained the Chair’s ruling and the vote took place.

The motion was defeated.

14.5 F-6 Segregated Strike Fund – Sponsor: Ontario Regional Council

Moved and seconded that,

Whereas the Institute does not have a funded and segregated strike fund and employers view strike mandates with apprehension; and

Whereas the recent dues increase more than funds the anticipated legal and operational costs of the Institute;

Be it resolved that a segregated fund be established and used for any strike activity; and

Be it further resolved that $5 per month of union dues currently paid by Institute members be allocated to this segregated strike fund, effective January 1, 2019.

Resolutions Sub-Committee Comments: We already have a strike fund in place as of June 30, 2018 of $11.5 million. Annually, the Institute transfers on average $250K, based on the imputed interest earned on our reserves. The accounting for Strike Fund is already segregated as stated in the audited financial statements: Externally Restricted – Strike Fund. This fund is reserved for strikes.

Adoption of this resolution would require an accounting policy change and adjustments to previous audited financial statements. Currently, the strike fund increases by the annual returns on the Institute’s reserves and would be depleted according to actual strike expenses should they occur. Since the strike fund is externally restricted, the Institute cannot draw on this fund for other expenditures.

The costing of this resolution at $5 per member per month, based on a membership of 60,000, would be an additional $3.6M.

This would ensure that a credible fund is put in place, representing a stronger threat for the employer. A cap could be considered moving forward. There should be a separate account for the strike fund to reassure members that the money is available if and when needed. Having a sound strike fund sets a tone and is the “raison d’être” of the union.

It was pointed out that this would be based on the premise that all members would be going on strike at the same time, which is not credible. This would impact some constituent bodies unnecessarily as some constituent bodies do not or cannot strike therefore they would never have access to those funds.

Some were unclear what the strike pay would be. More consideration and study would be needed before making a blanket decision at this time.

The question was called.

The motion was defeated.

14.6 F-7 Inviting Youngest Steward to Institute AGM – Sponsor: Québec Regional Council (f) – AMENDED and REVISED

Moved and seconded that,

Whereas the Institute’s AGM is our highest democratic forum;

Whereas we must do everything in our power to encourage young people to become involved;

Whereas the union must ensure that it properly represents the interests of the new generation in order for young people to develop a feeling of belonging to their union;

Whereas, to ensure the sustainability of the Institute, we must train tomorrow’s leaders by passing on to them the organization’s knowledge and values;

Be it resolved that the youngest Steward in age, available in each Region, if they have not already availed themselves of this provision, be invited to the by the Institute to the PIPSC AGM as an observer and that the required money be set aside for that purpose;

Be it further resolved that these observers be added to the regular participants and that they not replace those already specified in the policies.

Resolutions Sub-Committee Comments: Observer costs are borne by the sponsoring constituent bodies. The average cost per delegate attending the PIPSC AGM is $1,850.

Some spoke against the motion, stating that it is the responsibility of each Region to ensure young members are invited to the AGM. It should not be an imposition. This should be considered in the increased delegate cap just approved. Divulging the age of Stewards could also be an issue.

The question was called.

The motion defeated.

14.7 F-8 Group Executive Meetings – Sponsor: CS Group

Moved and seconded that,

Whereas Policy on Institute Groups restricts PIPSC covering the costs for executive meetings to not more than five meetings per year.

Whereas five meetings per year have proven to not be enough in order to deal with the group’s business and mandate.

Whereas the policy on Regional executive meetings allows six meetings per year

Therefore be it resolved that the Policy on Institute Groups be amended as follows:

9. Group Executive Meetings

The Group Executive shall meet as frequently as is required, but at least twice a year. The Institute will fund Group Executive meetings up to the amount of the approved budget submitted by the Group Executive.

In preparing a budget for Group Executive meetings, the following assumptions shall be used:

not more than five (5) six (6) executive meetings, which includes one (1) of which is associated with the Group Annual General Meeting and one (1) associated with the PIPSC AGM;

Resolutions Sub-Committee Comments: The average daily cost of an Executive meeting for the twelve largest Groups is $9K. Therefore the estimated additional cost would be $108K.

The mover of the motion stated that it is sometimes difficult to conduct the business in only five meetings per year. This would provide consistency for all Groups and would give the option of holding six meetings per year. It would not be mandatory to do so but would give Groups that flexibility. It would also benefit smaller Groups who do not have large funding. The same provision is given to Regions and should also be applicable to Groups.

Some were of the view that as written, the resolution did not meet the intended purpose. Tying one meeting to the AGM may be problematic as some Groups only have four meetings per year. This would also suppose that Executive members are delegates to the AGM otherwise, it could increase cost significantly.

If additional meeting(s) are needed, they can be planned and should be self-funded. Group should manage their funds accordingly. Consideration should also be given to holding meetings remotely (teleconference), to save costs.

The question was called.

The motion carried.

14.8 F-9 Child Care – Sponsor: Katie Oppen

Whereas member participation may be limited by the lack of reliable and affordable childcare; and

Whereas the PIPSC policy on child care allows only 75$ a day which is not in line with current market costs;

Be it resolved that PIPSC increase the allowance for child care cost to a maximum of 100$ per day;
Resolutions Sub-Committee Comments: A childcare policy is currently under review.

The RSC conducted a benchmarking study of daycare costs in several cities across Canada and determined that an average cost is approximately $45.97 per day. The incremental cost to increase the allowance for child care up to $100 (from $75) would represent at least $25K, based on current reimbursement for child care expenses.

The motion was withdrawn by the sponsor as a result of the proposed Policy on Child Care to be presented to the Board for approval in December.

14.9 F-10 Financial Reporting Training – Sponsor: Katie Oppen

Moved and seconded that,

Whereas the Executives, and particularly the Treasurers, of constituent bodies including Branches, Regional Councils, Groups and Committees, are obligated to be fiscally responsible and transparent in how they administer and spend the PIPSC funds fees allocated to them; and

Whereas PIPSC has developed financial record keeping tools and practices; and

Whereas PIPSC has the capacity to provide training to constituent body executive members;

Be it resolved that PIPSC make enhanced training on financial reporting mandatory for all Treasurers of constituent bodies; and

Be it further resolved that PIPSC increase the depth and scope of training on financial reporting for constituent body executive members.

Resolutions Sub-Committee Comments: A Treasurer Training module has already been created and was piloted, both in the NCR and PRA/NWT Regions. A delivery strategy is being put in place by the PIPSC national Education Section.

The mover of the motion stated that this type of training should be mandatory for all executive members and perhaps repeated, if necessary. Although some members may have this knowledge, there may be things and//or best practices to be learned to assist in better managing constituent body funds

Some were of the view that this training should not be mandatory as many AFS Group members are accountants by profession and already have that knowledge. It would be sufficient for constituent body Treasurers and Presidents and assistance could be provided by the Institute if and when needed or requested.

The motion was split:

F-10 (A)

Be it resolved that PIPSC make enhanced training on financial reporting mandatory for all Treasurers of constituent bodies.

Defeated

F-10 (B)

Be it further resolved that PIPSC increase the depth and scope of training on financial reporting for constituent body executive members.

Some felt that it would be a good balance to not make the training mandatory but offering it to executive members, if requested. There would be no need to change the current content.

The motion carried.

14.10 F-11 Resolution Making – Sponsor: Katie Oppen

Moved and seconded that,

Whereas the development, discussion and adoption of resolutions are integral to the ongoing evolution and improvement of an organization; and

Whereas well written, thoughtful and strategic resolutions can trigger debate, engage members and stimulate positive changes in an organization; and

Whereas PIPSC constituent bodies such as Branches, Groups, and Regional Councils do not take full advantage of the opportunity to bring resolutions to their annual general meetings, to Regional Councils, or to the PIPSC National Annual General Meeting;

Be it resolved that PIPSC undertake to provide training to constituent bodies on how to prepare and present resolutions; and

Be it further resolved that PIPSC actively encourage the development of thoughtful, relevant resolutions by constituent bodies at all levels. 

Resolutions Sub-Committee CommentsThe pocketbook “How to Write a Resolution” is available to all members via the PIPSC Web site and training is already being provided to constituent bodies upon request.

This would ensure that clear and well-worded resolutions are submitted to assist the AGM in its debates and decision-making process. It would also encourage members to write, submit and lobby their resolutions and to engage in making changes to their union.

Some spoke against the motion, stating this type of training is available and is already being provided by some constituent bodies. A pocketbook on how to write a resolution is also available. The By-Laws and Policies Committees (national and at the constituent body level), as well as the Resolutions Sub-Committee are also available to assist, if needed.

It was pointed out that the pocketbook is outdated and contains errors. This pilot training was held in the NCR Region and was well attended and demonstrates the need for members to have this training to be able to influence policy change. There is a complexity to writing and understanding resolutions. Presenting clear and well-written resolutions saves time at meetings. This would not be mandatory but provided upon request

The question was called.

The motion was defeated.

14.11 F-4 Professionals Canada

Moved and seconded that Resolution F-4 be un-tabled.  Carried

Whereas PIPSC must protect itself from incessant attacks from right wing governments including any attack on the Rand Formula; and

Whereas a growing number of professionals in non-unionized private sector positions are facing precarious and harsh working conditions; and

Whereas PIPSC must continue to use every available means to combat the misuse of contracting out which has severely impacted our CS members and is increasingly threatening all professionals represented by the Institute; and

Whereas reaching out to non-unionized private sector professionals will benefit PIPSC by creating a new potential member base and by making us the leading voice for professionals in Canada; and

Whereas building communities of professionals to act collectively to improve our members’ lives is our highest purpose as a union that believes we are “better together”;

Be it resolved that the Professional Institute of the Public Service of Canada carry on its 100-year tradition of protecting and enhancing the rights of professional workers through the establishment of Professionals Canada, while reaffirming its commitment to combating the abuse of contracting out.

The AGM resumed its debate on resolution F-4. Several delegates spoke against the motion, stating that the proposal was too broad in scope and was not relevant to PIPSC and its members. There was also concern expressed with PC being in contravention with the Institute’s fight against contracting out, since in some’s view, it would be promoting contractors.

Some were of the view that PC is aligned with the purpose of PIPSC to build communities and to help workers get the benefits they deserve. This would be an opportunity for PIPSC to show leadership while continuing to sustain its fight against contracting out.

The motion was amended as follows:

Be it further resolved that Professionals Canada will neither advocate for nor offer membership to any independent professional performing work on contract in any public service in Canada.

Some viewed this amendment as a motherhood statement that would not be manageable. Furthermore, it did not address the financial implications, it further enhanced the inequality and created more barriers in terms of contract workers. The Institute should not be moving forward with PC at this time and should focus on the upcoming federal election year, bargaining, and on ongoing Phoenix issues.

Should not be expecting perfection – should not be dismissed – can do some good

The Chair called the question on the amendment.

The amendment was defeated.

Moved and seconded that resolution F-4 be referred to the Board of Directors.

The AGM instructed the Board to have meaningful consultation with the AC and with impacted Groups and report back to 2019 AGM. No decisions are to be made before then. Detailed financial information is to be provided to the AGM on the various groups to be recruited, whether in the private or public sectors.

The Chair called the vote on the motion to refer at this time

The Chair was challenged on her decision however the AGM sustained the Chair’s decision.

The motion to refer carried. 204 / 169

14.12 F-3 Budget

Moved and seconded that resolution F-3 be un-tabled. 

Be it resolved that the 2018 AGM approve the budget for the period of July 1, 2019 to June 30, 2020.

It was suggested that the rules be suspended to allow the two late resolutions having financial implications to be dealt with before the approval of the budget. This was not permitted.

The motion carried.

The Chair of the Finance Committee highlighted and provided information on some line items as well as the basic assumptions used in preparing the 2019-2020 budget, showing a projected deficit of $1.1M ($461K originally).

It was clarified that any work to be done on PC as directed by the AGM would be done within budget.

An amendment to resolution F-3 was put forward,

Be it resolved that the 2018 AGM approve the budget for the period of July 1, 2019 to June 30, 2020.

Be it further resolved that the membership number be changed to 56,000.

This would increase revenues by $1.4M for the 2019-2020 year. The budget presented to the Board showed a membership of 60,000 regular members and 2,000 retired members. Of the 60,000 regular members, 3,000 are on leave without pay. For budgeting purposes, the number 54,500 was used and the budget was prepared accordingly. To be conservative, the number 56,000 dues paying members is being proposed (vs the actual 57,000), creating a buffer of $870K. This would be a more accurate number and would bring the budget in a surplus situation.

The Finance Committee Chair explained that the accurate number of 54,400 members was based on the count as of December 31, 2017. When the budget was prepared, that number had increased to 57,200 members, with some fluctuation due to some members being on various types of leave and due to Phoenix-related issues. He raised concern with the possible fluctuations if applying the proposed number, which would be better reflected at 55,000.

This being said, the number is immaterial and will not change the revenues since only the number of dues-paying members affects revenues. The original number should remain, which was the Finance Committee’s best and most accurate estimate.

It was clarified that Line Item 1 would be changed accordingly $48,760,320 (based on 56,000 members).

The amendment carried.

On the motion as amended,

Concern was raised with some reference items not being reflected in the budget for clarity.

Some were of the view that the budget is an estimate based on best guesses and forecasts. The AGM should not be debating the budget line per line but should approve it and trust that the Finance Committee did its work correctly. The 2019 AGM can then hold them to account.

The question was called.

The motion as amended carried.

It was clarified that only column A of the report, which was the 2019-2020 budget was approved – nothing related to PC (in column B).

15. Non-Budgetary Resolutions

15.1 P-1 Gifts and Prizes for Recognition, Contests and Events - Policy on Constituent Body Finances, Appendix B – Sponsor: Board of Directors

Moved and seconded that,

Be it resolved that the following policy change be adopted:

CATEGORY OF ELIGIBLE EXPENSE

CATEGORY OF ELIGIBLE EXPENSE

APPROVED DOLLAR AMOUNT

Door Prizes and Gifts Contest Prizes’

$100 per prize/gift up to $500, total, per event

GIFT - A gift has to be given voluntarily, and generally would be to recognize a special occasion such as the retirement of a member or PIPSC staff member, the departure from a constituent body executive or it could be used for a gift for a guest speaker

$100 up to $500 per gift 

Resolutions Sub-Committee Comments: No comment

The proposed amount is based on work done by the BLPC and the Finance Committee and could be increased or lowered if the AGM so wished.

As directed by a former AGM, the amount should be kept reasonable. Some felt that $500 was too high, especially in light of the earlier debate regarding some constituent bodies not having sufficient funding to conduct their business. For certain constituent bodies, $500 represents half of their annual allocation, which would be unreasonable and unfeasible.

An amendment was proposed,

Up to $100 per prize/gift up to $500, total, per event

$100 up to $500 $150 per gift 

Some felt that the proposed amendment was restrictive. Constituent bodies should have the flexibility to spend their funds as they deem reasonable.  

The amendment carried.

The motion was split:

P-1 (A)

Up to $100 per prize/gift up to $500, total, per event

It was clarified that the intent is not to apply this to the AGM nor to the recognition of Stewards of the Year and other Institute award winners.

Some felt this would also be restricting the size of and participation to events organized. The Policy could be changed by the Board if necessary. This is dealing with immaterial amounts and possibly affecting constituent body activities.

The question was called.

Motion (P-1 (A)) as amended, was defeated.

An amendment was proposed on P-1 (B)

$100 up to $500 $150 $250 per gift 

This would strike a balance between the original amount and the first proposed amendment while still allowing some flexibility.

Some spoke against the amendment as they felt it would represent a significant amount for smaller constituent bodies. This is too open ended and subject to interpretation and should not be supported.

It was reiterated that there would be no requirement for smaller constituent bodies to spend that amount but it would give them the flexibility. The balance is adequate and reasonable.

The question was called.

Motion (P-1 (B) as amended, carried.

16. Legacy Foundation

Delegates viewed a video update on the Institute’s Legacy Foundation, including brief profiles of this year’s scholarship laureates.  

For 19 years, the Institute has been raising money to help kids all across the country. This has enabled kids to fulfill their dreams has funded life-changing resources for child amputees, and most of all, has funded scholarships for deserving kids.

This year, 36 scholarships were awarded, worth a total of $56K. To date, $830K in scholarships has been awarded to 412 students. Scholarships are funded by the generous contributions of individual members, constituent bodies, and by corporate sponsors. Visit www.pipsc.ca/legacy to find out more.

The BC/Yukon Region was the winner of the 2018 Legacy Foundation cup. Congratulations!

17. Non-Budgetary Resolutions (Cont’d)

17.1 P-2 Gifts and Prizes for Recognition, Contests and Events - Policy on Board of Directors - Section 12 - Retirement and Departure Gifts – Sponsor: Board of Directors

Be it resolved that the following policy change be adopted:

If the a Board member wishes to recognize the departure or retirement of a Board member or PIPSC staff member, the maximum amount of that gift shall be $100 $500 and would come out of that Board member’s hospitality expenses.

Resolutions Sub-Committee Comments: No comment

This resolution was withdrawn.

17.2 P-3 PIPSC Financial Statements – Sponsor: Ontario Regional Council

Whereas PIPSC currently has an Operating Fund, Strike Fund, and Bargaining Fund combined in one Financial Statement and a separate Building Fund statement; and

Whereas it is difficult for the ordinary member to gain an overall understanding of PIPSC’s financial position and the position of the individual Funds; and

Whereas it is important that members be able to easily gain an understanding of the true financial picture of PIPSC;

Be it resolved that the PIPSC Financial Statements show the Operating Fund, Strike Fund, Bargaining Fund and Building Fund separately and show a consolidated total.

Resolutions Sub-Committee Comments: The external auditors are of the opinion that doing combined financial statements with the Building Trust is not recommended on the basis that they are separate legal entities with a different Board, different fiscal year-end and that it would not provide additional information to the users/readers. For the other funds, the members can have a similar view by looking at the Statement of Changes in Net Assets in the PIPSC audited financial statements. Members are welcome to ask questions on the financial statements through the portal at any time. 

This resolution was withdrawn.

17.3 P-4 Order of Resolutions at AGMs – Sponsor: Québec Regional Council (f) - WITHDRAWN

Whereas the AGM is an important 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 are made up of many members;

Whereas Constituent Bodies are an important part of the Institute’s structure;

Whereas AGMs are attended by several hundred delegates; and

Whereas the approval of motions at the AGM is subject to procedures;

Be it resolved that the resolutions submitted by individuals at the AGM be presented in the order they are received by the Resolutions Sub-Committee, just before the Late Resolutions.

Resolutions Sub-Committee Comments: No comment

This resolution was withdrawn.

Moved and seconded that the remaining resolutions be referred to the Board of Directors.

17.4 P-5 Promoting Union Values in Hiring Processes – Sponsor: Québec Regional Council (f) 

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 Institute’s hiring processes 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.

Resolutions Sub-Committee Comments: PIPSC’s hiring practices and processes involve identifying applicants with the most merit, which includes promoting union values. In assessing merit, PIPSC takes various factors into consideration, including experience, aptitude, language skills and the ability to work in a union environment.

The Chair ruled this resolution out of order as it could have an impact on staff and their collective agreements.

The Chair was challenged on her ruling as some felt this motion did not affect staff or their collective agreements in any way but was only a declaration with the intent that it would apply to staff who have direct dealings with members.

The AGM sustained the Chair’s ruling. The motion was ruled out of order.

Moved and seconded that the remaining policy resolutions be referred to the Board of Directors.  Carried

Moved and seconded that the remaining late resolutions be referred to the Board of Directors.  Carried

18. Closing Remarks

President Daviau returned to the podium to give her closing remarks. She thanked the delegates for engaging in the debates and for being interested in the affairs of the Institute. The President also thanked AGM Chairs Marilyn Best and Richard East, who were ably assisted by Scott McConaghy, Parliamentarian. She acknowledged the tremendous efforts of the staff who contributed so much to the success of the event.

A short video capturing the highlights of this 99th Annual General Meeting, was viewed.

  1. Election Results

On behalf of the PIPSC 2018 National Elections Committee and Committee Chair Jim McMillan, Elections Committee member Stephan Moushian presented the report of the results of the 2018 PIPSC National Elections of the PIPSC Officers and Directors to the 2018 AGM. Full details of the election were posted on the website on November 5, 2018.

  1. Adjournment

The AGM adjourned at 6:05 p.m.

Referred Resolutions

P-6 Self-Identification Process – Sponsor: RE 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,

Be it resolved that the Institute put in place a voluntary self-identification process for Stewards and executives to identify as belonging to the equity groups defined by the Employment Equity Act, as well as the addition of a non-binary gender option, age group, dependents and LGBTQ2+ identity; and

Be it further resolved that techniques to protect the confidentiality of small populations of persons be appropriately applied.

Resolutions Sub-Committee Comments: 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.

P-7 Progressive Discipline - Sponsor:  Atlantic Regional Executive

Whereas the Institute does currently have a Dispute Resolution and Discipline policy, and

Whereas the Institute currently does not have policy or guidelines concerning progressive discipline, and

Whereas the Institute's Panel of Peers in the interest of fairness and natural justice must have a set policy or guidelines to follow when recommending discipline;

Be it resolved that the Institute develop a guidelines document for Progressive Discipline to be used by the Panel of Peers.   

Be it further resolved that a Progressive Discipline Chart be developed to provide guidance on the type of discipline to be administered based on the type of misconduct.

Resolutions Sub-Committee Comments: Panel of Peers members receive annual training that includes progressive discipline. Moreover, a disciplinary chart covering all discipline imposed is referenced when panel of peers meet to discuss discipline that will be imposed in any given case. The purpose of referencing the disciplinary chart is to be consistent with the concept of progressive discipline. In considering the appropriate disciplinary sanctions, panel of peers consider the specific facts of the case before them and need to avoid having their hands tied by a guideline. Discipline needs to be fluid and corrective, not punitive and a guideline with a prescriptive discipline chart could be considered by a third party on appeal to be arbitrary. Finally, the Institute has consistently been opposed to our members' employers’ use of discipline charts for these reasons.

P-8 Electronic Voting on Resolutions – Sponsor: Katie Oppen

Whereas only delegates physically present at the PIPSC Annual General Meeting are currently eligible to vote on resolutions; and

Whereas the text of those resolutions is available to all members via the virtual binder ahead of the AGM; and

Whereas member engagement could be further improved by inviting more direct participation in the decision-making process affecting all members; and

Whereas modern electronic voting systems can be secure and accessible; and

Whereas other PIPSC elections, such as those for the National Executive, are held virtually by electronic means;

Be it resolved that PIPSC investigate electronic voting on resolutions that is not limited to delegates physically present at the national PIPSC AGM; and

Be it further resolved that PIPSC report on its findings at the 2019 National Annual General Meeting. 

Resolutions Sub-Committee Comments: Unspecified cost would be incurred to broadcast the AGM for delegates not physically present and to provide a remote voting mechanism.

P-9 Gender Parity – Sponsor: Katie Oppen

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;

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), strive to achieve gender parity on those committees and boards.

Resolutions Sub-Committee Comments: No comment

P-10 Including Minority Voices – Sponsor: Katie Oppen

Whereas majority rule is not the fully democratic; and

Whereas PIPSC policies support the value of diversity and inclusion; and

Whereas most decisions at PIPSC constituent bodies, Councils, Boards, and committees are made by majority rule; and

Whereas PIPSC is committed to seeking new and innovative ideas for improvement; and

Whereas minority voices often express ideas different from the status quo,

Be it resolved that PIPSC investigate mechanisms to include and value minority voices in its democratic processes, including meetings of committees, constituent bodies, Councils and Boards. 

Resolutions Sub-Committee Comments:  No comment

P-11 Indexed Fees – Sponsor: Katie Oppen

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;

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.

Resolutions Sub-Committee Comments: No guidelines provided. Work would be needed to study a percentage based dues structure. Implementation would not be possible without approval of the AGM of a new dues structure, in accordance with BL 14.2.2.

P-12 Travel Policy – Accommodations – Sponsor: Katie Oppen

Whereas PIPSC needs to focus its human and financial resources on the very serious challenges facing our members at this time; and

Whereas increasing membership fees to cover additional costs is not favoured by the membership of PIPSC;

Be it resolved that PIPSC review the travel policy with a view to reducing costs for meetings including the national AGM, constituent bodies, committees and councils;

Be it further resolved that PIPSC review its policy on serving alcohol at PIPSC functions to reduce any risks associated with driving under the influence of alcohol after attending a PIPSC event. 

Resolutions Sub-Committee Comments:  No comment

L-1 Professional Competencies – Sponsor: NCR Regional Council

Whereas many occupational certifications require continued competency, a concept included in some collective agreements; and

Whereas members elected or appointed to full time executive positions no longer have opportunities to exercise their professional competencies;

Be it resolved that PIPSC investigates and reports to the 2019 AGM amendments to Institute By-Laws, Regulations and Policies to allow or provide opportunities for elected executive to exercise their profession and to maintain the continued competencies required for their substantive position.

Resolutions Sub-Committee Comments: No comment

L-2 Funding Resolution for PIPSC AGM – Sponsor: NCR Regional Council

Whereas, the annual allowances were last revised effective January 2015 and

Whereas, inflation continues to erode the ability of smaller subgroups and branches to effectively serve and communicate with their members,

Be it resolved that the annual allowance for subgroups and branches be revised as follows:

Sub-Groups and Branches will receive the greater between the following options:

Option 1 - Base amount of $750, plus $10.00 $13.00 per member per year for the first 1,000 members and $3.00 $4.00 per member per year in excess of 1,000 members

Option 2 - $10.00 per member per year for the first 2,000 members and $8.00 per member per year if there are more than 2,000 members.

L-3 Selection of Delegates PIPSC AGM - Sponsor:  Katie Oppen

Whereas the 2018 AGM voted to increase the number of delegates to the AGM; and

Whereas there were no directions from the AGM on how those seats would be proportionately distributed to improve the democratic representation of members at the AGM;

Be it resolved that PIPSC develop guidance for groups and regions on how to select delegates to the AGM in consideration of proportional representation of equity and diversity groups as well as fair representation of small groups and branches, youth, and other sub-communities of the membership; and

Be it further resolved that such a proposal be presented for approval at the 2019 AGM.

L-4 Policy on Balancing Union Activity and Family Life - Sponsor:  Katie Oppen

Whereas the Policy on Balancing Union Activity and Family Life allows for one day of compensatory- year pay when a member spends two days in a year on certain types of union business; and

Whereas active members often spend more than two days per year on those types of union business;

Be it resolved that the policy be amended to indicate that a member is entitled to two days of compensatory pay if they spend four days – year on the specified union activities; and

Be it resolved that the Policy on Balancing Union Activity and Family Life be amended as follows:

3. Compensation for Meetings on Days of Rest

  • (a) Stewards and elected officials required to attend meetings or training on days of rest are entitled to reimbursement equivalent to the member’s normal workday, once twice annually, after having attended two four such meetings on non-consecutive days. (Examples of meetings would be Regional Councils, Regional Stewards Councils, Committee meetings, training etc.)