CONSTITUTION & BYLAWS. Convention Committee Report

Transcription

1 CONSTITUTION & BYLAWS Convention Committee Report

2 2017 UNE Convention Constitution and Bylaws Committee Membership List NAME Co Chairs: Angela Decker Geoff Ryan UNE TITLE Regional Vice-President, Atlantic National Vice-President for Human Rights Committee Members: David Cardinal Assistant Regional Vice-President, NCR-Treasury Board June Dale Regional Representative for Human Rights, NCR-Treasury Board Meghraj Khadka Regional Representative for Human Rights, Alberta, N.W.T. and Nunavut Diane Levola Assistant Regional Vice-President, Ontario Loretta Moar Local Omar Murray Regional Vice-President, Saskatchewan Patrice Remillard Regional Vice-President, NCR-Separate Employers Kara Snow Local Shirley Torres Regional Representative for Human Rights, B.C. and Yukon Rose Touhey Assistant Regional Vice-President, Outside Canada Technical Advisor & Administrative Support: Franco Picciano Coordinator, Member Representation Michelle Brunet Administrative Assistant Unless otherwise specified, all committee recommendations of concurrence or non-concurrence have been moved and seconded by the co-chairs. 2

3 Table of Contents RESOLUTION CS Bylaw 1 - Union of National Employees (UNE) Role and Function... 5 AMENDED RESOLUTION CS Bylaw 2 National Executive Duties and Responsibilities... 6 AMENDED RESOLUTION CS Bylaw 3 - Locals... 7 RESOLUTION CS Bylaw 4 Membership, Duties and Responsibilities... 8 RESOLUTION CS Bylaw 6 Conventions and Committees... 9 RESOLUTION CS Bylaw 7 - Discipline RESOLUTION CS Bylaw 8 General Information COMPOSITE RESOLUTION CS 10 a) (CS 10 and CS 14) Bylaw 2 Duties of Officers RESOLUTION CS 10 (as submitted) Bylaw 2 Duties of Officers RESOLUTION CS 14 (as submitted) Bylaw 2 Full Time Paid NEVP RESOLUTION CS Bylaw 2 - Composition RESOLUTION CS Bylaw 6 - National Convention Venue RESOLUTION CS

4 Bylaw 2 National Executive Vice-Presidents RESOLUTION CS Bylaw 6 Sec 12 Convention Delegates RESOLUTION CS Bylaw 3 - Local Executive Conformance in Small Locals RESOLUTION CS Bylaw 6 Grandfather Clause Maximum Number of Delegates When There is an Amalgamation RESOLUTION CS Bylaw 6 Appointment to LMCC s SUPPLEMENTARY RESOLUTION CS Changes to Equity-seeking delegates RESOLUTION CS Bylaw 3 Appealing Decisions Regarding Jurisdictional Disputes RESOLUTION CS Bylaw 7 Disciplinary Measures Appeals RESOLUTION CS Bylaw 8 Access to Personal Information in Possession of UNE Staff or Elected Officials

5 RESOLUTION CS 1 Bylaw 1 - Union of National Employees (UNE) Role and Function Origin: National Executive Bylaw 1 The Committee recommends concurrence in resolution CS 1. The Union of National Employees will amend Bylaw 1 as presented in appendix 1. Committee Rationale: The Committee believes that the proposed changes provide greater clarity and flow to the Bylaws. The Committee further believes that the proposed changes better reflect the current reality. Cost of Resolution: No additional cost. No dues increase. 5

6 AMENDED RESOLUTION CS 2 Bylaw 2 National Executive Duties and Responsibilities Origin: National Executive Bylaw 2 The Committee recommends concurrence in amended resolution CS 2. The Union of National Employees will amend Bylaw 2 as amended in Appendix 2. Committee Rationale: The Committee believes that the proposed changes provide greater clarity and flow to the Bylaws. The Committee further believes that the proposed changes better reflect the current reality. Cost of Resolution: No additional cost. No dues increase. 6

7 AMENDED RESOLUTION CS 3 Bylaw 3 - Locals Origin: National Executive Bylaw 3 The Committee recommends concurrence in amended resolution CS 3. The Union of National Employees will amend Bylaw 3 as presented in Appendix 3. Committee Rationale: The Committee believes that the proposed changes provide greater clarity and flow to the Bylaws. The Committee further believes that the proposed changes better reflect the current reality Cost of Resolution: No additional cost. No dues increase. 7

8 RESOLUTION CS 4 Bylaw 4 Membership, Duties and Responsibilities Origin: National Executive Bylaw 4 The Committee recommends concurrence in resolution CS 4. The Union of National Employees will amend Bylaw 4 as presented in Appendix 4. Committee Rationale: The Committee believes that the proposed changes provide greater clarity and flow to the Bylaws. The Committee further believes that the proposed changes better reflect the current reality. Cost of Resolution: No additional cost. No dues increase. 8

9 RESOLUTION CS 5 Bylaw 6 Conventions and Committees Origin: National Executive Bylaw 6 The Committee recommends concurrence in resolution CS 5. The Union of National Employees will amend Bylaw 6 as presented in Appendix 5. Committee Rationale: The Committee believes that the proposed changes provide greater clarity and flow to the Bylaws. The Committee further believes that the proposed changes better reflect the current reality while respecting the Convention Steering Committee. Cost of Resolution: No additional cost. No dues increase. 9

10 RESOLUTION CS 6 Bylaw 7 - Discipline Origin: National Executive Bylaw 7 The Committee recommends concurrence in resolution CS 6. The Union of National Employees will amend Bylaw 7 as presented in Appendix 6. Committee Rationale: The Committee believes that the proposed changes provide greater clarity and flow to the Bylaws. The Committee further believes that the proposed changes better reflect the current reality. Cost of Resolution: No additional cost. No dues increase. 10

11 RESOLUTION CS 7 Bylaw 8 General Information Origin: National Executive Bylaw 8 The Committee recommends concurrence in resolution CS 7. The Union of National Employees will add new Bylaw 8 as presented in Appendix 7. Committee Rationale: The Committee believes that the proposed changes provide greater clarity and flow to the Bylaws. The Committee further believes that the proposed changes better reflect the current reality. Cost of Resolution: No additional cost. No dues increase. 11

12 COMPOSITE RESOLUTION CS 10 a) (CS 10 and CS 14) This is a combination of Resolutions 10 and 14 Bylaw 2 Duties of Officers Origin: National Executive Bylaw 2, Sec 18 The Committee recommends concurrence in composite resolution CS 10 a). The Union of National Employees will Add the following two paragraphs to Bylaw 2 Sec 18 The national executive vice-president: a) is a full-time paid officer; (new) b) lives in the National Capital Region; (new) Set the salary of the NEVP at 85% of the President s or the salary of the NEVP s substantive position, whichever is greater. Committee Rationale: The Committee believes that the current workload encompassing 170 plus locals, 40 plus collective agreements, 30 plus consultation tables and 20,000 members is not sustainable with only one full-time paid officer. The Committee further notes that the additional officer can be achieved without a dues increase. 12

13 Cost of Resolution: No additional cost. No dues increase. 13

14 RESOLUTION CS 10 (as submitted) Bylaw 2 Duties of Officers Origin: National Executive Bylaw 2, Sec 18 The Union of National Employees will 1. Add the following two paragraphs to Bylaw 2 Sec 18 The national executive vice-president: a) is a full-time paid officer; (new) b) lives in the National Capital Region; (new) 2. Set the salary of the NEVP at 85% of the President s or the salary of the NEVP s substantive position, whichever is greater. Committee Rationale: The Committee combined resolution 10 and resolution 14 to form composite resolution 10a) 14

15 RESOLUTION CS 14 (as submitted) Bylaw 2 Full Time Paid NEVP Origin: June Dale, HR Representative, NCR (TB) Sandrine Oka, Local Clara Noble, Local Cindy D Alessio, ARVP NCR (TB) François Deschênes, Local Matthew McKenna, Local Bylaw 2, Sec 18 The Union of National Employees will change Bylaw 2 Sec 18 to add the National Executive Vice-President will be a full time paid officer and reside in the NCR. Because the UNE is the second largest component in the PSAC and has only one paid position. UNE represents 170 Locals, 60 employer groups and 40 collective agreements; Because the workload is overwhelming for one paid position which represents approximately members from diverse workplaces unlike other components; and Because to share workload with another paid officer regarding attending UMCCs, PSAC committees, UNE committees and management of the UNE Office. Committee Rationale: The Committee combined resolution 10 and resolution 14 to form composite resolution 10a) 15

16 RESOLUTION CS 12 Bylaw 2 - Composition Origin: National Executive Bylaw 2, Sec 1 The Committee recommends concurrence in resolution CS 12. The Union of National Employees will divide the existing NCR-TB region into the following two regions: a) Gatineau-TB, which would include all Locals that have most of their members in Gatineau; and b) Ottawa-TB, which would include all Locals that have most of their members in Ottawa. Because this will reduce the current disparity among regions; Because this will result in a more equitable distribution of opportunities and services among UNE members; Because the national executive will better reflect the UNE membership; and Because the existing size of the current NCR-TB is unsustainable. Committee Rationale: The Committee believes that the resolution will amount to a more equitable distribution of services among UNE members. The Committee further believes that the existing size of the current NCR-TB Region is unsustainable. 16

17 Cost of Resolution: This represents a dues rate increase of %. This represents an average dues increase of $0.39 per month per deductee. 17

18 RESOLUTION CS 9 Bylaw 6 - National Convention Venue Origin: National Executive Bylaw 6, Sec 7 The Committee recommends concurrence in resolution CS 9. The Union of National Employees will amend Bylaw 6 Sec 7 to read as follows: Bylaw 6 Sec 7 National Convention venue The national executive recommends a component region for each Triennial Union of National Employees convention. The incoming National Executive will be tasked with the exact venue, place and costing within that selected component region for the next UNE Convention. The place and date of each Convention shall be decided by the National Executive. Committee Rationale: The Committee believes that the resolution provides a more efficient and cost-effective manner for planning future conventions. Cost of Resolution: No additional cost. No dues increase. 18

19 RESOLUTION CS 11 Bylaw 2 National Executive Vice-Presidents Origin: Local Bylaw 2, Sec 1 The Committee recommends non-concurrence in resolution CS 11. The Union of National Employees will amend its Bylaw 2 to allow for a first and second National Executive Vice-President; and The Union of National Employees will also immediately implement the above adopted resolution at its 2017 Triennial Convention for the election of UNE National and Regional Officers. Because the workload of the National Executive Vice-President has become very extensive; Because having a first and second and sometime third Regional Vice- President has proven to be effective in the regions; and Because having two National Executive Vice-Presidents allows the opportunity to use different personality traits to the union s advantage. Committee Rationale: The Committee believes that the resolution as written leaves too many unanswered questions regarding the role of this new position. Brother Omar Murray wished to be recorded against non-concurrence. 19

20 Cost of Resolution: This represents a dues rate increase of %. This represents an average dues increase of $0.23 per month per deductee. 20

21 RESOLUTION CS 13 Bylaw 6 Sec 12 Convention Delegates Origin: Richard Ballance, RVP NCR (TB) Matthew McKenna, Local Cindy D Alessio, ARVP NCR (TB) François Deschênes, Local Lisa Gregory, Local Carla Ross, Local Bylaw 6, Sec 12 The Committee recommends non-concurrence in resolution CS 13. The Union of National Employees will immediately implement the following delegate formula in Bylaw 6 Sec 12: from members 1 delegate from members 2 delegates; from members 3 delegates; from members 4 delegates; 901 or more members - 5 delegates. Because the UNE Triennial Convention has become overly large; Because the current delegate formula skews representation by proportion; and Because larger locals have a delegate allotment that can be 200 plus members per delegate. Committee Rationale: The Committee believes that as the supreme governing body of the UNE, this resolution negatively impacts the democracy of our Union by reducing voice and vote. 21

22 Cost of Resolution: This represents a dues rate decrease of %. This represents an average dues decrease of $0.34 per month per deductee. 22

23 RESOLUTION CS 8 Bylaw 3 - Local Executive Conformance in Small Locals Origin: Melissa Rae Horsman, Local Gloria Pfeifer, Local Travis Tomchuk, Local Brandon Horrell, Local A. Berlovan, Local Hayley Caldwell, Local Bylaw 3, Sec 5 The Committee recommends non-concurrence in resolution CS 8. The Union of National Employees will allow Locals with a membership of 20 persons or less to only elect a President and Secretary/Treasurer to their executive to be considered in conformance. Because it may encourage more member participation at annual general meetings as there is no pressure to fill elective positions. Because it is easier to achieve conformance when the local is not struggling to fill elected positions. Committee Rationale: The Committee believes that the resolution encourages less active member participation. The Committee believes the resolution creates no mechanism for dealing with local vacancies should the President s position be vacant. The Committee further believes that the Bylaw contradicts the Financial Bylaws of the UNE requiring 3 signing officers. 23

24 Cost of Resolution: No additional cost. No dues increase. 24

25 RESOLUTION CS 19 Bylaw 6 Grandfather Clause Maximum Number of Delegates When There is an Amalgamation Origin: Diego Matteo, Local Rana Valenzuela, Local Stephanie Dumas, Local Sylvie Leduc, Local François Shank, Local Khatera Hassin, Local Bylaw 6, Sec 12 The Committee recommends non-concurrence in resolution CS 19. The Union of National Employees will amend Bylaw 6 Sec 12 to read as follows: c) If locals are merged, a grand-father clause permitting them to maintain the same number of delegates to which they were entitled prior to the merge applies. Because not being able to maintain the same number of delegates following an amalgamation proved to be a disincentive to proceed to the merge of the two locals in the current Global Affairs. Because maintaining multiple locals in the same workplace has proven to be highly problematic, and has caused issues such as: Systematic confusion among the members regarding their local affiliation; conflicts in the handling of cases; lack of coordination; duplication of efforts; internal competition for limited resources, waste of members money (duplication of expenses). 25

26 Committee Rationale: The Committee believes that the resolution is impractical. Cost of Resolution: No additional cost No dues increase 26

27 RESOLUTION CS 15 Bylaw 6 Appointment to LMCC s Origin: Diego Matteo, Local Rana Valenzuela, Local Stephanie Dumas, Local Sylvie Leduc, Local François Shank, Local Khatera Hassin, Local Bylaw 6, Sec 22 The Committee recommends non-concurrence in resolution CS 15. The Union of National Employees will amend Bylaw 6 by adding Sec 22 Appointment to labour-management consultation committees to state the following: The first seat assigned to UNE at labour-management consultation committees (NLMCC) is for the UNE national president. He or she may request that a representative who has been elected to regional or national position from within that employer group attend the committees on his behalf. If there is a second seat available for UNE at the committee, it should be assigned to the president of the employer s local. In the event that no local president is available to take the seat or if there are more than two seats, the policy should establish the procedure to assign them. Because local presidents are likely to be exposed to a wide range of workplace issues that affect their membership in their locals; Because national consultation committees are often the primary mediums to channel concerns and issues faced by the membership to the employer. In the vein, being able to speak to those issues directly is a key element for effective advocacy; 27

28 Because not having a seat at the consultation committees table can undermine the image of the local president vis-à-vis their respective employer and, at the same time, severely curtail their ability advocate for issues that are dear to their membership; and Because members often expect their local presidents to be able to convey to the employer their issues and concerns on their behalf, and hold him/her accountable for that. Committee Rationale: The Committee believes that the resolution creates an unrealistic and impractical mechanism for appointments to Labour Management Consultation Committees since some Employer Groups have some 50 plus Locals. The Committee further notes that the issue is addressed in Policy CC 9 which has been in place since August Cost of Resolution: No additional cost No dues increase 28

29 SUPPLEMENTARY RESOLUTION CS 20 Changes to Equity-seeking delegates Origin: National Executive Bylaw 6, Section 15 The Committee recommends concurrence in supplementary resolution CS 20 as amended. The Union of National Employees will amend Bylaw 6 Sec 15 as follows: Equity-seeking delegates Four equity-seeking groups racially visible members; Aboriginals, First Nations, Métis and Inuit members; members with disabilities; and gay, lesbian, bisexual and transgendered members will, at the Human Rights Conference preceding each Triennial Convention, each elect four delegates (for a total of 16 delegates) and their respective alternates to attend the next Triennial Convention. These delegates and their alternates will be elected by the members of the same equity-seeking group that holds delegate status at the Human Rights Conference. The delegates and alternates will be gender balanced by group. A candidate is not required to attend the conference to run for a delegate or alternate position. In the event that four members of an equity-seeking group are not elected at the Human Rights Conference, the human rights committee, in consultation with equity-group members present at the conference will appoint the delegates and alternates from that group. This would now read as follows: Four Five equity-seeking groups racially visible members; Aboriginals, First Nations, Métis and Inuit members; members with disabilities; and lesbian, gay, bisexual and transgender members and women will, at the Human Rights Conference preceding each Triennial Convention, each 29

30 elect four delegates (for a total of delegates) and their respective alternates to attend the next Triennial Convention. These delegates and their alternates will be elected by the members of the same equity-seeking group that holds delegate status at the Human Rights Conference. The delegates and alternates will be gender balanced by group. A candidate is not required to attend the conference to run for a delegate or alternate position. In the event that four members of an equity-seeking group are not elected at the Human Rights Conference, the human rights committee, in consultation with equity-group members present at the conference will appoint the delegates and alternates from that group. Bylaw 6 Sec 3 National Convention The convention of the UNE comprises accredited delegates from locals, national executive officers and their assistants, representatives of the human rights committee of the UNE, the equity-group delegates elected at the UNE Human Rights Conference and two youth delegates. Amended by committee to: Bylaw 6 Sec 3 National Convention The convention of the UNE comprises accredited delegates from locals, national executive officers and their assistants, representatives of the human rights committee of the UNE, the 16 equity-group delegates, and four delegates from the Women s Caucus elected at the UNE Human Rights Conference and two youth delegates elected by each region. Committee Rationale: The Committee believes that the intent of the resolution is to have four women delegates elected by the women s caucus at the Human Rights 30

31 Conference. Therefore, the Committee believes that Bylaw 6 Sec 3 is a viable way to achieve the same result. Cost of Resolution: This represents a dues rate increase of %. This represents an average dues increase of $0.03 per month per deductee. 31

32 RESOLUTION CS 16 Bylaw 3 Appealing Decisions Regarding Jurisdictional Disputes Origin: Diego Matteo, Local Rana Valenzuela, Local Stephanie Dumas, Local Sylvie Leduc, Local François Shank, Local Khatera Hassin, Local Bylaw 3, Sec 26 The Union of National Employees will amend Bylaw 3 Sec 26 to read as follows: Jurisdictional disputes between locals, and which concern members, will be referred to the national executive whose decision is binding. Locals may appeal the national executive s decision to an independent, third-party body outside of the PSAC. The details of that body will be established by the policy but as a principle, it should be composed of at least three individuals with qualifications in labour legislation or union bylaws and regulations. Locals also have the option of appealing the national executive s decision directly at the UNE National Convention. Because waiting up to three years to appeal a decision made by the national executive can be an unreasonable long time and it would be suitable to establish timely appeal mechanisms; Because Triennial UNE National Conventions have, as they are, very loaded agendas; and Because a wait of up to three years to appeal a decision that is believed to be incorrect may cause an additional prejudice in the dispute. 32

33 THE NATIONAL PRESIDENT RULED THIS RESOLUTION OUT OF ORDER AS THIS VIOLATES SECTION 9 SUBSECTION 2 OF THE PSAC CONSTITUTION. 33

34 RESOLUTION CS 17 Bylaw 7 Disciplinary Measures Appeals Origin: Diego Matteo, Local Rana Valenzuela, Local Stephanie Dumas, Local Sylvie Leduc, Local François Shank, Local Khatera Hassin, Local Bylaw 7, Sec 3 The Union of National Employees will amend Bylaw 7 Sec 3 to read as follows: An officer disciplined under Sections 1 or 2 of this bylaw has the right to appeal the decision to an independent, third-party body outside of the PSAC. The details of that body will be established by the policy but as a principle, it should be composed of at least three individuals with qualifications in labour legislation or union bylaws and regulations. Additionally, the affected member may also have the right to appeal the decision directly to next National Triennial Convention of the UNE. The procedures for the proper handling of such matters will be in accordance with Section 25 of the PSAC Constitution. Because waiting up to three years to appeal a disciplinary decision perceived as erroneous, unjust or unfair can be considered an unreasonable delay and contravene the right of the affected member to have his case heard in a timely manner; Because bringing an appeal regarding disciplinary decision in front of several hundred colleagues at the UNE National Convention may raise privacy concerns; and 34

35 Because Triennial UNE National Conventions have, as they are, very loaded agendas. THE NATIONAL PRESIDENT RULED THIS RESOLUTION OUT OF ORDER AS THIS VIOLATES SECTION 25 OF THE PSAC CONSTITUTION. 35

36 RESOLUTION CS 18 Bylaw 8 Access to Personal Information in Possession of UNE Staff or Elected Officials Origin: Diego Matteo, Local Rana Valenzuela, Local Stephanie Dumas, Local Sylvie Leduc, Local François Shank, Local Khatera Hassin, Local Bylaw 8, Sec 1 The Union of National Employees will add new Bylaw 8 Sec 1 to read as follows: Current or former members have a right to obtain all personal records in possession of any UNE representatives (staff or elected officials) and requests amendment of any incorrect information. Failure to properly disclose information will be considered an action that can lead to penalties. The Union of National Employees will also amend Bylaw 7 Sec 4 to add the following: Bylaw 7 Sec 4 n) Failing to properly disclose personal records when an accessto-information is made. Because current access-to-information provisions in UNE statutes are outlined in the policies, which can be amended at any time by the UNE 36

37 executive without membership approval or consultation; and Because having access to one s personal information in the hands of governmental and non-governmental organization has been recognized as a fundamental right. THE NATIONAL PRESIDENT RULED THIS RESOLUTION OUT OF ORDER AS THIS VIOLATES THE UNE OATH OF OFFICE AND THE PSAC PRIVACY POLICY WHICH GOVERNS THE UNE. 37