Resolutions - Policy Non-Budgetary

P-1 Changing the Content of Email Messages

Whereas electronic mail is the Institute’s main means of communicating with its members;

Whereas the Institute absolutely must rely on engaging a maximum number of members to succeed in its mission;

Whereas an email that simply contains a link to a web page generates little or no interest from members;

Whereas the email messages in their current form work against our goal of attracting and engaging our members;

Be it resolved that moving forward all email messages sent to our members automatically contain the entire message in the email itself and in HTML format, based on a template approved by the Institute’s Communications team;

Resolutions Sub-Committee Comments - The Institute has made major strides in the last year in increasing the number of HTML email messages sent. The Institute sent out 3,25M emails last year (2.4M plain text and 846K HTML). The Institute continues to implement tools and processes to increase the number of HTML emails while also moving forward on other IT projects identified in the strategic plan. This resolution, if passed, may impact the implementation schedule of IT projects.

HTML vs. plain text - Messages delivered as html can have some impact on usability by members. However, many members have challenges accessing html e-mail at work because of the employer’s system restrictions (CRA, Stats Can and DND to name three) which could impact 9,000 members in these departments who have chosen to receive e-mail at work.

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P-2 Reporting on Activities Outside the Institute

Whereas the Institute is responsible for ensuring that its available money is spent wisely;

Whereas the Institute incurs costs for the attendance of one or more members to external activities;

Whereas any involvement in an external activity must provide added value to the Institute;

Whereas little information comes back to the decision-makers when such activities take place;

Be it resolved that every member of the Institute who attends an external union activity for which costs and/or attendance have been covered by a constituent body submit a written report to the Institute summarizing the activity and, where applicable, make recommendations.

Resolutions Sub-Committee Comments - No comment

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P-10 (2016) ACCESS TO DETAILS OF COMMITTEES’ FINANCIAL TRANSACTIONS

Whereas the national and regional committees must make decisions based on the funds allocated to them through the Annual General Meeting;

Whereas treasurers and chairs of national and regional committees do not have access to the details of financial transactions affecting the committees for which they are responsible; and

Whereas detailed financial reports are critical to the sound management of national and regional committees;

Be it resolved that treasurers and chairs of national and regional committees have quarterly access to the details of financial transactions as well as the detailed financial statements of the committees for which they are responsible.

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P-11 (2016) PROMOTING UNION VALUES IN HIRING PROCESSES

Whereas our union represents more than 50,000 members;

Whereas the labour movement has been facing all-out assaults for years;

Whereas each work environment requires adherence to specific missions and values;

Whereas the values of the labour movement are substantially different than the values that can be found in other work environments; and

Whereas the Institute’s values are attainable and well known, and include respect, integrity, cooperation and accountability;

Be it resolved that the hiring processes for the Institute’s employees include a thorough, systematic assessment of the applicants’ adherence to our organization’s union values;

Be it further resolved that adherence to these union values be a top priority in the assessment of the applications received.

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P-12 (2016) REGIONAL YOUTH COMMITTEE LEADERS

Whereas it is important for the union to ensure its sustainability;

Whereas, in the next few years, a generation of members will be retiring;

Whereas it is vital to prepare the next generation of leaders;

Whereas the Québec Youth Committee is proving successful; and

Whereas similar initiatives within the Institute should be considered;

Be it resolved that each of the Regional Directors consider the appropriateness of identifying one or more young activists in their respective region, thereby encouraging the creation of a Regional Youth Committee.

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P-13 (2016) BILINGUAL CHAIR FOR THE INSTITUTE’S AGM - REVISED

Whereas the Institute’s By-Law 27 establishes the principle of equality of both official languages; and

Whereas the Institute’s AGM is usually chaired by a unilingual Anglophone person;

Be it resolved that, starting with the 2017 AGM, the Institute’s AGM will be chaired by a bilingual person.

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P-3 NCR Region Boundaries

Whereas Institute By-Laws allows members' participation based on residence or place of work, refer to

11.1.2 A Member may choose to be active in the regional structures where he resides, works or last worked. No member shall have rights in more than one (1) region. AGM 2015

Whereas the NCR Region is defined by Institute By-Laws as:

4.2.1 National Capital Region - shall generally coincide with the official map published by the National Capital Commission and deemed to include the are encompassing Atomic Energy Canada Limited at Chalk River as well as Petawawa. AGM 2006

Whereas AECL no longer employs PIPSC members of the Chalk River Professional Employees Group (CRPEG), the employer is now called Canadian Nuclear Laboratories (CNL) since 2014;

Whereas workplaces can be easily determined by their civic address in the cities of Ottawa, Gatineau, Petawawa and Chalk River, many members reside in the suburbia outside these cities. The growth of residential areas (cities and their suburbs within commuting distance) is reflected in Statistics Canada's census since 2002 but is not reflected in the act that permit land acquisition by the National Capital Commission. Such that residents of Rockland and Embrun (among others) are now included in the Ottawa-Gatineau Census Metropolitan Area (CMA) and they are within commuting distance of government offices in downtown Ottawa and Gatineau. Residents in these urban areas are generally not deemed to be in PIPSC's Ontario Region. Note that Residents of Kingston and Cornwall areas are not included in Statistics Canada' Ottawa-Gatineau CMA but are generally deemed to be in PIPSC's Ontario region as defined by Institute By-Laws 4.2.4.

Be it resolved that PIPSC research and clearly define the boundaries of the NCR to ensure the inclusion of all NCR members in Ottawa, Gatineau, Petawawa, Chalk River and surrounding areas as currently defined by the PIPSC Bylaws,the NCC definition and the Statistics Canada Census Metropolitan Area and report back to the 2018 PIPSC AGM with proposed amendments to PIPSC bylaw and/or policy amendments.

Be it further resolved that PIPSC studies the issue of regional affiliation, costs, applicability and purpose of By-Laws 4.5; to review and report back to the 2018 PIPSC AGM with corrections and revisions to PIPSC By-Laws, interpretation and Regulations related to regional affiliation with the aim of achieving one region per member that does not affect the By-Laws, regulation or practises of other constituent bodies or organization.

Resolutions Sub-Committee Comments - No comment

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P-4 Use of Gender Balanced Language in PIPSC By-Laws, Regulations and Policies

Whereas PIPSC identifies gender in various by-laws, regulations and policies by including a “Context and Gender” section which generally states, “…expression in the masculine or feminine gender, in plural or in singular, may be substituted to give the effect to the true meaning of the…”; and

Whereas other federal unions such as the Public Service Alliance of Canada and the Canadian Association of Professional Employees have adopted gender balanced language in their constitutions, by-laws, regulations and policies in French and English;

Be it resolved that PIPSC amend the PIPSC By-Laws and Regulations and all existing Policies to reflect gender balanced language;

Be it further resolved that all PIPSC Constituent bodies update their by-laws, regulations and policies to reflect gender balanced language within two years of their next AGM for member approval; and

Be it further resolved that PIPSC no longer allows a “Context and Gender” section in any future documents.

Resolutions Sub-Committee Comments - If adopted, this resolution would require the amendments of more than 400 Institute documents. An undetermined cost would be required for in house/external translation work.

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P-5 Order of resolutions at AGMs

Whereas the AGM is an important decision-making body of the Institute;

Whereas it is important to maintain the current length and frequency of the AGMs to both limit costs and stay in touch with the realities faced by the Institute;

Whereas Constituent Bodies include many people;

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

Whereas AGMs are attended by a few hundred delegates; and

Whereas there is a process related to the approval of resolutions at AGMs;

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

Resolutions Sub-Committee Comments - No comment

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P-6 Self-Identification of PIPSC Volunteers in Equity-Seeking Groups

Whereas the Institute endorses the principle of employment equity, and

Whereas we do not currently have a quantitative mechanism in place to assess equity group participation within our volunteer positions, and

Whereas collecting data through self-identification could enable the Institute to better understand both its current state of equity group participation, and trends in that participation over time; therefore

Be it resolved that the Institute put in place a voluntary self-identification process for stewards and executives to identify as belonging to the equity groups defined by the Employment Equity Act, with the addition of a non-binary gender option; and

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

Resolutions Sub-Committee Comments - No comment

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P-7 Cancellation of Union Meetings

Whereas PIPSC volunteers on committees and executives attempt to balance union activity, work, and family life, and

Whereas some members work in a continuous operation and once leave has been granted for union business in order to attend a meeting for which salary replacement is required, those shifts are taken by other members, and

Whereas when a union meeting is cancelled on short notice, the committee or executive member could face financial loss as their initial shifts may not be available or could only be recovered by cancelling the members that have picked up those shifts, and

Whereas it is difficult to cancel another member’s shift and still maintain good relations with those members as they too may suffer financial loss should they have to give the shifts up on short notice;

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

1. Committee and executive meetings are tentatively scheduled for the entire year, at the first meeting of the year;

2. The coordinator of the meeting will provide a minimum of two (2) weeks’ notice of cancellation of any meeting for which salary replacement may be required, either by e-mail or telephone;

3. Committee or executive members will contact the coordinator of the meeting in a timely manner to acknowledge that they are aware of the cancellation of the particular meeting;

4. If a committee or executive meeting is cancelled with insufficient notice for a member to pick up the shifts previously given up, that member is entitled to salary replacement for any shifts they were unable to recover

Resolutions Sub-Committee Comments - No comment

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P-8 Policy on Union-Management Relations: Consultation and Co-Development

Whereas union-management consultation is a forum to raise issues, share information, advice and concerns about programs, policies and procedures, with a view to resolving problems and concerns; and

Whereas consultation is a constructive exercise to promote understanding and problem solving between the Institute and the employer, at a level appropriate to resolve the issues in an atmosphere of mutual respect and trust; and

Whereas a Consultation President plays a critical senior role in supporting the membership in a Department or Agency nationally; and

Whereas occasionally no Steward from a department or agency volunteers for the position of Consultation President;

Therefore be it resolved that when no Steward candidate for the position of Consultation President is available from a department or agency that PIPSC shall send out a call of interest to all Stewards. Accordingly section 12 of the Policy on Union-Management Relations: Consultation and Co-development be amended:

1. A request for interested parties will be sent to all Stewards in a Department or Agency. It will contain a description of expected duties and time commitment as well as expected travel and potential to be away from the job the member was doing.

a) (New) If no Steward responds then a similar request with necessary modifications such as timelines, will be sent to the Stewards in all other Departments or Agencies.

Resolutions Sub-Committee Comments - No comment

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P-9 Dispute Resolution & Discipline Policy (DRDP)

Whereas the Institute recognizes that disputes between members and matters which could require corrective measures, including discipline, may arise from time to time. This policy shall apply to:

1. The resolution of disputes between members; and

2. The imposition of corrective measures, including discipline where necessary

Whereas the Dispute Resolution and Discipline Policy and PART B – Member Conduct Roster state that:

Any Regular or Retired member is eligible to form part of the Roster, so long as they do not concurrently hold office as a member of the Board of Directors, or a President or Vice-President of a constituent body.

Therefore be it resolved that the intent of avoiding any conflict of interest be strengthened in the DRDP, Part B – Member Conduct Roster; by replacing President or Vice-President with on the Executive;

Therefore be it further resolved that the Steward Policy, section 12. Steward Appeal Roster, be similarly amended as follows:

Does not hold a position on the Board of Directors or office as President or Vice-President of a constituent body on the executive of a constituent body.

Resolutions Sub-Committee Comments - Under the current Dispute Resolution and Discipline process, each time a panel of peers is required to be struck from the Member Conduct Roster, the Office of the General Counsel takes active and consistent steps to ensure that each of the potential peer panel members being contemplated in a specific matter is capable of considering the matter with an open mind.

The restriction preventing only Presidents and Vice-Presidents of constituent bodies from being on either of the Member Conduct Roster or the Steward Appeal Roster is intended to be a means of balancing the need to limit the influence of politics, while not unduly restricting the pool of potential candidates.

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P-10 Dispute Resolution & Discipline Policy (DRDP)

Whereas the Dispute Resolution and Discipline Policy and PART D – Member Conduct Roster state that:

In all other cases, the General Counsel shall determine, in consultation with the President:

a) the most appropriate course of action given all the circumstances; and

b) the composition of the designated Panel of Peers, where required.

Whereas the avoidance of all possible political interference in such matters is critical to the membership of Institute;

Be it resolved that in consultation with the President be removed and that determine, be replaced with determine:

In all other cases, the General Counsel shall determine:

a) the most appropriate course of action given all the circumstances; and

b) the composition of the designated Panel of Peers, where required

Resolutions Sub-Committee Comments - No comment

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P-11 Dispute Resolution & Discipline Policy (DRDP)

Whereas certain Board members are currently active PIPSC Stewards representing members, including representing fellow Board members until the DRD Policy was changed in 2017; and

Whereas PIPSC members have a right to representation and to choose a representative that includes a choice to self represent; and

Whereas a PIPSC Director of the Board must comply with the PIPSC Conflict of Interest Policy and the Duty of Loyalty to PIPSC under the CNFPC Act; and

Whereas the DRDP, Part D – Allegations of Misconduct was recently amended by the majority of the Board of Directors to include the following:

“Members of the Board of Directors shall not act as representatives of any Institute member in relation to any matter at any stage of the process.”

Whereas a standing member of Board has not represented a PIPSC member who has taken action against PIPSC under the DRD policy; and

Whereas this amendment is discriminatory, does not address an issue and problematic in that it discriminates against the active Stewards on the Board of Directors, a Board member cannot self represent under the current policy and prevents highly skilled and experienced senior Stewards on the Board from assisting the membership;

Therefore be it resolved that the DRDP be amended as follows:

Members of the Board of Directors shall not act as representatives of any Institute member in relation to any matter at any stage of the process;

Resolutions Sub-Committee Comments - In March 2017, the Board of Directors (BOD) amended the Dispute Resolution and Discipline Policy to prevent members of the BOD from acting as representatives of any member in relation to any matter of discipline or dispute resolution at any stage of the process. The Board adopted this policy amendment further to a recommendation made by the President based on the following rationale advanced at that Board meeting:

BOD Members are elected by the membership and perform duties consistent with the Policy on the Institute’s Board of Directors and the Canada Not-for-profit Corporations Act that include:

1. Speaking on behalf of the Institute on issues as authorized by the President;

2. Participating, as required, on standing committee and Ad Hoc committees as established by the Board;

3. Submitting, in a timely fashion, a written report to the Board on the activities in their respective area of responsibility;

4. Actively working on their portfolio assigned by the President.

When the 2013 AGM adopted the current DRDP process, it was with a clearly-stated intention to de-politicize the process by removing complaints from the Executive Committee and the BOD.

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P-12 Whistleblowing Policy

Whereas a Whistleblowing Policy is a best practice for any non for profit organization; and

Whereas PIPSC is such an organization and yet does not have such a Policy; and

Be it resolved that PIPSC shall review the following suggested Whistle Blowing Policy and shall adopt this or a variation of this as a Policy before the 2018 AGM:

Whistle Blowing Policy Suggestion

PIPSC is committed to the highest ethical standards and does this by conducting its business with maximum integrity and by achieving full compliance with all applicable legislation, bylaws, rules and regulations. In line with this commitment, PIPSC provides a mechanism for PIPSC elected officials, members, staff, volunteers and other stakeholders to raise any concerns they may have about the subjects covered by this policy and to be assured that in making complaints they will be protected from reprisal or victimization for raising their concerns in good faith.

This policy covers instances where an employee, member or other stakeholder has evidence of activity ( an “Incident”) by any PIPSC elected official, officer, member, staff, volunteer or consultant (including external auditors) that to his/her knowledge constitutes:

• Accounting, auditing, or other financial reporting fraud or misrepresentation;

• Violations of federal or provincial laws that could result in fines or civil damages payable by PIPSC, or that could otherwise significantly harm PIPSC’s reputation or public image;

• Unethical business conduct in violation of any PIPSC corporate policy and bylaws;

• Danger to the health, safety, or wellbeing of PIPSC elected officials, staff, members, volunteers and/or the general public (including any real or perceived threat of workplace violence or harassment).

Complaints that are not made in good faith will be viewed as a serious offence and may be subject to discipline (DRD Policy) up to and including dismissal in the case of staff, and/or the severing of the relationship with volunteers, suppliers, or other stakeholders.

PIPSC will not permit any PIPSC official, member, staff or volunteers to harass, retaliate or discriminate against those other PIPSC officials, staff, members, volunteers and stakeholders (the Complainant) who, in good faith, report an Incident. Retaliation in any form will not be tolerated and should be reported using the channels detailed below.

Any violation of this Policy may subject the violator to disciplinary action (DRD Policy), which may include, in appropriate circumstances, termination of employment or legal action.

Purpose:

Encourage members, staff and others to raise serious concerns within PIPSC.

Procedure:

A Complainant may submit their confidential complaint in writing to the Office of PIPSC General Legal Counsel by completing the Incident form. A completed Incident form(s) should be sent to the above office by e-mail or by regular mail.

A Complainant may remain anonymous. However, in order to allow for a better investigation of a complaint, the complainant should consider identifying him/herself by giving their name, their telephone number and other contact information.

Even if such contact information is not provided, the substance of the complaint will be treated as confidential and not discussed with others except to the minimum extent necessary to conduct a complete and fair investigation.

In all cases, the person who is alleged to have committed the infraction will be made aware of the complaint at an appropriate point during the investigation.

Providing details on the subject matter of the complaint, whether the Complainant chooses to identify him/herself or not, the Complainant should give as much information as possible on the subject matter of the complaint so that the information is sufficient to enable a full investigation. Such information should include details as to where and when the incident(s) occurred, the names and titles of the individual(s) involved and as much other relevant detail as the reporting individual can provide.

Upon receiving notice in writing of an Incident, the action taken will depend on the nature of the Incident.

Complaints will be handled in the following way:

Internal investigation by the Office of PIPSC General Legal counsel shall normally be accountable for investigating and resolving most types of complaints made under this Policy. In certain circumstances, this Office may refer the matter to, or seek the assistance of, a third party neutral, employees or others depending upon the nature of the Incident. Under no circumstances will a matter be referred to a PIPSC elected official, member, staff or other who is the subject of any Incident or is otherwise an inappropriate person (conflict of interest) to assist with the investigation.

Investigation

1) By the Office of PIPSC General Counsel

If any Incident involves:

(i) questionable accounting or other matters which, if true, has, or even could have the potential to have, a material effect on PIPSC’s financial position or its future prospects; or

(ii) an alleged impropriety involving an elected Official, Officer, member or staff of PIPSC

The Office of PIPSC General Counsel will analyze the Incident and commence an investigation and may enlist the assistance of one or more employees and outside legal, accounting or other advisors, as may be appropriate to conduct the investigation.

2) By the Board of Directors

In the event that the complaint concerns the Office of the General Legal Counsel, it shall be investigated by the Board of Directors following the same procedures as in 1).

The results of the Investigation shall be directed to the appropriate entity, similar to the DRD Policy, when action is required with the applicable appeal rights.

Reports to the PIPSC Board of Directors

The Office of PIPSC General Legal Counsel will advise the Board of Directors of all complaints received (and the summary results of investigations) on a quarterly basis. PIPSC shall retain any Incident reports and resulting investigations for a period of not less than seven (7) years, or in an acceptable manner at the discretion of the Board of Directors. Such preservation obligation shall include the making of written summaries of any oral complaints or incident.

Resolutions Sub-Committee Comments – The current DRDP Policy, in conjunction with By-Law 24, provides a process to address misconduct.

The proposed resolution provides four (4) distinct circumstances in which the proposed Whistleblowing Policy could be involved without regard to the fact that By-Law 24 already addresses each of these circumstances:

1. Accounting, auditing or other financial reporting fraud or misrepresentation - this is captured by By-law 24.1.1(h) and (o).

2. Violations of federal or provincial laws that could result in fines or civil damages payable by PIPSC, or that could otherwise significantly harm PIPSC’s reputation or public image - this is captured by By-law 24.1.1(o).

3. Unethical business conduct in violation of any PIPSC corporate policy and bylaws - this is captured by By-law 24.1.1(a).

4. Danger to health, safety or wellbeing of PIPSC elected officials, staff, members, volunteers and/or the general public(including any real or perceived threat of workplace violence or harassment) - this is captured by the DRDP and Harassment Policy, in addition to legislated obligations and collective agreement terms negotiated with staff unions.

It is unclear how the proposed resolution would interact with the existing Dispute Resolution and Discipline Policy.

Any misconduct alleged against staff cannot be addressed through the Dispute Resolution and Discipline Policy, as this would violate labour and employment laws.

Finally, it should be noted that the Institute does not have the ability to compel external consultants or service providers to participate in such investigations. Suspected misconduct on the part of such individuals would need to be addressed via external administrative or legal procedures.

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P-13 Policy on Standing Committees of the Board of Directors

Whereas the Policy on Committees of the Board of Directors assigns the role and responsibilities to Committee Chairs to ensure that their Committee fulfils its mandate as set out in the Institute By-Laws, other governance documents, and/or as determined by the Board; and

Whereas a Committee Chair should be allowed the autonomy to manage the Committee for the effective and efficient functioning of the Committee;

Therefore be it resolved that the Policy on Committees of the Board of Directors be amended as follows:

11. Additional Roles and Responsibilities of Committee Chairs:

• The Chair will determine if and when the PIPSC staff resource(s) assigned to the Committee actually attend(s) a Committee meeting and is responsible for communicating this to the resource(s) in a timely fashion.

Resolutions Sub-Committee Comments - This would be outside the normal practice of assigning duties to staff which would normally be done between Committee Chairs and the COO.

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P-14 Stewards and the Steward Appeal Roster

Whereas Stewards are official representatives of the Institute and as such, they are the vital link between the union and the membership; and

Whereas By-Law 12.4.2.1 (Sub-Group, Branch and Regional Executives) may recommend Steward appointments to the appropriate Group Executive which, in turn, may recommend the appointment to the President and By-Law 12.4.2.2 A (Group Executive) may recommend Steward appointments to the President; and

Whereas the Steward Policy (Steward Appeal Roster) states that:

“Decisions made under the authority of the President to not approve a steward’s application or renewal request shall be communicated in writing to the applicant and will be referred to a Stewardship Appeal Roster”.

Whereas the Steward Policy does not include a steward election or indicate the time period for the communication of the President’s decision or that details leading to the decision be communicated;

Therefore be it resolved that the affected Steward, Group executive, Consultation president, Regional Chair and in the case of an elected steward, the electorate in the area of jurisdiction and the Stewardship Appeal Roster all be informed in writing within 10 working days of the President’s decision. The steward shall be provided with the details related to the decision.

Be it further resolved that Section 12 (Steward Appeal Roster) be amended as follows:

Decisions made under the authority of the President to not approve a steward’s application appointment or renewal request shall be communicated in writing, including the details related to the decision, within 10 working days from the time the official decision was made, to the applicant, Group executive, Consultation President, Regional Chair and in the case of an elected steward, the electorate in the area of jurisdiction and will be referred to a Stewardship Appeal Roster which shall consist of a maximum of twelve (12) members selected from amongst Regular and Retired members and appointed for a term of three (3) years.

Resolutions Sub-Committee Comments – The proposed amendment is inconsistent with By-Law 7.1.3.1 and The Institute’s Privacy Policy, as it would require sharing of personal information about identifiable individuals with a broad audience.

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P-15 Governance Reports

Whereas PIPSC has spent a significant amount of time and money over the years to have governance reports/reviews produced by outside consultants and contractors;

Whereas the recommendations provided should necessarily inform any governance decisions.

Be it resolved that the complete governance reports/reviews produced by recent consultants and contractors be released to members.

Resolutions Sub-Committee Comments : Releasing of information would need to be in compliance with Institute BL 7.

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