Draft 2019 AGM Minutes

Language of Origin - ENGLISH

 

THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA

MINUTES OF THE 100^th ANNUAL GENERAL MEETING

NOVEMBER 8-9, 2019

HILTON LAC LEAMY, GATINEAU, QC

Friday, November 8, 2019

Several housekeeping announcements were made.

President’s Opening Address and Executive Report

President Debi Daviau addressed the delegates, touching on the AGM theme “Leading Progress” and outlining the goals for the year ahead. She highlighted that everything from the Institute’s fight to protect public services, to reducing the levels of outsourcing back to 2005-06 levels. PIPSC will continue its work on salary equity and will be launching a new campaign. The complete video of the President’s address can be found on the website.

Presentation of Survey Results by Abacus

David Coletto, CEO of Abacus Data responsible for conducting our 2019 membership survey, addressed the results of the member survey in depth from the large increase of the overall satisfaction rate of PIPSC members and their priorities. Mr. Coletto explored various scenarios PIPSC could face where dues weren’t required, or worse, if PIPSC did not exist. PIPSC members are proud union members and many would still be supportive of our union. There is a lot of positive feedback gained from this survey and a lot to learn. The complete video of Mr. Coletto’s address can be found on the website.

CLC President’s Address to the 100^th AGM

CLC President Hassan Yussuff, a well-known champion for Canadian workers took the stage expressing his constant support for public service. President Yussuff highlighted the great work done by unions and the progress made in the last year. He celebrated the end to Bill C-27, new legal protections for victims of domestic violence and the progress made on Pharmacare.

AGM Chair, Sean O’Reilly called the 100^th Annual General Meeting to order at 10:45 a.m. and welcomed all delegates and observers. He introduced the head table, namely Debi Daviau (President), Stéphanie Fréchette (Parliamentarian) and Julie Gagnon (AGM Coordinator and Recording Secretary).

1. Observance of Moment of Silence

The meeting started with a minute of silence for members who passed away in 2018, followed by the National Anthem.

2. Approval of Agenda

Moved and seconded that the agenda be approved as amended.    Carried

3. Approval of Rules of Procedures

Moved and seconded that the Rules of Procedures for the 2019 PIPSC Annual General Meeting be approved.    Carried

4. Approval of the Code of Respect

Moved and seconded that the Code of Respect for the 2019 PIPSC AGM be approved.  Carried

5. Approval of Minutes

Moved and seconded that the minutes of the 99^th Annual General Meeting be adopted as presented.

A minor amendment was pointed out to the French version of the minutes, noting that that Richard East was the 2018 AGM Co-President.

The minutes, as amended, we approved. The motion carried.

6. Matters Arising from the Minutes

There were no matters arising from the minutes of the 2018 AGM.

7. Disposition of the 2018 AGM Resolutions

The report on the disposition of the 2018 AGM resolutions was received by the 2019 AGM.

8. Q&A Period on the President’s Address

The floor was opened to questions from the assembly.

Delegate R. Tellier thanked the President for her support on the CS Group’s fight against contracting out.

Q – Clarification was sought regarding information being disseminated on Phoenix not being replaced but fixed.

A – President Daviau clarified that this information is likely incorrect as products are currently being tested and pilots are being put in place. Some departments may be further away from transferring to the new system however, the Phoenix system will be replaced.

Q – What is the update on the form and procedure that to be forthcoming regarding the “Phoenix Week”.

A – The procedure was completed before the writ dropped but unfortunately the employer was not willing to communicate on this front during the election period. It will be rolled out in the coming weeks. All members will be informed.

Q – A delegate commented that the survey reported a 10% participation rate which in his view seemed low. He felt that perhaps this was a result of members not being aware that Abacus was going to conduct this survey.  This initiative was not well communicated.

A – President Daviau stated that she was unaware of the process followed for the survey but pointed out that it was communicated with members in advance. This being said, further confirmation from the Director of Policy & Communications can be provided.

Q – A CRPEG delegate enquired about PIPSC’s plans with new government to reinstate some of the Groups in the pension plan.

A – A private members’ Bill was submitted and discussions with government representatives are ongoing. The Institute is providing government with statistics and information to help in this very difficult fight. The Institute will continue to push forward on this front.

Q – Members have limited information on what they are owed as a result of Phoenix. What can PIPSC do to assist members?

A – It is difficult to figure out the amounts hence the reason Phoenix needs to be replaced and not fixed. Pay issues are being addressed in the interim however, it will still be a lengthy process.

Q – It was pointed out by a member of the “Contracting-Out Action Team” that some government contractors seem to be in favour of “fixing” Phoenix. Related to Phoenix, members who still have ongoing and unresolved issues are unclear on how to proceed and Stewards also find it difficult to assist and provide support.

A – The Institute’s Phoenix Help Team (increased to 8 staff) can respond and try to assist. Priority channels have been established to prioritize issues and have a deadline to address such cases. The loans program is also still available to members. PIPSC will be fighting for money owed through grievances.

The contracts on Phoenix are for stabilizing the system – not for fixing it. This could be verified if the contracts being referred to are shared with the Institute. PIPSC is aware and accepts that while the new system is being developed and tested, there will be more money sunk into Phoenix to stabilize it.

Q – Clarification was sought regarding Separate Employers’ Groups not included in the compensation agreement.

A – The President stated that there were strong assurances from the employers that the agreement would also be applied to Separate Employers’ Groups therefore it came as a surprised when PIPSC learned that this was not be the case. PIPSC will be fighting this, formally if needed.

Q – AV Group – smooth implementation of CA - Framework of a EWSP deal or actual agreement

A – There will be a fully developed EWSP plan designed but that is yet to be ratified on both sides. The plan design was negotiated, language is being developed and the entire package will be sent out to the membership for ratification. If ratified, this will be included in Collective Agreements Group by Group.

Q – Will there be information sessions on EWSP for members? Will the full agreement be made available?

A – Complete presentations will be given however details have not yet been worked out. The agreement will be ratified the same way as per collective agreements.

Q – There are critical Phoenix cases at CRA whereby deductions of pay are being made for pay not received. This needs to stop.

A – There is a priority channel with PSPC however, since CRA has its own pay system and pay centre, there is a lower rate of problem issues. It was suggested that concerns be raised with Mark Muench, member of the AFS Group Executive, who will assist. Grievances can also be filed.

Q – Additional information was sought on what the Institute is doing concerning Workplace 2.0.

A – The activity-based workstations are the most concerning. PIPSC still sits at the discussion table and is making sure that all gaps on the current system are addressed (accommodations, quiet space, common spaces, etc).

Q – What happens to leave balances if they are not taken by the set deadline (Phoenix damage leave)?

A – Duplicate arrangements were made with CRA to cater to its particular situation (separate code unique to CRA). Anyone in an “excess leave” situation would need to cash out their leave and if not, the leave would be rolled in. This would need to be verified with the AFS Group Executive.

President Daviau closed the Q&A session by telling delegates she would be available throughout the AGM to answer more questions.

9. Proposed By-Law Amendments

9.1 B-1 BY-LAW 17 – COMMITTEES OF THE BOARD – Sponsor: Board of Directors

Moved and seconded that,

Whereas In June 2014, the PIPSC BOD adopted the recommendations of the Institute of Governance (IOG) to update its executive compensation methodology to one that was more evidence based and incorporated best practices in compensation; and

Whereas in 2015, the PIPSC BOD adopted a three year work plan prepared by the Executive Compensation Committee (ECC) that included updating PIPSC By-Laws, Policies and Practices related to compensation for executives at the Institute; and

Whereas the By-Laws related to executive compensation should accurately reflect the actual practices and procedures of the Institute and the mandate approved by the BOD;

Be it resolved that By-Law 17.5.2 be amended as follows:

17.5.2 Mandate - The Executive Compensation Committee shall:

a) Review and make recommendations to the Board with respect to all matters of compensation and terms and conditions of employment for the President, the Vice Presidents Managers and other excluded employees and the Chief Operating Officer and Executive Secretary.

b) Review and make recommendations to the Board with respect to the compensation philosophy for all excluded Staff to be implemented by the Chief Operating Officer and Executive Secretary.

Resolutions Sub-Committee Comment: The mandate approved by the Board is being enshrined in BLs.

The Institute on Governance (IOG) reviewed the Institute’s governance philosophy and made several recommendations to the Board of Directors. The intent of the motion is to standardize the process followed since then, as approved by the Board of Directors.

The motion was amended as follows, as the word “philosophy” brings more confusion to the resolution:

b) Review and make recommendations to the Board with respect to the compensation philosophy for all excluded Staff to be implemented by the Chief Operating Officer and Executive Secretary.

The amendment carried.

The motion, as amended, carried.

9.2 B-2 BY-LAW 14 – FINANCIAL MATTER AND FEES – Sponsor: Board of Directors

Moved and seconded that,

14.1.9.1 The proposed budget for the fiscal year next following an Annual General Meeting shall be published sixteen (16)  four (4) weeks in advance of and submitted to the Annual General Meeting for approval.

Resolutions Sub-Committee Comment:  No comment

Given the change to the fiscal year end, the mover explained that the 16 week deadline was problematic for the Finance Section to finalize financial statements in time for the Board’s review, as they are not available until the end of September. Appropriate time is required in order to prepare an accurate budget for the Board and for the AGM.

Some were of the view that although 16 weeks is long, four weeks does not provide sufficient time to allow delegates to fully review the financial statements and adequately prepare for the AGM. The additional time is needed so members can submit financial resolutions accordingly. The proposed time difference is too significant.

Some felt that four weeks is a sufficient amount of time to review financial statements. Due to the fiscal year end of June 30^th, the current timeline is not possible to work within.

The motion was amended as follows:

14.1.9.1 The proposed budget for the fiscal year next following an Annual General Meeting shall be published sixteen (16)  four (4) six (6) weeks in advance of and submitted to the Annual General Meeting for approval.

The mover of the amendment stated that an additional two weeks would be a good compromise for both delegates and the Finance Committee however, some still felt that six weeks may not meet the intent of the original motion.

The amendment carried.

The amended motion, carried.

9.3 B-3 BY-LAWS 19, 20, 21- RESPONSIBILITIES – Sponsor: Board of Directors

Moved and seconded that,

19.2.1.1 The President shall not be a member of a Group, Sub-Group, Region, Branch, Guild or Chapter Executive.

20.2.1 The Vice-Presidents shall not be a member of a Group, Sub-Group, Region, Branch, Guild or Chapter Executive.

21.2.1 A Regional Director shall not be a member of a Group, Sub-Group, Branch, Guild or Chapter Executive.

Resolutions Sub-Committee Comment:  No comment

It was pointed out that the amendment was being made for consistency purposes.

The motion carried.

9.4 B-4 BY-LAW 17 – COMMITTEES OF THE BOARD – Official Languages Committee – Sponsor: Board of Directors

Moved and seconded that,

Whereas the Board of Directors, based on article 17.1.1 of the By-Laws, has the authority to establish Standing Committees (17.1.1 Standing Committees. The Board shall, as it deems necessary from time to time, establish Standing Committees whose mandates shall be specified in these By-Laws).

Whereas we are entering the year of the 50th anniversary of the Official Languages Act (“the Act”) and the government began a process in March 2019 to modernize the Act. The last changes to the Act, minor in nature, were made in 2005, while the last major changes date back to 1988, quite an unreasonable amount of time. This modernization, called for by many stakeholders and interest groups (such as the Office of the Commissioner of Official Languages, the Senate of Canada, representatives of minority language communities) may have an impact on the members we represent, on the services they receive and on their capacity as well as the support the government provides to these workers. The Institute must be willing and able to take on a leading role in this exercise.

Whereas several reports have shown a deterioration of services offered in both official languages across Canada, particularly in unilingual areas, as demonstrated by the many reports produced by the Office of the Commissioner of Official Languages in the past 18 months. In this respect, PIPSC signed, on December 13, 2018, a joint letter from the federal public service unions urging Ontario premier, Doug Ford, to reverse his decision to make cuts to services and institutions intended for the Francophone community.

Whereas we are continually hearing from our members about problems related to bilingualism in the workplace in matters such as the designation of positions, virtual teams, unilingual supervision of workers, unilingual consultants and work tools; and these problems limit their ability to do their jobs properly and to advance. The most recent report of the Office of the Commissioner of Official Language is clear in that regard:

Whereas several key stakeholders such as the Privy Council and the Public Service Commission of Canada have publicly supported the withdrawal of the bilingualism bonus—report published by the Privy Council entitled The next level: Normalizing a culture of inclusive linguistic duality in the Federal Public Service workplace (June 2017) without having consulted the bargaining agents. And since the National Joint Council, which has been supervising application of the Bilingualism Bonus Directive since 1977, has been since considering the option of reopening the directive for negotiation. The Institute must be ready to present submissions as part of the negotiation process.

Be it resolved that the AGM formalize the creation of an official languages standing committee of the Board.

17.XX Official Languages Committee

17.XX.1 Composition - There shall be a Committee of the Board to be known as the Official Languages Committee consisting of five (5) to seven (7) members.

17.XX.2 Mandate: The Official Languages Committee shall:

1. Be responsible for providing advice and recommendations on language rights and best practices to the Board of Directors;

2. Make recommendations on the implementation and enforcement of its Policy on Official Languages to achieve language equality.

Resolutions Sub-Committee Comment: The cost of a regular committee of the Board is $50K.

The Working Group on Official Languages was put in place in 2015 and has been providing valuable information and recommendations to the Board on a regular basis since then. As such, the resolution was brought forward to put in place a permanent standing committee of the Board to move forward with the important issues pertaining to official languages, to assist members who are impacted in their workplace and to promote official languages for Canadians overall.

This would be another way to ensure that PIPSC continues to support and protect the linguistic rights of its members. The new standing committee would make recommendations on broader issues - not only those internal to PIPSC. There are still gaps that need to be addressed and having such a body in place would help identify and address those gaps.

Some were of the view that PIPSC is already providing fully bilingual services to its members and is well ahead of language equality therefore there was no need to invest in such a committee. Establishing such a committee may not be what is required. Although equality between languages is key, the issue may be around the lack of resources. A study should be done on what and where the gaps are.

It was pointed out that as one union, PIPSC needs to recognize the solidarity of all involved. This is about every member’s right to participate fulsomely in Institute affairs. The entire membership needs to have the means to contribute to Institute activities in their language of choice.

The question was called.

The motion was defeated.

9.5 B-5 AMENDED INSTITUTE BY-LAWS AND POLICIES – Sponsor: Board of Directors

Moved and seconded that,

Whereas the Board of Directors established a Policy Review Working Group to assess and reshape the entire suite of Institute policies; and

Whereas the Working Group created a framework to structure existing policies into more clearly defined and easily differentiated categories, and mapped all existing PIPSC policies and regulations to the framework; and

Whereas during the review the Working Group came to the conclusion there was very little difference between the process to enact a policy or regulation and therefore decided that all existing regulations should be incorporated into policy or By-Laws; and

Whereas the Board approved the new policy suite with these changes;

Be it resolved that all references to regulations be changed to reference policies and the remaining regulations that are not incorporated into the new policy suite be changed to By-Laws per the recommendations of the Working Group as outlined below. The 3 regulations that were incorporated into bylaws are noted by an *.

Title: BY-LAWS AND REGULATIONS

TABLE OF CONTENT 

BY-LAWS AND REGULATIONS and all references to Regulations in the table of contents would be stricken.

Line before the Preamble: BY-LAWS AND REGULATIONS

10.1.4 Constitution Each Group shall be governed by a Constitution consistent with these By-Laws and Regulations, providing as a minimum, the right of each member to be candidates for and vote for the election of Group Executive members. Each Group shall, upon amendment of its Constitution, submit it to the By-Laws and Policies Committee for review. Any amendments to the Constitution shall take effect only upon approval by the Board and ratification by the Group membership.

10.2.5 Cause for Dissolution A Sub-Group may be dissolved for failure to comply with its own Constitution that of the Group or the By-Laws and Regulations of the Institute, subject to the recommendation of the appropriate Group Executive and approval by the Executive Committee.

10.4.4.1 AC Director Only representatives of the Advisory Council shall be eligible to run for, vote for and hold the position of AC Director. The AC Director shall be elected as provided for in these By-Laws and Regulation. The AC Director shall have the right to vote at AC meetings.

*New 10.4.4.1.1 The incumbent AC Director shall be considered a Group representative and shall be eligible to stand for re-election.

11.2.5 Cause for Dissolution A Branch may be dissolved for failure to comply with its own Constitution, that of the applicable Region or the By-Laws and Regulations of the Institute, subject to the recommendation of the appropriate Regional Executive and approval by the Executive Committee.

12.2 Duties and Responsibilities The duties and responsibilities of a Steward shall be as defined in the Regulations Policies.

12.3 Term Stewards shall be appointed for a term as specified in the Regulations Policies.

13.1 General Meetings Unless otherwise specified in these By-Laws and Regulations, any reference to Annual or Special General Meetings or General Meetings refers to Meetings of the members.

14.2.2.1 Direct Payment If, for any reason other than as stated in these By-Laws and Regulations, a monthly fee is not paid by deduction from salary, it becomes payable directly to the National Office. When members become personally responsible for the payment of fees, they shall be invoiced for any amount owing.

15.2.5 Regulations Policies

15.2.5.1 The Board may make such Regulations Policies not inconsistent with the By-Laws or Letters Patent of Incorporation of the Institute as it deems necessary or convenient for the operation of the Institute.

15.2.5.2The Board may amend or repeal such Regulations Policies.

15.2.5.3 All additions, changes or deletions to the Regulations Policies take effect on a date to be determined by the Board and shall be reported to the next Annual General Meeting. A General Meeting may repeal or suspend any Regulations Policies.

17.2.2 Mandate The By-Laws and Policies Committee shall be responsible for:

a) providing advice on the interpretation of the Institute By-Laws and Regulations Policies and the Constitutions and Regulations of constituent bodies;

b) scrutinizing proposed amendments to the Institute By-Laws and Regulations Policies to ensure consistency with current By-Laws and Regulations Policies, and

c) scrutinizing constitutions of constituent bodies and proposed amendments thereto to ensure consistency with the Institute By-Laws and Regulations Policies. Such Constitutions and any amendments thereto shall take effect upon approval by the Board and ratification by the constituent body concerned,

17.2.3.2 Mandate All proposed resolutions for the Annual General Meeting shall be submitted by the proposer(s) to the Resolutions Sub- Committee for examination. The Sub-Committee may make recommendations as to the validity, legality and clarity of the proposed resolutions to the proposer(s), to the Board and to the Annual General Meeting. *The Resolutions Sub-Committee may rewrite, combine, or substitute resolutions, prepare a composite resolution, or prepare a policy paper to cover the question at issue, so long as such modifications do not contradict the intent of the proposer. Such recommendations are not binding on the proposer(s). However, if the Sub-Committee believes a resolution contravenes the Institute Policy on Harassment or the Canadian Human Rights Act, the proposer(s) shall be given an opportunity to revise the resolution before recommending to the President that the resolution be rejected and the proposer(s) so informed. AGM

17.3.2 Conduct of Elections The Elections Committee shall be responsible for the conduct of Institute elections for Officers and Directors, other than the AC Director, according to the By- Laws and Regulations Policies of the Institute and shall adopt such administrative procedures as may be necessary to conduct that election.

17.3.3 Alleged Violations All alleged violations to these By-Laws or Regulations Policies must be reported to the Elections Committee within thirty (30) days of the election. The Elections Committee shall advise the affected persons of any such action.

17.4.2 Appeal Procedures Within forty-eight (48) hours of receipt of any such decision of the Elections Committee, any party directly affected by the complaint may submit an appeal of the decision to the Elections Appeals Committee to determine whether the Elections Committee has acted within its mandate in rendering such a decision. *Appeals will be limited to decisions of the National Elections Committee and Group elections committees.

19.2.1 The President shall be the Chief Executive Officer, Chair of the Board and Chair of the Executive Committee and may chair other Committees as designated in these By-Laws. The President is an ex-officio member of all Committees except where excluded by these By- Laws and Regulations Policies.

24.1.1 Any member who engages in the following misconduct may be subject to discipline in accordance with the Dispute Resolution and Discipline Policy:

a) Violating any provision of the Institute’s By-Laws and Regulations or Policies; or the By-Laws, Regulations or Constitutions of any Institute constituent body;

25.1 Where the Board of Directors has reason to believe that any constituent body is (a) acting contrary to the By-Laws, Regulations or Policies of the Institute;

26.1.3 Rules The Rules governing the award of a gold medal shall be formulated by the Board and included in the Regulations Policies.

26.2.3 Rules The Rules governing the Life Membership Award shall be formulated by the Board and included in the Regulations Policies.

26.3.3 Rules The rules governing the Institute Service Award shall be formulated by the Board and included in the Regulations Policies.

26.4.3 Rules The Rules governing Citation Certificates shall be formulated by the Board and included in the Regulations Policies.

26.5.3 Rules The Rules governing Honorary Membership shall be formulated by the Board and included in the Regulations Policies.

26.7.5 The rules governing the Institute Scholarship Fund shall be adopted by the Board and included in the Regulations Policies.

26.8.3 Rules The Rules governing the award shall be formulated by the Board and included in the Regulations Policies.

Resolutions Sub-Committee Comment:  No comment

The Board of Directors established a Policy Review Working Group to assess and reshape the entire suite of Institute policies. The end goal of the project was to have a suite of Institute policies (By-Laws, Regulations and Policies) that:

• s intuitive,
• is easy to navigate,
• is written in plain language for ease and consistency of interpretation, and
• supports efficiency

The policies and regulations were systematically reviewed to:

• clarify and simplify the language and the rules
• reformat the policies into a common, more easily referenced format
• identify and remove duplications and overlaps – this led to a recommendation to fold regulations into the policies rather than keeping the two categories of policy instruments (the remaining regulations would be moved into BLs, if approved by the AGM)

• identify gaps and issues and make recommendations to address them, possibly including recommendations for bylaw changes

After three years of review work, consultation and surveys were conducted.

Moved and seconded that the motion be split to allow for BL 17.2.3.2 to be addressed separately.

17.2.3.2 Mandate All proposed resolutions for the Annual General Meeting shall be submitted by the proposer(s) to the Resolutions Sub- Committee for examination. The Sub-Committee may make recommendations as to the validity, legality and clarity of the proposed resolutions to the proposer(s), to the Board and to the Annual General Meeting. *The Resolutions Sub-Committee may rewrite, combine, or substitute resolutions, prepare a composite resolution, or prepare a policy paper to cover the question at issue, so long as such modifications do not contradict the intent of the proposer. Such recommendations are not binding on the proposer(s). However, if the Sub-Committee believes a resolution contravenes the Institute Policy on Harassment or the Canadian Human Rights Act, the proposer(s) shall be given an opportunity to revise the resolution before recommending to the President that the resolution be rejected and the proposer(s) so informed. AGM

On the split motion (all except 17.2.3.2),

Some felt that this would be diluting the meaning of regulations by making them policy. Some were also unclear on the motive to eliminating regulations since they are tied to BLs and are separate entities from policies.

It was clarified that regulations and policies are very similar and can be amended by the Board. Former regulations were more of a policy format, hence the reason they were rolled into policy. There was no intent to eradicate or to dilute regulations in making them policy. Policies flow from BLs, similar to regulations and BLs can only be changed by the AGM. The AGM continues to have the supreme authority over BLs and policies.

It was also clarified that this was only applicable to national level BLs.

The motion carried.

10. Presentation on Professionals Canada (PC)

A point of order was raised at this time to point out that the resolution F-4 on PC should be put on the floor to allow for a full debate and for questions to be raised, as per the rules of procedure.

The Chair stated that the debate would be held at the same time as other budgetary resolutions, likely on Saturday.

Delegates felt they should be allowed to ask questions on the report. The Chair reiterated that in the essence of time, this would be done during the debate on F-4, or first thing at the start of the Saturday session.

The assembly challenged the Chair’s decision and requested that the discussion on the report not be rolled into the debate on the motion, as these were two different discussions.

The Chair then stated that the Saturday session of the AGM would start with a Q&A period on the PC report.

The BC/Yukon Regional Director Robert MacDonald then proceed to present the report of the Task Force on Professionals Canada, outlining the work done since the 2018 AGM.

The 2018 AGM had deferred the decision on PC until further consultations could take place. A Task Force of peers was nominated by the Advisory Council and the Board to review 90 documents associated with the proposal and to discuss 158 questions and comments generated by the members of the Board and the Advisory Council. All 158 questions and comments were answered or addressed. The Task Force reported the results of its review and assessment to the PC Steering Committee, Advisory Council and Board of Directors.

Member engagement and consultation resulted in an improved outcome. For example, as a result of the questions and comments regarding support of other labour organizations for the concept, the Canadian Labour Congress was approached. CLC President Hassan Yussuff issued an official letter to express the broader labour movement’s support of the proposal. In the report to the 100th AGM, the Task Force has identified no objection to the proposal.

11. Gold Medal Award Presentation

President Daviau presented the Institute’s Gold Medal to PIPSC member Dr. Xiaolan Wang to recognize her contributions to the understanding of climate change in Canada and internationally. Dr. Wang is a Senior Research Scientist at Environment and Climate Change Canada. Nancy Hamzawi, Assistant Deputy Minister of Science and Technology at Environment and Climate Change Canada, joined President Daviau in celebrating the achievements of Dr. Wang.

Dr. Wang’s research seeks to understand the past, current and future behaviour of regional and global climate. Now used by scientists in more than 50 countries, her statistical methods and user-friendly software have changed the way scientists assess climate trends. Dr. Wang is an example of the role model that the Institute’s Gold Medal is intended to honour. She is a visionary in the field of climate change research and is held in very high regard in Canada and internationally.

The tremendous contribution that dedicated professionals like Dr. Wang make to the public good confirms that the federal government has a unique role to play in scientific research. The federal government is responsible for creating and maintaining a climate in which fruitful research can take place and flourish.

Scientific research is a critical component of our success as a society – whether it is our ability to protect the health and safety of our fellow citizens, preserve our environment, or ensure future economic prosperity. Dr. Wang played an important role in Canada’s Climate Change Report released earlier this year. Canada’s climate is warming more rapidly than the global average and will continue to do so. The report helps illustrate that climate change is real and driven by human activity. According to Dr. Wang, it is important that climate change analysis be done by public sector scientists to guarantee the quality of the research when determining a global action plan against climate change. 

 “The work needs to be done in a systematic and sustained manner, and it needs long-term commitment, she says.  “Without a consistent data process conducted by skilled scientists, artificial data would slip through the cracks and drastically alter our knowledge about climate change.” Scientists like Xiaolan make sure errors like these don’t happen.

The Professional Institute established the Gold Medal Award program in 1937 to recognize professional public service employees whose outstanding work has led to the improvement and enhancement of public well-being.  The program promotes greater awareness of the role and value of professional public services in Canada and globally.  

(The AGM recessed at this time (3:35 p.m.) to reconvene on Saturday, November 9, 2019, 8:30 a.m.)

Saturday, November 9, 2019

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

Moved and seconded that resolution B-4 (BY-LAW 17 – COMMITTEES OF THE BOARD – Official Languages Committee) be reconsidered.

The Chair pointed out that reconsidering a motion would require a two-thirds majority vote from the assembly and that the motion would only be debatable on the reason(s) to reconsider.

The mover of the motion stated that the Institute needs to be inclusive of all its members and their right to speak their language of choice – English or French. PIPSC should be inclusive and the position taken at the Friday session did not reflect that inclusiveness therefore the matter should be reconsidered.

Some were of the view that the debate on this issue had already taken place and a vote was taken. A decision was made and the AGM should not be revisiting the matter at this time, even though the decision did not please all delegates.

Clarification was sought on the intent of the proposed BL as well as on the intended mandate of the Official Language Committee, if struck. It was pointed out that this would be a cost neutral resolution as a Task Force on Official Language TF has already been in place for the past three years with a budget of approximately $50K per year.

The question was called. The assembly proceeded to the vote on the motion to reconsider.

The motion was defeated.

13. Q&A Period on Professionals Canada

The assembly engaged in a Q&A period on Professionals Canada.

Q – Were there two focus groups of only 18 people to make a decision on an investment of $1.3M?

A – Yes, the focus groups were the next step following the review of the literature, market information and surveys conducted and the focus groups were asked to focus on specific questions. This was one component of the business plan.

Q – Would PC be a competing revenue source for PIPSC? What staff would be assigned to PC and would they be able to take on the additional workload?

A – Several revenue streams would flow back to PIPSC as PC would be a complementary organization. EROs, negotiators and Stewards would not be assigned to PC. This initiative would mostly involve IT and Communications staff, on cost recovery basis charged back to PC and would require only one new hire.

Q – Was the “for profit” benefits provider based on needs and demand?

A – The report demonstrates extensive market research, surveys, focus groups and reviews of other organizations similar to PC to identify gaps of services provided, all based on cost recovery and on market value services. This is about creating synergies and efficiencies.

Q – How does PC define precarious work?

A – In the PC context, it is a self-funded benefits program that would provide benefits to workers who have no access to basic benefits.

Q – What are implications to PIPSC if PC is revenue generating? Has this been taken to CRA in terms of tax implications?

A – There are no risks on this front as PC would be an arms-length organization. Seeking a “tax-free status” would be an important next step to take, if the motion passes. Within year four, PC would be revenue generating (based on conservative estimates).

Q – What are the substantive changes between last year and this year? There are ten other jurisdictions where this type of initiative has been successful based on the PC governance model.

A – In speaking to other similar organizations, this would be the best fit for our jurisdiction, being unique to the Canadian landscape and as an arms-length organization. If approved, the goal is to be successful. There would be another 12 months of research (market and governance) to ensure that success and to make sure there is no conflict with the interests of PIPSC.

Q – Will seeking tax-free status ensure PC is an arms-length organization?

A – The proposal takes into account a number of other similar type organization and a variety of models were used. Looking at the landscape, it was determined that an arms-length organization was best, unique to the Canadian marketplace. This was also based on experiences with the Building Trust and Legacy Foundation Trust, also arms-length organizations.

Q – How much will PC members be expected to pay per month and for what services?

A – Survey results show the highest interest for the $35 fee for service. Professional workers are looking for a community that would allow networking and to receive and/or share information on issues such as harassment, negotiating with marketers.

Q – What benefits will be provided and at what cost?

A – There have been preliminary discussions with providers however AGM approval is needed before moving forward with contract negotiations and creating service packages. Based on preliminary discussions, PC would offer better and more competitive services.

Q – Would this make PIPSC a for-profit, social / charitable organization?

A – All workers should enjoy the same benefits, just like PIPSC members. We need to build a community and make the lives of all workers better.

PC would generate revues just like ServicePlus. There would be an appropriate level of autonomy and control.

Q – Which industries are being targeted and what type of work do they do?

A – Small businesses and contract workers with no sense of community (1,000 to 3,000 to start).

Q – UNIFOR has a similar organization with only 60 members. What this taken into consideration?

A – Yes, it was.

Q – What are the “cons” of PC and what steps were taken to mitigate them?

A – A risk analysis summary is included in report, which also includes a mitigation strategy. All questions and concerns raised by members of the AC were addressed and answered. There are always risks to these types of projects and detailed work was done to look at those risks.

Q – What would be the return on investment since PIPSC would need to put the money upfront?

A – The rate of return will depend on the profitability of PC. The best rates of return would be establishing a community for all workers.

Q –– How were 420 professionals surveyed selected and were they reflective of 800K precarious workers? Were they representative of the demographics?

A – We would need to look into this and get back to you.

Q – Is there a back-out plan and who has the authority to pull out?

A – There are key performance indicators in place and measurements taken into account. There would be regular reporting to the Board of Directors (on quarterly basis) and to the AGM, who would have ultimate authority. A robust process was followed.

The Q&A ended at this time. Additional questions can be directed to members of the TF.

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

14.1 B-5 AMENDED INSTITUTE BY-LAWS AND POLICIES – Sponsor: Board of Directors (Cont’d)

On the second part of the split,

17.2.3.2 Mandate All proposed resolutions for the Annual General Meeting shall be submitted by the proposer(s) to the Resolutions Sub- Committee for examination. The Sub-Committee may make recommendations as to the validity, legality and clarity of the proposed resolutions to the proposer(s), to the Board and to the Annual General Meeting. *The Resolutions Sub-Committee may rewrite, combine, or substitute resolutions, prepare a composite resolution, or prepare a policy paper to cover the question at issue, so long as such modifications do not contradict the intent of the proposer. Such recommendations are not binding on the proposer(s). However, if the Sub-Committee believes a resolution contravenes the Institute Policy on Harassment or the Canadian Human Rights Act, the proposer(s) shall be given an opportunity to revise the resolution before recommending to the President that the resolution be rejected and the proposer(s) so informed. AGM

The motion was amended as follows:

17.2.3.2 Mandate All proposed resolutions for the Annual General Meeting shall be submitted by the proposer(s) to the Resolutions Sub- Committee for examination. The Sub-Committee may make recommendations as to the validity, legality and clarity of the proposed resolutions to the proposer(s), to the Board and to the Annual General Meeting. *The Resolutions Sub-Committee may rewrite, combine, or substitute resolutions, prepare a composite resolution, or prepare a policy paper to cover the question at issue, so long as such modifications do not contradict the intent of the proposer with the consent of the author of the resolution. Such recommendations are not binding on the proposer(s). However, if the Sub-Committee believes a resolution contravenes the Institute Policy on Harassment or the Canadian Human Rights Act, the proposer(s) shall be given an opportunity to revise the resolution before recommending to the President that the resolution be rejected and the proposer(s) so informed. AGM.

Some were of the view that training should be available to members to assist them in writing clear and concise resolutions. This being said, democracy still needs to be maintained in allowing any member to submit resolutions. This lines up with the values of the organization.

It was clarified that the Resolutions Sub-Committee’s (RSC) role is to ensure consistency with Institute BLs and policies and while doing so, the intent of resolutions is never changed but simply clarified, if needed. Authors are always consulted and resolutions are only changed if authors are in agreement.

The amendment carried.

The motion, as amended, carried.

14.2 B-6 BY-LAW 13 – GENERAL MEETINGS OF THE INSTITUTE - Bilingual AGMs – Sponsor: Québec Regional Council (f)

Moved and seconded that,

Whereas general meetings must be bilingual and are chaired by two co-chairs, one anglophone and one francophone;

Be it resolved that By-Law 13.2.9 be adopted:

13.2.9 (new) Meeting Chairs

13.2.9.1 Meetings shall be chaired alternately and equitably in both official languages, either by a bilingual Chair, or by an anglophone Co-Chair and a francophone Co-Chair.

Resolutions Sub-Committee Comment: This is consistent with current practice.

The motion was withdrawn.

14.3 B-7 BY-LAW 17 – COMMITTEES OF THE BOARD - Environmental Action Committee – Sponsor: Québec Regional Council (f)

Moved and seconded that,

17.XX Environmental Action Committee (NEW)

17.XX.1 Composition The composition of the committee shall be as specified in By-Law 17.1.3.

17.XX.2 Mandate The committee shall coordinate the Institute’s efforts and involvement in environmental activities. The committee shall also develop a strategy on respect for the environment in Institute activities.

Resolutions Sub-Committee Comment: The cost of a regular committee of the Board is $50K.

Some felt it was timely and of primordial importance to put in place such a committee, given the ongoing environmental issues that are of concern to members and to all Canadians. This would give PIPSC a strong voice to ensure those issues are addressed and that changes are made. The Institute needs to take action and send a message to the next generation that it supports initiatives to protect the environment – their future.

Some spoke against the motion, stating that there needs to be a complete shift of culture and this should be integrated in existing bodies at all levels. It was pointed out that PIPSC is already heavily involved with government regarding environmental issues and all governments are onboard. As such, there is no need to invest additional funds to set up a standing committee but simply support what government is already intending to do.

It was stated that the Environmental Action Committee would be in place to propose strategies and processes and to support the changes that need to be made at all levels. The Committee could also be used to ensure that better choices are made across the organization. Environmental changes are long- standing issues that needs close attention and PIPSC cannot be a leader in this area if its own look in-house issues are not addressed first.

The question was called.

The motion was defeated.

14.4 B-8 BY-LAW 7 – RIGHTS OF MEMBERSHIP – Sponsor: NCR Regional Council

Members that are Contractors with the Employer

Whereas PIPSC is a union and is to act in the best interest of its members; and

Whereas there is a risk that interests of members who are contractors for the employer may be contradictory to the best of interests of PIPSC members;

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

7.1 Regular and Retired Members Only Regular and Retired members who are not contractors for the employer 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 who are not contractors for the employer shall be eligible to attend General Meetings of the Institute. Only Regular members shall be eligible for appointment as Stewards.

7.1.x (New) Notwithstanding 7.1, any member who becomes a contractor for the employer will have their rights suspended until they are no longer a contractor for the employer. Any member holding an elected position at the time of becoming a contractor for the employer will be deemed to have resigned.

Resolutions Sub-Committee Comment: This resolution is ambiguous and is contrary to applicable labour legislation across the country.

Where a worker performs the work of a bargaining unit and is considered an “employee” under applicable legislation, that worker is included automatically into the bargaining unit.

If a worker is an “employee” under legislation, they are not a “contractor”. To prevent a bargaining unit member from becoming a regular or retired member because of prior work would likely be considered arbitrary.

The motion was ruled out of order as it was deemed to be arbitrarily excluding people from membership, which violates labour relations legislation. It was clarified that if debated, this would be considered a special resolution and would require a separate vote for each class of Retired and Regular members. A 2/3 majority from each class would be required for the resolution to carry.

The Chair was challenged on his ruling. Contractors are not part of PIPSC however there is a discrepancy in Regulations that would allow for either a retired or regular member to take a contract within government, for their benefit, which is actually taking away a job from a PIPSC member. This would not be taking away the rights of members to take contracts however their rights as PIPSC members would need to be suspended as it would be a conflict of interest and would go against the Institute’s fight against contracting out.

The assembly did not support the Chair’s ruling. The motion was deemed to be in order and it was moved and seconded.

Some felt that this would show solidarity and integrity at all levels of the organization regarding contracting out.

Some were unclear regarding the reference to the “employer”. As there are many separate employers, it would be difficult to apply this equitably. Although the intent of the resolution is good, it may not be the appropriate way to proceed. The focus should be on government contractors, not on restricting the rights of retirees. This goes against the interests of the Institute.

The motion was amended as follows:

7.1.x (New) Notwithstanding 7.1, any member who becomes a contractor for the employer will have their rights suspended until they are no longer a contractor for the employer any member holding an elected position at the time of becoming a contractor for the employer will be deemed to have resigned.

It was reiterated that a member’s privileges and rights should not be restricted or removed. Some members have no choice than to take contracts; a number of older members want to continue working but would be penalized on their pensions if do so therefore by taking contracts, they would be able to continue working.

Some were of the view that this would be similar to the notion of constituent bodies restricting the participation of retired members, which is permitted under the BLs. Contractors undermine the interests of the Institute and its members, an issue that needs to be fought against.

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

The BLPC would be tasked to bring recommendations back to the AGM on how to limit contractors in elected offices at PIPSC. The AGM provided the following instructions:

• Develop a clear definition of contractor
• Seek a legal opinion
• Ensure the Board and AC are implicated
• Report back to the 2020 AGM

The motion to refer carried. Action: BLPC

14.5 B-9 BY-LAW 15 - BOARD OF DIRECTORS – Eligibility – Sponsor: NCR Regional Council

Moved and seconded that,

Whereas the Institute is subject to the provisions of the Canada Not for Profit Corporations Act (“CNFPCA”); and

Whereas incorporating key provisions of the Act in Institute By-Laws helps to ensure that all of our members, Directors and Officers of the Institute do not inadvertently contravene provisions of the CNFPCA;

Be it resolved that By-Law 15.3 be adopted as follows:

By-Law 15.3 (New) A person is eligible to be a Director if they:

a) Are a member of the Institute;

b) Are at least 18 years of age;

c) Have not been declared incapable by a court in Canada or elsewhere; and

d) Are not an un-discharged bankrupt

By-Law 15.3.1 - Ceasing to be a Director (New) A Person shall cease to be a Director:

a) Upon the date which is the later of the date of delivering their resignation in writing to the secretary of the Corporation or to the Registered Office and the effective date of the resignation stated therein;

b) Upon ceasing to be eligible pursuant to BL 15.3;

c) Upon their removal; or

d) Upon their death.

Resolutions Sub-Committee Comment: The Canada Not-for-Profit Corporations Act (the Act) already sets out that a corporation is required to comply at all times with the Act and its articles of continuance. It is well established in law that By-Laws cannot trump legislation and that any interpretation of those By-Laws must be done in light of the governing legislation and articles of continuance. The proposed amendment is not required as it mirrors the Act.

This would provide clarity to Institute BLs, in line with the NFP Act.

Some viewed this as unnecessary to be enshrined in BLs as it is already in the Act, which is referenced in BLs. The information could simply be published as part of the elections materials.

The motion was defeated.

14.6 B-10 BY-LAW 16 - MEETINGS OF THE BOARD – Sponsor: NCR Regional Council

 Moved and seconded that,

Whereas the Institute is governed by its members at General Meetings of the Institute. Between those General Meetings, the control of the Institute is in the hands of members through an elected Board of Directors who implement policy and manage operations between General Meetings of the Institute; and

Whereas Board Meetings, other than Closed Sessions, are open to any member of the Institute; and

Whereas all members should be able to observe Board meetings regardless of their location; and

Whereas openness and transparency is key to an informed and engaged membership;

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

16.2.1 (New) A notice of Board meetings will be place on the website with location detail as well as a copy of the proposed agenda one week prior to the proposed meeting date.

16.2.2 (New) Any member in good standing can request copies of any briefing materials submitted in support of an agenda item, except for those submitted in confidence.

16.2.3 (New) Any member in good standing can request to observe a Board meeting by alternative secure means, as deemed feasible by the Board, subject to an advance request.

Resolutions Sub-Committee Comment: No comment

The mover of the motion stated that this new practice would bring transparency and inclusiveness with respect to the Board’s decision-making.

Concern was raised with the possibility of breaking confidentiality if access to Board materials was given as it could be used out of context. This practice would not increase transparency but could lead to more problems. It would also inhibit the Board’s ability to conduct its affairs. Transparency is through Board minutes, which are posted on the website and available to all members. This will simply result in a more bureaucratic process.

It was clarified that if passed, it would still be at the discretion of the Board whether to allow observers or not (word “can”). It was also clarified that this could incur cost, although difficult to estimate.

Motion to split as three separate motions

16.2.1 (New) A notice of Board meetings will be place on the website with location detail as well as a copy of the proposed agenda one week prior to the proposed meeting date.

This was a commitment from the Board Chair from April 2019, which was not complied with. This would ensure it is done.

The motion carried.

16.2.2 (New) Any member in good standing can request copies of any briefing materials submitted in support of an agenda item, except for those submitted in confidence.

It was pointed out that Board meetings are challenging but that adjustments are being made to make them more efficient. Such a resolution will not help and will make things even harder for the Board. This is allowing the AGM to get too deeply involved and prescriptive in this level of details. Although transparency is important, it should not be at the risk of making sensitive materials public. This would not be conducive to the best interest of the Institute.

The question was called.

It was clarified that the intent of the motion was that observers attending Board meetings in person would be provided with meeting materials.

The motion was defeated.

16.2.3 (New) Any member in good standing can request to observe a Board meeting by alternative secure means, as deemed feasible by the Board, subject to an advance request.

Being a national organization, this would be creating a fair and equitable playing field for all members by allowing members from outside the NCR to observe Board meetings. The Board should welcome more participation and more perspective on the functioning of the Board.

It was noted that having open meetings would not be conducive to transparency but would further politicize the Board. Such a practice is not supported by literature and best practices. If there are concerns regarding the inefficiency of the Board and if the interests of the organization are not being addressed, those concerns can be expressed through the election process, i.e. voting in a new Board.

The question was called.

The mover of the motion closed debate by stating that there is nothing in the BLs that would prevent observers from attending a Board meeting. A request is simply to be made to the Chair of the Board. It was clarified that observers are asked to leave the room when the Board moves into closed session.

The motion was defeated.

15. Stewards of the Year

The “Steward of the Year” award acknowledges those who have gone “above and beyond” their duties to assist members and who have made extraordinary contributions to the Institute. On video, Regional Directors introduced their Stewards of the Year. The distinguished Stewards addressed the AGM delegates and President Debi Daviau presented them with their award.  

Atlantic Region: Kim Skanes, Regional Director, and Laura Lee Mullin (SH)

Québec Region: Yvon Brodeur, Regional Director, and Renaud Guiard (CS)

National Capital Region: Mark Muench (AFS)

Ontario Region: Ginette Tardif (SH) and Peter Gilkinson, Regional Director

Prairie/NWT Region: Nancy McCune, Regional Director, and Chris Tyszkiewicz (AFS)

B.C./Yukon Region: Robert MacDonald, Regional Director, and Mike Paré (YHC)

16. Budgetary Resolutions

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

Moved and seconded that,

Be it resolved that the 2019 AGM receive the audited financial statements for the fiscal year ending June 30, 2019.

Resolutions Sub-Committee Comments: No comment

The audited financial statements were presented and a variance report was provided by the Chair of the Finance Committee, assisted by the Director of Finance & Corporate Services. The floor was then opened to comments and questions from the assembly.

Q – When will the amount of dues to support the BT (which was to be a revenue generating endeavor) be paid back to PIPSC and will it be with interest?

A – The building is currently rented at 93% and there will be in positive cash flow as of 2022, at which time the loan will be paid back.

Q – The statements reflect that only $149K was invested in 2017-2018 vs a budget of $1.1M that was to be invested. The Board should be investing in PIPSC before $1.3M is invested for PC.

A – Less was invested due to other expenses incurred (IT infrastructure and modernization, renovations at the national office) – a question of timing. The money will be invested this year.

Q – What is the relationship between PIPSC and its auditors to ensure there is no misuse of funds? The letter of findings from auditors should be shared with the Board and/or with the Finance Committee.

A – The internal controls are verified every year as part of the audit process and the management letter is shared with the Finance Committee and with the Board.

Q – The details regarding the Board’s discretionary funds should be provided to the AGM moving forward. Material decisions made by the Board on the use of its discretionary funds should be shared with the AGM.

A – The schedule is provided to the Board who could choose to make it public. That recommendation will be brought forward to the Board.

Action: Finance Committee

Q – How much was spent on PC in the last year as part of the consultation exercise?

A – Meetings were held in conjunction with other meetings and any travel outside of the NCR was included in the $50K budget allocated to the consultation exercise. There were no firms hired therefore no cost involved on that front.

It was also clarified that if PC is created, it will have its own line item (and no longer part of “other committees”).

Q – What is being spent on the CLC Convention and what is the return on that investment?

A – Participation to the CLC triennial convention was approved by a previous AGM, at which point $580K had been allocated.

Q – Clarity was sought on the reasons the line of credit was used.

A – It was clarified that it was used due to the delay in getting dues owed by the Treasury Board (because of Phoenix).

Q – A breakdown of funds being spent on DRDP was requested.

A – It was clarified that $1.3M was budgeted for legal fees, 30% of which was to deal with internal conflicts.

It was pointed out that the strike fund is funded on an ongoing basis through investments which doubled since the last dues increase.

The motion carried.

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

Moved and seconded that,

Be it resolved that BDO Canada be appointed as auditors of PIPSC and its related entities, for the 2020-2021 fiscal year.

Resolutions Sub-Committee Comments: No comment

It was pointed out that since PIPSC underwent its fourth audit with BDO, the Finance Committee would be considering other firms in the next year. That being said, it was also pointed out that BDO was among the top five firms in the country and was chosen as a result of a RFP process.

Action: Finance Committee

The motion carried.

16.3 F-3 Budget - Sponsor: Board of Directors

Moved and seconded that,

Be it resolved that the 2019 AGM approve the budget for the period of July 1, 2020 to June 30, 2021.

Resolutions Sub-Committee Comments: No comment

Resolution F-3 was tabled until all financial resolutions were dealt with. 

16.4 F-4 Professionals Canada – Sponsor: Board of Directors

Moved and seconded that,

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.

Be it further resolved that Professionals Canada be implemented in accordance with the plan and materials presented to the 2019 AGM.

Resolutions Sub-Committee Comments: All information pertaining to Professionals Canada (PC) can be found on the PC virtual binder.

The AGM engaged in a lengthy debate on resolution F-4.

Some were of the view that PC was a divisive issue and a distraction to the important issues of PIPSC. They felt the focus should be on the fight against precarious work - not on creating PC, which would encourage contract work. There would be conflict generated between PC members and PIPSC members which could result in members filing grievances to remove PC members from their jobs. PIPSC should perhaps focus on its members currently occupying “sunset positions”, which is a type of precarious work and on the CS Group, still without a contract.

Some spoke in favour of F-4, stating the Institute’s origins go back to a time when all civil service workers were precarious and by becoming a union, those workers’ rights were and continue to be protected. In this era of change, PC is about taking a bold step to assist members who can’t unionize and to provide them with a voice and a community. PC is what PIPSC was 100 years ago. It was about unrepresented members coming together to form a community – a union. This would be going back to PIPSC’s roots and the reason it exists today. In its 100^th year of existence, PIPSC should be progressive and increase its voice and its influence in the labour movement.

PC would not be targeting public service jobs but would seek to help those in precarious work situations. Contracting out is a battle against the Treasury Board, not with precarious workers. The gig economy is not the enemy and this proposal would foster mutual understanding between precarious workers and PIPSC members

The attacks on the public service are real (RAND formula, right to work) and it is time for PIPSC to expand and bring in more workers. No proposal comes without risks and it is a risk to remain stagnant. If and when issues arise, they would be dealt with. This would be an opportunity to help protect the rights of all professional workers.

As a community of professionals, PIPSC has had a positive impact on its members’ lives and it should continue to grow and lead progress. This would be the opportunity to be innovative and it would be a solution to break down barriers. The detailed proposal was well thought out and contracting out was addressed and was a significant part of the report. Rates of unionization are constantly decreasing and attacks on unions are ongoing. PC would be a chance to build capacity. If the initiative is not successful, the AGM still has the authority to put an end to it.

Some were unclear on whether or not PC would be a NFP organization and if additional costs and resources would be required for lobbying. The limited resources should be used to tackle PIPSC issues. PIPSC is a union of public service professionals and its mandate is not to create such an organization. There were still too many questions remaining.

Some viewed PC as supporting contract work in a different way. They were concerned with the risk of it not being an arms-length organization and with the risk of wasting $1.7M depending on how many members would join. Some also expressed concern with PC being created to generate revenue and how that money would be spent. PC would be a for-profit enterprise that would generate tax, however there was no ruling letter obtained. Some felt this would affect PIPSC as a NFP corporation and a ruling letter would have addressed this concern. PIPSC is growing and is not stagnant and it should not compromise its existing members. It should continue building on current challenges - not take on more.

Some gaps in the report were pointed such as a list of competing benefits and competing similar organizations, such as CIPS, around since 1958. Even though the report addresses some concerns, it did not outline clear solutions to all of them and it did not provide any clear details on the services that would be provided.

The question was called.

The motion was defeated.

16.5 F-5 Constituent Body Funding – Sponsor: NCR Regional Council

Moved and seconded that,

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

Whereas inflation continues to erode the ability of smaller Sub-Groups and Branches to effectively serve and communicate with their members;

Be it resolved that the annual allowance for Sub-Groups 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.

Note: Option 2 results in a larger allotment for a Sub-Group or Branch where the Branch or Sub-Group has membership in excess of 1,625 members. Under the current formula the number of members required for option 2 to result in a larger allotment is 1108.

Resolutions Sub-Committee Comments: The incremental cost would be $158K.

The intent of the motion was to provide additional funding to smaller Branches and Sub-Groups that are under-funded and that need this additional funding to conduct their business.

Some felt that the additional funding should come from their respective Group or Region. The significant cost that would be incurred should be considered.

This will needs to be properly codified to ensure appropriate funding.

The motion carried.

16.6 F-6 Interest on Expense Claims - Sponsor: CS Group

Moved and seconded that,

Whereas members should not incur costs when volunteering for PIPSC; and

Whereas at times, members incur interest costs due to late reimbursement of claims; and

Whereas sometimes staff is over-burdened and unable to meet a three-week turnaround for claim reimbursement,

Therefore be it resolved that members be allowed to submit a claim for any interest charges incurred on expenses related to a claim that is not reimbursed in a period of three weeks after submission of their claim.

Resolutions Sub-Committee Comments:

Travelers’ Recourse: Part B of the Institute’s Travel Policy allows travelers to request an advance every time they participate in Union business. This seldom used provision is meant to prevent travelers from being out of pocket and incurring interest costs.  Advance requests are always treated as a priority and are paid out the week preceding the travel.

Current cycle: The finance section’s workload is cyclical. Immediately after large events, the section receives significant volumes of claims and invoices which create a backlog. Meeting organizers then work closely with the finance staff to ensure claims are paid out as quickly as possible, while operating within the confines of the Institute policies.

On average, the turnaround time for claim reimbursement during a slow period is between 7 to 10 days and the turnaround time for claim reimbursement after large events is between 15 to 20 days.

Impact of the resolution: If passed, this resolution would have significant impacts on the workload of the finance section, particularly following large events. 

For example: The PIPSC AGM, as currently constructed, will generate over 1,000 expense and salary compensation claims. The three claim processors within the finance staff will be pressured to process and pay them all within a three week period.

As a result, it is expected that PIPSC would hire additional casual staff following large events to process claims.  The cost of this additional assistance is estimated at $65K. 

This would provide a safety net for members who may need to claim interest incurred from their expenses, pending the reimbursement of their claim.

It was noted that member have the option to request an advance, if needed. This would cause more unnecessary burden in the system and would slow down the reimbursement process.

The motion was defeated.

16.7 F-7 Group Annual General Meeting Duration – Sponsor: CS Group

Moved and seconded that,

Whereas the CS AGM is the governing event for the CS Group and impacts all CS members and the direction of the Group, the current format of one day does not leave sufficient time for all of the required business and training; and

Whereas the current networking meeting held on the Friday before the AGM is a required event and the current PIPSC event policy allows for meetings on Friday, Saturday or Monday, and that the Regional Council and Stewards Council are a day and a half;

Be it resolved that for all Institute Groups, that the duration of a Group AGM be increased up to two days at the discretion of the Group Executive.

Resolutions Sub-Committee Comments: The incremental cost would be $230K.

This would allow to potentially increase AGM participation and ensure that all the business gets done.

It was suggested that this be considered by the national AGM Task Force before making a decision.

The motion was amended as follows,

Be it resolved that for all Institute Groups, that the duration of a Group AGM be increased up to two days one and a half at the discretion of the Group Executive.

Some felt that this would still be too costly. It is not necessary to add more time to get the business done; if unaddressed, the remaining business could be referred to a Sub-Group Presidents’ meeting.

The amendment was defeated.

On the original motion,

Groups have the option of adding more time depending on the content of their AGM agenda. This doesn’t mean that all Groups are going to proceed this way.

Members want reports, information sharing and an opportunity for full debate as a collective. Additional time is often needed to complete the business. The

actual cost could be less as not all Groups would proceed this way. The maximum amount shown with the resolution is based on all Groups operating this way

The question was called.

The motion was defeated.

16.8 F-8 PIPSC Policy on Groups – Sponsor: RE Group

Moved and seconded that,

Whereas the purpose of a constituent body Annual General Meeting is to govern that constituent body; and

Whereas regular members of group should be able to meaningfully influence and modify the direction of the Group Executive; and

Whereas there are significant fixed costs to holding a Group AGM, regardless of delegate cost; and

Whereas Group Executive size is based on the need to represent regional and departmental diversity, which also applies to Group AGM delegates,

Be it resolved that the PIPSC Policy on Groups be revised to read:

 “for meetings made up of delegates where the Group has members in at least three different Regions, the number of accredited delegates will be the members of the Group Executive plus either: one delegate per two hundred (200) members of the Group, or, one greater than the size of the Group Executive as calculated in By Law 10.1.5, whichever is greater.”

Resolutions Sub-Committee Comments: This would increase the number of delegates by 328 therefore, the incremental cost would be $590K.

The mover stated that the focus of the resolution was on democracy to ensure proper representation at AGMs. This would also help smaller Groups have an AGM with a balanced and democratic attendance and better representation.

Some felt that this would be too costly and that other less expensive options should be considered. This practice would not change the decision-making at AGMs; having more delegates does not necessarily solve issues or help finish the business.

Given the cost involved, this could result in a possible dues increase which would not be well received by the membership.

The motion was defeated.

17. Scholarship and Legacy Cup

Delegates viewed a video update (available on the PIPSC website) on the Institute’s Legacy Foundation, including brief profiles of this year’s scholarship laureates. For 20 years, the Institute has been raising money to help kids all across the country by enabling them to fulfill their dreams, funding life-changing resources for child amputees and most of all the Institute funded scholarships for deserving kids. This year, PIPSC awarded 37 scholarships worth a total of $57,500.

18. Budgetary Resolutions (Cont’d)

18.1 F-9 Visibility Items for Constituent Bodies - Sponsor:  Atlantic Regional Executive

Moved and seconded that,

Whereas there are a number of events throughout the year when visibility items are required by a Region and its Branches; and

Whereas PIPSC has a difficulty in distributing appropriate visibility items to constituent bodes in a timely fashion;

Be it resolved that (each) Regions be allocated $5,000 per year from the PIPSC national budget to order visibility items for their constituent bodies in a timely manner.

Resolutions Sub-Committee Comments: Regions used approximately 25% to 70% of their annual allowance leaving more than $10K per year available for visibility items. All Regions have budgets for visibility items and varies between $1,500 and $11K per year. The cost of this resolution would be $30K.

It was clarified that this would be increasing the national budget by $30K as each Region would receive an additional $5,000 to purchase visibility items.

This would allow Regions to purchase the promotional items they want, as they deem appropriate and in a timely manner. It would give Regions more control to oversee their own affairs. The intent is not to increase the budget but to reallocate existing BT funds differently among Regions.

Concern was raised with the precedent this could set with respect to other constituent bodies. Event dates are known well in advance therefore orders should be submitted accordingly. There is already some flexibility at the regional level over this.

The question was called.

The motion carried.

18.2 B-13 BY-LAW 17 – CANADIAN LABOUR CONGRESS (CLC) COMMITTEE – Sponsor: Ontario Regional Council

Whereas PIPSC sits on a number of Canadian Labour Congress (CLC) Committees:

Aboriginal Worker Caucus

Disability Rights

Education

Electoral Reform Working Group

EI Ad Hoc Committee

Environment Committee

Health & Safety Committee

Human Rights

Legal Challenges Coordinating Committee

Pension Advisory

Political Action

Solidarity & Pride

Training & Technology

Tripartite Roundtable on International Labour Issues

Women’s Advisory Committee

Workers of Colour

Young Workers Advisory Committee (YWAC)

Whereas PIPSC has a call letter and a selection process for its own Committees of the Board; and

Whereas there is no call letter or defined selection process for the individuals from PIPSC who sit on the CLC Committees; and

Whereas a call letter would allow the membership to express their interest and a selection process would create a more robust process;

Be it resolved that the following By-Laws be implemented:

17.XX (NEW) Canadian Labour Congress Committees

17.XX.1 Selection (NEW) – A call letter shall be sent to the membership as a whole to solicit applications to represent PIPSC on the CLC Committees.

17.XX.1.1 (NEW) A Sub-Committee of the Board consisting of three (3) members shall be established to review the applications and to make recommendations to the Board for each particular committee.

17.XX.2 Confirmation (NEW) The Board of Directors shall confirm the selections. 

Resolutions Sub-Committee Comment: The cost of one (1) PIPSC member to attend CLC Committees would be $35K per year. Presently, eight (8) PIPSC members attend CLC Committees.

The motion was withdrawn.

18.3 B-11 BY-LAW 17 – COMMITTEES OF THE BOARD / BY-LAW 19 – PRESIDENT - By-Law Compliance – Sponsor: NCR Regional Council

There was no mover for this resolution.

Whereas the PIPSC Annual General Meeting is the Supreme Governing Body of PIPSC, responsible for passing By-Laws that govern the Institute; and

Whereas there is currently no mechanism in the By-Laws to deal with non-compliance with the By-Laws; and

Whereas currently, complaints about non-compliance of By-Laws are handled via the DRDP process which is costly and time consuming, even if noncompliance is obvious and/or not contested; and

Whereas PIPSC has in-place a standing By-Laws and Policies Committee (BLPC) vested with jurisdiction in this area;

Be it resolved that the following By-Laws be adopted as follows:

By-Law 17.2.2 (e) (New) shall investigate any complaints about non-conformance with Institute By-Laws and report their findings to the BOD, so that corrective action may be taken by the President

By-Law 19.2.2.3 (i) (New) Matters of apparent non-compliance with Institute By-Laws shall be referred to the By-Laws and Policy Committee for interpretation and determination.

By-Law 19.2.2.3 (ii) (New) When the By-Laws and Policy Committee makes a determination that there is non-compliance with the By-Laws, the president shall take measures to ensure immediate compliance by any and all.

By-Law 19.2.2.3 (iii) (New) Continued or repeated non-compliance with / following a BLPC determination shall result in discipline subject to By-Law 24.

By-Law 19.2.2.3 (iv) (New) In the case of elected officials, discipline will begin with temporary removal suspension from office until the matter is resolved.

Resolutions Sub-Committee Comment: This resolution is contrary to the NFPCA and would also require amendments to BL 24.

18.4 B-12 BY-LAW 19 – PRESIDENT - Presidential Appointments – Sponsor: NCR Regional Council

There was no mover for this resolution.

Whereas we currently do not have a process for selection and appointment to external committees, working groups, boards (i.e. CLC, TBS, NJC); and

Whereas persons appointed to external Committee, Working Groups or Boards are representing PIPSC and its membership at large; and

Whereas transparency and accountability are vital to ensure membership are informed, can pose questions and can provide feedback to the appropriate representative;

Be it resolved, the following By-Laws be put in place:

By-Law 19.2.x (New) The President shall make all appointments to external Committee, Working Groups or Boards, subject to the recommendations and final approval by the Board.  Appointments to these positions shall be from elected officials i.e. the Vice-Presidents and then Directors (in that order).  In exceptional circumstances, a non-elected member can be considered and approved by the Board, if they have specific subject matter expertise related to the appointment.

A non-elected member may be considered and approved by the Board when it is in the best interest of the Institute: if there is no BOD member available, no BOD member of a particular representational group or with subject matter expertise related to the appointment.

By-Law 19.2.x.1 (New) Institute staff shall not be appointed to any external Committee, Working Groups or Boards to represent PIPSC members but can be assigned by the Board to assist a presidential appointee to said external Committee, Working Groups or Board.

By-Law 19.2.x.2 (New) A list of all presidential appointments shall be maintained on the website and shall include contact information, name of the external committee, the role of the appointee on the external committee, the date and the duration of their appointment.

Resolutions Sub-Committee Comment:  It should be noted that some appointments of this nature are made by external bodies, like the National Joint Council or by order of the Governor-in-Council and are outside the control of the Institute.

On occasion, staff is appointed to ensure the required expertise is present and, in other cases, for continuity reasons.

Technical and specialist committees are primarily comprised of staff from different unions.

There could be a cost associated with salary replacement, travel and other expenses for appointees where they replace staff.

The Board does not direct or assign staff as this is contrary to the Policy on the Board of Directors.

18.5 B-14 BY-LAW 22 - ELECTION OF OFFICERS AND DIRECTORS OF THE INSTITUTE

British Columbia –Single Transferable Vote (BC-STV) – Sponsor: Ontario Regional Council

Whereas the 2014 PIPSC AGM adopted The British Columbia –Single Transferable (BC-STV) process and it was first implemented for the 2015 National election; and

Whereas The BC STV system can be complex. The following explanation is provided as an overview. It is what you need to get a basic understanding of how one is deemed elected to office using the BC-STV process. It is important to know that you can refer to the following links if you are interested in much more detail:

· Making Every Vote Count’–The BC-STV Technical Report

· PIPSC National Elections Procedures

· BC-STV Presentation to the 2014 PIPSC AGM (English)

· BC-STV Presentation to the 2014 PIPSC AGM (Bilingual)

· BC-STV –Questions and Answers, plus an example

Whereas in cases where there is only one position to be elected, the BC-STV system operates as a ranked ballot voting system, whereby the candidate with the lowest vote total drops off, until a candidate receives majority of the vote; and

Whereas in cases where more than one position is to be elected, the BC-STV system is not well understood and works differently than many people may believe; and

Whereas in the case of the two Full-Time VP’s, two Part-Time VP’s and four Directors for the National Capital Region, a voter only votes for one person; and

Whereas most people believe that they voting for two full time and part time VP’s or in the case of the National Capital Region, four Directors;

Be it resolved that the following By-Law be amended as follows:

22.3.2 Officer and Regional Director positions will use the British Columbia Single Transferrable Vote (BC STV), as described in the BC Citizens Council Technical Report of December 2004.

22.3.2 Officer and Regional Director positions will use the ranked ballot system and a candidate would need a majority of the vote to be elected.

22.3.3 (NEW) In cases where there are more than one Officer or Regional Director positions, then the successful candidate would be removed from the process and the ranked ballot system applied again until all the positions are filled.

Resolutions Sub-Committee Comment: The current elections platform was designed to facilitate the elections under the BC STV system. Should this amendment be approved by the AGM, our proposed approach would be to adopt a third party platform.

The proposed solution could be implemented by the 2022 term, provided it does not impact current strategic objectives. 

 The budget is based on a Rough Order of Magnitude (ROM) estimate with a -50% to +50% variance. The proposed election platform initial implementation cost is ~$350,000 and the ongoing operating expense is ~$250,000 per annum.

This resolution was withdrawn.

18.6 B-22 BY-LAW 24 – DISCIPLINE – Sponsor: Shannon Bittman

There was no mover for this resolution.

Whereas investigations cost the Institute substantial sums of monies, are extremely adversarial, and ultimately do not provide a result that is satisfactory to either party to the dispute; and

Whereas it is in the Institute's best interests to facilitate the resolution of disputes at the lowest possible level; and

Whereas mediation or other alternative dispute resolution is mandatory in most provincial jurisdictions in very acrimonious situations such as for individuals who are wishing to dissolve their marriage:

Be it resolved that By-Law 24.1.1.2 be adopted as follows:

By-law 24.1.1.2 (NEW) - Any dispute that has been determined should go to formal investigation, shall be first referred to mediation, with a mediator that is agreed to by both parties.

Note:  If this by-law is passed, consequential changes will need to be made to the Institute's Discipline and Dispute Resolution Policy, as required.

Resolutions Sub-Committee Comment:  The cost involved at the mediation stage is estimated at $15,000 strictly in professional fees per case assuming two parties are involved + travel + room rental + salary replacement. 

The current Dispute Resolution and Discipline Policy provides for the possibility of mediation, on a voluntary basis.

18.7 B-25 BY-LAW 17 – COMMITTEES OF THE BOARD OF DIRECTORS – Sponsor: William Stewart

Whereas PIPSC identifies in its statement on governance that, “The Institute has a parallel structure by Occupational and by Region. The structure by Group allows each bargaining unit to determine its bargaining priorities and strategies, and to deal with current concerns specific to its members’ profession. Whereas the structure by Region allows the issues and interests specific to a particular geographic Region to be reflected in the Institute’s broader concerns.”

Whereas “Committees study issues referred to them by the Board or provide advice and information on specific issues. The Committees formulate recommendations to the Board.”

Whereas the current by-laws and are not consistent with the statement of Governance and the role of Committees in that the PIPSC structure is fully represented within the By-Law regarding Composition of Committees

Whereas both Group Presidents and Consultation Presidents should have an equal opportunity to express concerns and recommendations through Committees of the Board.

Be it resolved that each Committee of the Board be increased by two positions, and those positions be filled by: one Consultation Group President and one member of the Advisory Council, as recommended by the Advisory Council.

Given there are six (6) Regions and a Board member or other required member sits on each Committee, the total seats allocated to each Committee would have to be increased to accommodate representation by seats recommended through the Group Governance structure.

By-Law 17.1.3 Composition - All Committees shall consist of five (5) to seven (7) members seven (7) to nine (9) members and, unless otherwise specified, shall  include one (1) member from each Region and two members recommended by the Advisory Council. Where there is a Vice-President liaison to a committee, the Vice President does not count as a member of the committee.  AGM 2015

Impacted by laws:

17.2 By-Laws and Policies Committee

17.2.1  Composition - There shall be a Committee of the Board to be known as the By-Laws and Policies Committee consisting of five (5) to seven (7) members seven (7) to nine (9) members, one (1) of whom shall be a member of the Board.

17.3  Elections Committee

 17.3.1 Composition - There shall be a Committee of the Board to be known as the Elections Committee consisting of five (5) to seven (7) members seven (7) to nine (9) members. Officers and Directors of the Institute shall not be members of the Elections Committee.  The Board shall appoint members for a one (1) year term which shall take effect January of each year.

17.2.3  Resolutions Sub-Committee

17.2.3.1 Composition - There shall be a Sub Committee on Resolutions, chaired by the Chair of the By-Laws and Policies Committee, five (5) to seven (7) members seven (7) to nine (9) members. As a minimum, composition should include the designated representatives of the By-Laws and Policies Committee, the Finance Committee and the Advisory Council.

17.4  Elections Appeals Committee  

17.4.1 Composition - There shall be a committee appointed by the Board of Directors known as the Elections Appeals Committee, consisting of five (5) to seven (7) members seven (7) to nine (9) members which will not include current Board members or candidates for the applicable elections

17.6  Finance Committee

17.6.1 Composition - There shall be a Committee of the Board to be known as the Finance Committee consisting of five (5) to seven (7) members seven (7) to nine (9) members. The Chair shall not be a signing officer of the Institute.

17.7  Human Rights and Diversity Committee

17.7.1 Composition - There shall be a Committee of the Board to be known as the Committee on Human Rights and Diversity, consisting of five (5) to seven (7) members seven (7) to nine (9) members.  Composition of the Committee should be representative of the diversity of the membership.

17.8  Training and Education Committee      

17.8.1 Composition - There shall be a Committee of the Board to be known as the Training and Education Committee consisting of five (5) to seven (7) members seven (7) to nine (9) members. The Chair of each Region’s Training Committee shall be the designated member to this committee. Each Region shall designate an alternate, should the Chair of the Training Committee be unable to attend.

17.9 Professional Recognition and Qualifications Committee

17.9.1 Composition - There shall be a Committee of the Board to be known as the Professional Recognition and Qualifications Committee consisting of five (5) to seven (7) members seven (7) to nine (9) members. The composition of the Committee should ensure the diversity of occupational groups.   AGM 2005 (e)

17.10 Science Advisory Committee

17.10.1 Composition - There shall be a Committee of the Board to be known as the Science Advisory Committee consisting of five (5) to seven (7) members seven (7) to nine (9). Composition of the Committee should be representative of Science and Technology Membership, which includes research, engineering, and science-related activities.  AGM 2005 (e)

17.11 Information Technology Services and Projects Committee   

17.11.1 Composition - There shall be a Committee of the Board to be known as the Information Technology Services and Projects Committee consisting of five (5) to seven (7) members seven (7) to nine (9) members. Composition of the Committee should normally be representative of PIPSC IM/IT Professionals.

Resolutions Sub-Committee Comment: The cost of this resolution is $144K.

The resolution was withdrawn.

Resolution F-3 (Budget) was untabled at this time.

18.8 F-3 Budget - Sponsor: Board of Directors

Be it resolved that the 2019 AGM approve the budget for the period of July 1, 2020 to June 30, 2021.

The motion carried.

Moved and seconded that the remaining policy resolutions be referred to the Advisory Council to advise the Board.

The motion was ruled out of order as the referral should be to the Board of Directors.

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

The AGM gave direction that the Board consult with the AC in its review work and that any decisions taken be retroactive to this date. This was taken under advisement by the Board. Action: Board of Directors

The motion to refer carried.

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

19. Closing Remarks

President Debi 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 Chair Sean O’Reilly, who was ably assisted by Stéphanie Fréchette, Parliamentarian and Julie Gagnon, AGM Coordinator and Recording Secretary.  The President also acknowledged the tremendous efforts of the staff who contributed so much to the success of the event.

President Daviau then introduced a short video which captured the highlights of the 100^th Annual General Meeting.

Moved and seconded that the AGM adjourn at this time – (6:15 pm). Carried

The following proposed BL amendments died on the order paper. The policy resolutions were referred to the Board of Directors.

Action: Board of Directors

B-15 BY-LAW 12 – STEWARDS – Sponsor: NR Place de Ville Sub-Group (f) REVISED VERSION

Whereas representatives of the Institute should be protected against retaliation by their employer for union activities, either as an appointed steward when representing employees for grievances, a member of the Board or a group president when speaking on behalf of the Institute (ref By-Laws 12 & 23);

Whereas Institute By-laws have accumulated a small number of inconsistencies over the course of a number of AGMs (even more so in the French version):

Be it resolved that By-Law 12 be amended as follows: [additions are underlined, deletions are crossed-out]

BY-LAW 12 STEWARDS

12.1 Definition A Steward shall be an official representative of the Institute when appointed by the Institute. The employer shall be notified of the appointment by the Institute. Only a Regular member may be a Steward.

12.2 Board of Directors By virtue of being a Regular Member who is member of the Board, a Regular Member is appointed as a Steward for the duration of the term of office. The employer shall be notified if it is a new appointment.

12.3 Group Presidents By virtue of being President or acting President of a Group, a Regular Member is appointed as a Steward for the duration of the term of office and speak on behalf of the Group. The employer shall be notified if it is a new appointment.

12.4 Stewards

12.4.1 Duties and Responsibilities The duties and responsibilities of a Stewards shall be as defined in the Regulations.

12.4.2 Term Stewards nominated by their group shall be appointed for a term as specified in the Regulations.

12.4 Methods of Selection The following methods shall be used to recommend appointments of Stewards by the President:

12.4.3 By Appointment The authority to appoint a Steward rests exclusively with the President.

12.4.3.1 Sub-Group, Branch and Regional Executives may recommend nomination of a Regular member to be a Steward appointments to the Executive of the appropriate Group Executive which, in turn, may recommend nominate the appointment to the President.

12.4.3.2 The appointment of Steward by the President is subject to their nomination by the executive of their Group. A Group Executive may recommend Steward appointments to the President.

12.4.3 Board of Directors By virtue of being a Regular Member who is member of the Board.

12.4.4 Reappointment of Stewardship The authority to renew a Steward's term rests exclusively with the President. Upon expiry of their term of Stewardship, a Steward may choose to be reappointed, as follows: 12.5.2 By Renewal S subject to the recommendation of their appropriate Group Executive. by choosing to renew their term of office.

12.5 Termination of Stewardship A member shall cease to be a Steward for any of the following reasons:

12.5.1 If they ceases to be a Regular member of the Institute.

12.5.2 If notification of their resignation as a Steward is received at the Institute National Office.

12.5.3 If they are not reappointed following expiry of their Stewardship.

12.5.4 Where the member is a Steward only by virtue of serving on the Board or as a Group President, their Stewardship shall end when their term of office expires or when they cease to be a Regular member.

12.6 Misconduct Allegations of misconduct, as set out in By-Law 24, made against a steward shall be dealt with in accordance with the Dispute Resolution and Discipline Policy.

Resolutions Sub-Committee Comment: Proposed amendment to BL 12.4.3.2 is contrary to current BL 12.4.2, which provides that the authority to appoint a Steward rests exclusively with the President.

The protection against reprisal by the employer for union activity generally exists by virtue of labour legislation and caselaw.  This protection does not extend only to Stewards; but rather to all union officials who are legitimately acting as representatives of the union. 

BL 23 is an important tool to determine who is acting as a legitimate representative of the union on various issues.  It is not necessary for all union officials to be Stewards in order to benefit from relative immunity against reprisals.  

It should further be noted that Board members who are Regular members are already Stewards by virtue of current BL 12.4.3.

This would consequential amendments to some Group and Sub-Group constitutions.

B-16 BY-LAW 18 – TRAINING & EDUCATION COMMITTEE - Sponsor:  Atlantic Regional Executive

Whereas the Training and Education Committee (TEC) is now focused on mentoring in addition to training and education; and

Whereas the current acronym, TEC, is phonetically the same as the commonly accepted acronym for a technical committee, Tech; and

Whereas the fact that many members refer to the Information Technology Services and Projects Committee as the Tech committee create confusion;

Be it resolved that the TEC committee be renamed to the Training, Education and Mentoring Committee (TEAM Committee)

17.8 Training and Education Training, Education and Mentoring Committee

17.8.1 Composition There shall be a Committee of the Board to be known as the Training and Education Training, Education and Mentoring Committee consisting of five (5) to seven (7) members. The Chair of each Region’s Training Committee shall be the designated member to this committee. Each Region shall designate an alternate, should the Chair of the Training Committee be unable to attend.

17.8.2 Mandate The Training and Education Training, Education and Mentoring Committee shall be responsible for advising and making recommendations and/or providing advice to the Board on any issue relating to the recruitment, training, mentoring and education of Stewards/members and the Institute training program.

Resolutions Sub-Committee Comment: No comment

B-17 BY-LAW 15 – AUTHORITY - Sponsor:  Shannon Bittman

Whereas the Board is responsible for exercising the authority of the Institute on all matters between AGMs, subject to Institute by-laws; and

Whereas the Board is not provided with information related to decisions of the President made between Board meetings, including the execution of contracts and expenditures related to the discretionary budget of the President; and

Whereas the Board of Directors cannot meet its fiduciary duty to members, if it is not informed of decisions made by the President between Board meetings;

Be it resolved that By-Law 15.2.3.2 be adopted as follows:

By-Law 15.2.3.2 (NEW) - Details in writing of any decisions or contracts executed by the President (or acting President) for amounts in excess of $5,000 between Board meetings be provided to the Board at its next meeting.

Resolutions Sub-Committee Comment:  No comment

B-18 BY-LAW 16 – MEETINGS OF THE BOARD OF DIRECTORS – Sponsor: Shannon Bittman

Whereas the membership has a right to be informed about issues involving their union; and

Whereas it is important that the information be timely, and that the membership has an opportunity to have their voice heard; and

Whereas there is currently confusion among Board members with regards to what information can be shared with members prior to formal minutes being approved; and

Whereas there is currently no requirement to post Board agenda items to the portal in advance

Be it resolved that By-Law 16.1.3 be adopted as follows:

By-law 16.1.3 (NEW) The Board agenda will be posted to the portal at least one week prior to the Board meeting;

Be it further resolved that BL 16.1.4 be adopted as follows:

By-Law 16.1.4 (NEW) – Board members can provide information to PIPSC members on issues that were discussed in open session, immediately following the particular Board meeting.

Resolutions Sub-Committee Comment: Proposed BL 16.1.4 is as current practice.

B-19 BY-LAW 16 – MEETINGS OF THE BOARD OF DIRECTORS - Sponsor: Shannon Bittman

Whereas PIPSC members have the right and the responsibility to hold their leaders accountable for their decisions; and

Whereas voting at the Board is currently electronic, and therefore, how a particular Board member votes is unknown;

Be it resolved that By-Law 16.1.2 be adopted as follows:

By-Law 16.1.2 (NEW) - All voting at Board meetings shall normally be by a show of hands, except when a request for a roll call vote is made by a Board member.

Resolutions Sub-Committee Comment:  No comment

B-20 BY-LAW 16 – MEETINGS OF THE BOARD OF DIRECTORS – Sponsor: Shannon Bittman

Whereas the Chair of the By-Laws & Policies Committee is well placed to provide advice to the Board; and

Whereas it is important that the advice is consistent and impartial;

Be it resolved that the following BL be adopted:

By-Law 16.1.1 (NEW) - The Chair of the By-Laws & Policies Committee shall be the Parliamentarian for the Board.

Resolutions Sub-Committee Comment: There could be a cost if the BLPC Chair is not a member of the Board.

B-21 BY-LAW 18 – OFFICERS OF THE INSTITUTE – Sponsor: Shannon Bittman

Whereas the current Board Chair fails to include items on the Board agenda or includes agenda items that do not have the requisite documentation attached; and

Whereas valuable time is wasted at Board meetings setting the agenda and adding items that were improperly excluded; and

Whereas the Canada Not for Profit Corporations Act requires that Directors come to Board meetings prepared and that they vote with unfettered discretion;

Be it resolved that by-law 18.2.3 be adopted as follows:

By-Law 18.2.3 (NEW) - The Executive Committee shall be responsible for setting the agenda for Board meetings, subject to final approval by the Board.  All agenda items submitted by a Board member shall be included on the agenda, as long as the item is received at least two (2) weeks in advance, and it includes a briefing note and documentation sufficient to allow for full discourse at the Board.  Agenda items that are late filed, or do not include the necessary documentation shall not form part of the agenda.  Agenda items from staff shall not be on the agenda unless a Board member is willing to put their name to the particular agenda item.   

Resolutions Sub-Committee Comment:  The third “whereas” statement does not accurately or entirely reflect a Director’s liability as outlines in the NFPCA. As worded, the resolution may impede a director’s ability to carry out their duties under the NFPCA by preventing urgent issues and issues of concern by staff from being addressed in a timely fashion and as such, is contrary to the legislation.

B-23 BY-LAW 19 – PRESIDENT – Sponsor: Peter Taticek

Whereas By-Law 19.2.1 stipulates that the President shall be Chair of the Board; and

Whereas the President has delegated the chairing of Board meetings to a VP; and

Whereas the Board has taken the position that this is not contrary to Institute By-Laws, despite the fact that the President has not chaired a Board meeting since at least 2017;

Be it resolved that By-Law 19.2.1.2 be adopted as follows:

By-Law 19.2.1.2 (NEW) - The President shall not delegate the responsibility as Chair of the Board unless the President is absent from the particular meeting, has declared a conflict of interest with respect to a particular issue under discussion, or has relinquished the Chair to a Vice-President in order to mentor that same Vice-President.

Be it further resolved that by-law 19.2.1.3 be adopted as follows:

By-Law 19.2.1.3 (NEW) - Notwithstanding (new) By-Law 19.2.1.2, delegation by the President to the Vice-Presidents shall be shared on an equitable basis.

Resolutions Sub-Committee Comment:  No comment

B-24 BY-LAW 15 – AUTHORITY – Sponsor: Tony Purchase (AV, ATL)

Whereas an out-of-court settlement agreement was negotiated with a former VP; and

Whereas the President of the Institute was named as a defendant in the Ontario Superior Court oppression complaint against the Institute by a former VP; and

Whereas in normal circumstances, the President has authority to execute contracts, in concert with the responsible employee, under By-Law 15.2.3;  

Be it resolved that By-Law 15.2.3.1 be adopted as follows:

By-law 15.2.3.1 (NEW) - For greater certainty, the President cannot execute a contract without first receiving the prior approval and direction of the Board of Directors, in any circumstance where exists the potential for conflict of interest and/or apprehension of bias.

Resolutions Sub-Committee Comment:  It should be noted that the Board has in the last year, approved a revised Conflict of Interest Policy that provides not only for self-declaration in case of conflict, but a process for the Board to deal with such concerns where the person involved has not self-declared but there is a perception of conflict from others.

Policy (Non-Budgetary Resolutions)

P-1 Re-Appointment of Stewardship – Sponsor: NCR Regional Council / Ontario Regional Council

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

Whereas being a Steward is not a right but a privilege; and

Whereas the performance of a Steward shall normally be monitored by the respective Group; and

Whereas the term of a Steward is normally 3 years; and

Whereas the non-renewal of a Steward shall not be a surprise to a Steward; and

Whereas a Steward should be made aware of any negative issues related to his/her Stewardship as soon as such an issue is reported so as to afford the Steward an opportunity to discuss and rectify the issue if possible.

Be it resolved that Regulation R12.5 (Re-Appointment of Stewardship) be amended as follows:

R12.5.1 (New) A PIPSC Steward shall be informed by PIPSC of any issue that may negatively affect the Steward’s renewal. Such notification shall be made in writing as soon as PIPSC is made aware of the issue and not just at the time of renewal.

R12.5.2 (New) A PIPSC Steward shall be afforded the opportunity to respond to and rectify such an issue so that it no longer negatively affects their renewal. A Steward may involve his Group executive in this process.

R12.5.3 (New) A decision of non-renewal of a Steward and the reasons for this decision shall be communicated in writing within ten (10) working days from the time the official decision was made to the Steward.

R12.5.4 (New) The reporter of an issue that is deemed to be vexatious, without merit or retaliatory may be dealt with under PIPSC policy such as the DRD Policy.

Resolutions Sub-Committee Comments: This proposed resolution lacks clarity. It is unclear who "PIPSC" is.  Part of the ambiguity in the current Steward framework, as to where the governance of stewards lies within the PIPSC structure, has led to the Board's decision to engage in a Steward framework renewal to provide for more clarity in the governance and development of Stewards, including in the renewal process.

The existing BL and policies currently provide for any allegations of misconduct to be raised through the Dispute Resolution and Discipline Policy, including the type of misconduct raised in proposed BL 12.5.4. 

P-2 Duty to Accommodate Policy – Sponsor: NCR Regional Council

 Whereas the 2013 AGM referred the creation of a “Duty to Accommodate” Policy to the Board and to date said policy has not been created; and

Whereas some members have barriers to participation that require special accommodations and do not know that they can request such accommodations; and

Whereas the Institute needs to encourage diversity and inclusiveness for all members who wish to be active in the affairs of the Institute;

Be it resolved that the Institute Human Rights and Diversity Committee develop a "Duty to Accommodate" policy for members in accordance with the Canadian Human Rights Act and the Employment Equity Act, and present it to the Board of Directors no later than March 2020.

Resolutions Sub-Committee Comments:  No comment

P-3 Family Care Policy – Sponsor: NCR Regional Council / CS Group

 Whereas the objective of the policy on Family Care is to remove barriers which prevent members from participating in union activities; and

Whereas family members who are not in a custodial right position but reside with the sole caregiver will not have the cost of their taking care of children of a member covered which could limit participation of a member in authorized PIPSC activities;

Be it resolved that the following change be made to the Family Care Policy:

Eligibility

Where the member is the sole caregiver at the time of the authorized union activity, the Institute will cover costs for care during the day outside normal work/school/daycare hours. Family care costs that would have ordinarily been incurred during work hours had the member been at his/her place of work are not covered.

This policy shall not cover cost for care provided by a spouse/partner, or former spouse/partner with custody rights or a relative residing in the household.

Note - No additional cost from previous family care policy in effect to November 2018.

Resolutions Sub-Committee Comments:  If this resolution passes, additional cost would be incurred however the costs are difficult to estimate.

P-4 Professional Competencies – Sponsor: NCR Regional Council

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

Whereas unlike members who perform duties of their substantive position, members elected or appointed to full time executive positions no longer have opportunities to exercise their professional competencies; and

Whereas PIPSC should lead by example when promoting professionalism;

Be it resolved that PIPSC investigates and reports to the 2020 AGM amendments to Institute By-Laws, Regulations or 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

P-5 Stewards – Sponsor: NCR Regional Council

Whereas representatives of the Institute must be protected against retaliation by the employer for union activities, either as an appointed Steward from the workplace, a member of the Board, a spokesperson or a Group president (Ref By-Laws 12 and 23); and

Whereas recognition of representatives of the Institute is included in collectives agreements with the employers (PSLRA or separate employers) for union activities and consultation (where applicable); and

Whereas the Institute must train, guide and monitor its representatives; but the role of Group executive in PIPSC By-Laws 12 is unclear;

Be it resolved that PIPSC investigates and reports to the 2020 AGM amendments to Institute By-Laws, Regulations and Policies to accredit and manage representatives of the Institute for union activities and consultation with the employer.

Resolutions Sub-Committee Comments: No comment

P-6 Financial Statements – Fund Accounting – Sponsor: Ontario Regional Council

Whereas PIPSC currently has an Operating Fund, Strike Fund and Bargaining Fund combined in one financial statement; and

Whereas it is difficult for the ordinary member to gain an understanding of the position of the individuals funds and the activity in the year; and

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

Whereas in the past, the auditors have recommended that the Operating Fund, Strike Fund and Bargaining Fund be shown separately;

Be it resolved that the PIPSC financial statements show the Operating Fund, Strike Fund and Bargaining Fund separately and show a consolidated total.

Resolutions Sub-Committee Comments: 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.

P-7 Single-Use Water Bottles – Sponsor – Québec Regional Council

Whereas single-use water bottles are a serious environmental problem;

Be it resolved that the Institute no longer provide single-use bottles in its regional offices or national office or within the scope of its activities.

Resolutions Sub-Committee Comments:  The Institute, including their Regional Offices, have already adopted this practice. Members are encouraged to bring their reusable water bottles to be filled at their meetings.

P-8 Voluntary 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 the techniques to protect the confidentiality of small populations of persons be appropriately applied.

Resolutions Sub-Committee Comments:  No comment

P-9 Canada’s Changing Climate Report – Sponsor: RE Group

Whereas the release of Canada’s Changing Climate Report presents overwhelming evidence for the need to reduce carbon, which implies a shift away from a continued focus on the primacy of single occupancy vehicles – except in exceptional cases; and

Whereas a decade of advocacy and work by PIPSC has built a strong case around the errors of muzzling scientists and their work,

Whereas not all members have access to or use of personal transportation and require sufficient public transportation access to the workplace,

Be it resolved that the Institute encourage its members to spread the word in their workplace about the conclusions of the Canada’s Changing Climate Report and to advocate for related changes, notably for employers to provide better options to encourage a shift away from commuting in single occupancy vehicles.

Be it further resolved that the Institute, through its consultation teams and other discussions with the employer, advocate for related changes, notably for employers to provide better options to encourage a shift away from commuting in single occupancy vehicles (including, but not limited to, ensuring adequate public transport, including childcare spaces within the workplace, and choosing centrally located buildings for occupation).

Resolutions Sub-Committee Comments:  No comment

P-10 PIPSC Family Care Policy – Sponsor: RE Group

Whereas the partner/spouse of a member may not always be physically or mentally capable of acting as a sole caregiver; and

Whereas introduction of the Parental Sharing Benefit will increase the likelihood that a member will be on parental leave at the same time as their spouse; and

Whereas the PIPSC Family Care Policy currently does not acknowledge that even if the other caregiver is home, the member may be providing essential elements of care,

Be it resolved that the Eligibility section of the PIPSC Family Care Policy have the following clause added:

‘Where the spouse/partner of the member is temporarily unable to provide care and the member is on authorized leave from work and providing care to the spouse/partner and one or more children, resulting expenses not ordinarily incurred for a caregiver may be submitted.’

Resolutions Sub-Committee Comments:  There would be an additional cost but it cannot be provided as there are missing variables.

P-11 Training Policy – Sponsor: IOTSO AFS Sub-Group

Whereas the duration of Regional Union Training Schools will last for three (3) days; and

Whereas Stewards attending training schools in their home locality do not incur significant travel expenses when attending training schools;

Be it resolved that the Training Policy be revised as follows:

5. Duration

Basic Steward Training is to be set for two and a half days. The Regional Union Training School will last three (3) days including a Saturday, excluding travel time and are composed of multiple modules. As a general rule, participants must register for sessions with a total length corresponding to that of the school (3 days) when the training location is more the 25 kilometers from the participant’s residence.

Resolutions Sub-Committee Comments:  No comment

P-12 Election Activities - Sponsors:  CS Group Executive

Whereas problems have arisen in the past which have caused embarrassment to candidates and the Institute; and

Whereas discipline or retribution around using members' email contact information from PIPSC to influence voters does not balance the damage incurred by the misconduct; and

Whereas access to members private information (e.g. email) is not easily or equally available to all candidates and their representatives in an election;

Be it resolved that the following changes are made to the election policy:

PIPSC NATIONAL ELECTIONS ACTIVITIES

Problems have arisen in the past which have caused embarrassment to candidates and the Institute, some examples of which are noted below and which should shall be avoided:

• Use of Institute supplies and services, such as letterhead, logo, envelopes, business cards, photocopiers and meeting rooms, for campaign purposes.

• Use of a logo sufficiently similar to the Institute logo as to imply support.

• Use of any contact information from the Institute membership list not described by the CNPCA as per Policy on the membership List for campaign purposes. Contact information contained on the PIPSC Web Site is provided for the sole purpose of allowing members to contact their Institute representatives for employment-related problems or questions. This information may not be used in unsolicited bulk e-mailings.

• Contacting members by phone or by email (refer to the Do Not Contact List) at their place of work for campaign purposes unless they receive prior permission from those members.

• Campaigning on Public Service premises during working hours to solicit support from PIPSC members without the prior written authorization from a Manager of the workplace they wish to visit

• Involvement of Institute staff in a campaign in any manner.

• Placing campaign literature in Institute offices unless approved by the Elections Committee

• Founded complaints with regard to any of the above activities by candidates or their supporters may result in loss of membership, loss of an elected/appointed position at the time of the finding, or loss of stewardship.  Founded complaints may be forwarded to the DRDP process.  Repeated founded complaints can result in candidates being removed from the ongoing election process and/or being forbidden to seek elected office in the future.

• PIPSC MEETINGS AND NATIONAL ELECTION ACTIVITIES
  • While members do not officially become candidates until the National Elections Committee has posted the list of candidates, it is likely that some election activity will occur prior to this.

• • It is recognized that elected officials and stewards still need to do their job during election campaigns. This includes attending meetings when invited. When attending meetings the elected officials and stewards should not be campaigning.
  • Responsibility of the Organizers

• • In order to be as fair as possible to all candidates, organizers should determine whether or not any election/campaigning activity will be allowed for any types of PIPSC meetings (ex. Lunch & Learn, Regional Council meeting, etc.).
  • If the decision is that election campaigning is allowed, the organizers must:

• • a) Determine exactly what election activity will be allowed (ex. speeches, handout of material, table set up for material);

• • b) Determine where the activity will be allowed to take place (ex. inside or outside of the meeting room);

• • c) Include clear and concise information relating to a) & b) in the meeting notice;

• • d) Have the notice of meeting placed into the Calendar of Activities by their staff resource;

• • e) Ensure that the same opportunity is granted to all candidates/supporters at the meeting so that there is no unfair advantage for one candidate over another.

• • If the notice of meeting does not specify whether or not election/campaigning activity will be allowed, it will be interpreted as though it is not allowed.

• • Responsibility of the Candidates/Supporters

• • Candidates, potential candidates and their supporters are responsible for:

• • a) Keeping track of PIPSC meetings;

• • b) If campaigning is allowed, arranging for their attendance or for distribution of any campaign material by advising the Constituent Body or PIPSC Event Organizer so that appropriate time and space can be provided.

AT THE AGM (If applicable):

• Candidates and their supporters should refrain from placing banners, posters and other campaign materials in public areas of the AGM host hotel.
• Candidates and their supporters should refrain from placing campaign literature on PIPSC tables at the AGM unless approved by the Elections Committee.
• Distribution of campaign material in the AGM meeting room itself is allowed provided it does not interrupt or delay the meeting.

Be it resolved that the following changes are made to the Guidelines for Constituent Body Elections:

Campaigning

• The Elections Committee should determine, prior to the election, where, when and how candidates may campaign.

• Executives should ensure that all candidates have an equal opportunity to present their platform to members.

For example: If speeches or material distribution is allowed at an AGM, all candidates will be given time and opportunity

For example: If a candidate for a group election is allowed to attend a Sub-Group AGM, all candidates should be given the same opportunity.

• Candidates should not use the services of PIPSC staff for election purposes.

• Candidates should not use PIPSC letterhead/Logo or otherwise imply support or endorsement by the Institute or any Constituent Body.

• Constituent Body funds and resources of any type should not be used to support the candidacy of any person or for campaigning purposes.

• The Elections Committee should review the list shall adhere to allowable activities the conduct published for the 2015

• National in PIPSC Elections Activities. It offers valuable advice when conducting an election.

Resolutions Sub-Committee Comments: The use of membership lists is allowable under the NFP Act. The proposed amendments are not based on current practice but on those that were in place for the 2015 election.

The use of a membership list as defined in the CNFPCA is permissible for election purposes, in accordance with that same legislation. The Institute’s Policy on Membership Lists sets out the details of how requests are to be made and what information will be provided.

This proposed amendment violates BL 17.3.2.

P-13 Friends of Committees of the Board of Directors – Sponsored by CS Group Executive

Whereas friends of committees can be nominated to Board committees; and

Whereas members from Regions other than the NCR would be out of pocket for travel expenses; and

Whereas friends of committees offer valuable advice and guidance to the committees they are members of;

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

16.  Friends of Committees

Committees of the Board may nominate Institute members as Friends of their Committee for approval by the Board of Directors.

Friends of Committees receive notices of meetings, agendas and minutes of meetings, and may submit their comments and suggestions on items being discussed by their Committee. Friends of Committees are not members of the Committee. As such, they do not form part of a quorum nor can they vote in the deliberations of the Committee.

Friends of a Committee are not entitled to compensatory salary or the reimbursement of travel expenses using committee funds. A constituent body may decide to subsidize the expenses of a friend of a committee to attend a Committee meeting from their existing annual allowance.

Note that there are no “friends” on the ECC, the Elections Committee, or the Elections Appeal Committee.

Resolutions Sub-Committee Comments:  No comment

P-14 Scheduling of Meetings and Training - Sponsor: Kalman Estrin

Whereas the following resolution was passed at the 2011 PIPSC AGM:

P-14 SCHEDULING OF INSTITUTE MEETINGS

Whereas for the purpose of this policy “religious festivals” will be defined as those festivals which, if they were to occur on a regularly scheduled work day, observant members would arrange to have time off from work to observe the festival; and

Whereas, examples of religious festivals include Easter Sunday, Rosh Hashanah, Shavuot and Eid;

Therefore, be it resolved that the Institute shall enact a policy requiring constituent bodies to make best efforts when scheduling constituent body meetings and regional training schools to avoid all major religious festivals.

Whereas the section of the current policy on Balancing Union Activity and Family Life, Section 4. Scheduling Institute Constituent Body Meetings, in part reads:

7. Efforts will continue to be made to ensure meetings are not scheduled so as to interfere with family observances such as Mother’s Day, Father’s Day, Halloween, etc.

Whereas the current policy does not reflect the intent or purpose of the resolution passed in 2011

Be it resolved that the policy on Balancing Union Activity and Family Life be revised to incorporate the above resolution.

Resolutions Sub-Committee Comments:  No comment

P-15 Institute’s Discipline and Dispute Resolution Policy - Sponsor: Shannon Bittman

Whereas investigations cost the Institute substantial sums of monies, are extremely adversarial, and ultimately do not provide a result that is satisfactory to either party to the dispute; and

Whereas it is in the Institute's best interests to facilitate the resolution of disputes at the lowest possible level; and

Whereas mediation or other alternative dispute resolution is mandatory in most provincial jurisdictions in very acrimonious situations such as for individuals who are wishing to dissolve their marriage:

Be it resolved that the Institute’s Discipline & Dispute Resolution Policy is amended to incorporate the following into the existing policy:

Part A:  Where it has been determined by General Counsel, a Third Party Neutral, or the Panel of Peers that an unresolved dispute or controversy among members, directors, officers, committee members or volunteers of PIPSC should go to formal investigation, it shall FIRST be referred to a mediator that is mutually agreed to by both parties. It is understood that mediation shall be on a without prejudice basis, and shall not or in any other way derogate from the rights of members, directors, officers, committee members, or volunteers of the Institute as set out in the by-laws or the Act, or to institute a lawsuit or legal action.

All costs of mediation shall be borne by the Institute.

If the complainant refuses to participate in mediation, or if it is determined by the Mediator that the complainant is not participating in good faith with a view to settling the dispute, all of the allegations in the complaint shall be deemed to be frivolous, vexatious or without merit and the complaint shall be summarily dismissed.

If the respondent refuses to participate in mediation or if it is determined by the Mediator that the respondent is not participating in good faith with a view to settling the dispute, all of the allegations in the complaint shall be deemed to founded, in which case, the Institute shall take appropriate steps to make the complainant whole, and mete out discipline to the respondent as appropriate, based on recommendations of the Mediator.

In the event that the aforementioned dispute is not resolved through mediation, the parties to the dispute can agree to have the dispute settled by arbitration before a single arbitrator, and as mutually agreed upon by the parties to the dispute. The parties agree that all proceedings relating to arbitration shall be kept confidential and there shall be no disclosure of any kind.  The parties further agree that the decision will be final and binding on the parties.  All costs of arbitration shall be borne by the Institute.

If mediation fails, and binding arbitration is not agreed to by one or both parties, then the complaint shall proceed immediately to investigation, and the balance of the policy applies in its entirety.

Resolutions Sub-Committee Comments: The cost involved at the mediation stage is estimated at $15K strictly in professional fees per case assuming two parties are involved + travel + room rental + salary replacement.

 The cost involved at the arbitration stage is estimated at $6K -15K per case based on arbitration lasting between 2 to 5 days + cost of counsel + travel + room rental + salary replacement

 The cost involved at the investigation stage is estimated at $15K per case based on average cost of investigations under the Dispute Resolution and Discipline Policy.

The current Dispute Resolution and Discipline Policy provides for the possibility of mediation, on a voluntary basis.

 It is unclear what may be considered a “controversy” requiring the application of the By-Law.

 Deeming a complainant to have filed a complaint that is frivolous vexatious or without merit; or imposing discipline on a respondent because either party refuses to participate in mediation or because of their conduct in the course of mediation is inconsistent with By-Law 24.3, which guarantees procedural fairness in the disciplinary process.  

P-16 Friends of the Finance Committee – Sponsors: Stacy McLaren and Stan Buday

Whereas the Board of Directors has seen fit to eliminate Friends to the Finance Committee whose participation in the Committee is governed by similar rules regarding confidentiality that apply to all constituent bodies; and

Whereas friends of committees can provide a fresh perspective for the Finance committee they participate on; and

Whereas participating as a friend of a committee gives Institute members an opportunity to learn about and develop skills for participating on Board committees if not chosen as a regional representative; and

Whereas the friends of the Finance committee had been approved by the Board of Directors and those friends must comply with all requirements for sitting on the committee prior to participation

 Be it resolved that friends be allowed to participate on the Finance Committee.

Resolutions Sub-Committee Comments:  This resolution would result in a change to the Policy on Standing Committees of the Board to allow friends on the Finance Committee.