Presented to the 102nd Annual General Meeting
B-1 BY-LAW 12 – RE-APPOINTMENT OF STEWARDSHIP
Whereas the following BL change was put before the 2020 PIPSC AGM;
12.5.3 (New) A Steward shall be informed of any issue that may negatively affect their Steward renewal. Such notification shall be made in writing on a timely basis.
12.5.3.1 (New) If a Branch, Sub-Group, Group or Regional Executive is considering the non-renewal of a Steward, prior to the decision being made, the rationale shall be sent to the steward and the Steward shall be afforded the opportunity to make representations.
12.5.3.2 (New) If the President is considering the non-renewal of a Steward, prior to the decision being made, the rationale shall be sent to the Steward and the steward shall be afforded the opportunity to make representations.
12.5.3.3 (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.
Whereas the BL change was split into four motions;
Whereas 12.5.3 passed on Day 1 of the 2020 AGM and then 12.5.3.1, 12.5.3.2 and 12.5.3.3 were referred to the Board of Directors because it was thought that the AGM was about to end; and
Whereas, the BL as envisaged is incomplete, because 12.5.3.1, 12.5.3.2 and 12.5.3.3 are missing;
Be it resolved that, BL12.5 (Re-Appointment of Stewardship) be amended as follows:
12.5.3.1 (New) If a Branch, Sub-Group, Group, Consultation Team President or Regional Executive is considering the non-renewal of a Steward, prior to the decision being made, the rationale shall be sent to the steward and the Steward shall be afforded the opportunity to make representations.
12.5.3.2 (New) If the President is considering the non-renewal of a Steward, prior to the decision being made, the rationale shall be sent to the Steward and the steward shall be afforded the opportunity to make representations.
12.5.3.3 (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.
Resolutions Sub-Committee Comment : Steward renewal is one of four key areas of the ongoing Steward Framework project with respect to which important process change is planned. One component of these changes is a process whereby constituent bodies provide regular feedback to stewards in such a way that constituent bodies are enabled to comply with BL 12.5.3. Implementation of these changes would result in a steward being made aware of the rationale for a constituent body’s recommendation for non-renewal prior to that recommendation being made.
Also, the process proposed in the resolution would require some level of oversight without specifying where responsibility for such oversight would lie, and it would duplicate the appeal process that exists under current policy.
B-2 BY-LAW 12 – STEWARDS
Whereas Treasury Board of Canada as the employer has a tri parties labour relations where Deputy heads are responsible for consultation and labour relation with PIPSC members such that the president of the consultation team is the normal lead representative with the Department/Agency, every other employers have a direct relationship with PIPSC; and
Whereas most Group Presidents represent PIPSC to their employers and are institute spoke persons under By-laws 23.2 but with a different role than Stewards under By-laws 23.3; and
Whereas from an employer’s perspective, Institute representatives are called stewards, and employers are notified;
Be it resolved that By-Law 12 be amended as follows:
12.4.4 Group President by virtue of being a Regular Member who is acting or elected President of a Group other than a Treasury Board Group.
12.6.4 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.
Be it further resolved that the Steward Policy be revised to address the difference between those Steward appointed by virtue of their position and those trained to represent individual members; and to address the case when a steward has both roles.
For reference to the readers
BY-LAW 23 INSTITUTE SPOKESPERSONS
23.1 President - Authority to speak for the Institute as a whole shall rest with the President. This authority may be delegated by the Board to others within special fields or competence or knowledge or under special circumstances.
23.2 Presidents of Groups and Chairs of Regional Executives - Presidents of Groups and Chairs of Regional Executives shall be empowered to speak for the Institute on such matters as come within their area of jurisdiction, but not on behalf of the Institute as a whole. AGM 2007 (e)
23.3 Stewards - Stewards may speak on behalf of the employees whom they represent on matters which may come within their competence, both within the Institute and in dealing with employers.
Resolutions Sub-Committee Comments : No comment
B-3 BY-LAW 22 - ELECTION OF OFFICERS AND DIRECTORS OF THE INSTITUTE - 22.3 Voting In Institute Elections
Whereas the following bylaw with respect to voting in Institute elections was approved at the 2020 PIPSC AGM
22.3.2 Officer and Regional Director positions will use the ranked choice ballot system and a candidate needs a majority of the vote to be elected, with run-off of unsuccessful candidates when needed to get a majority.
22.3.3 In cases where there is more than one Officer or Regional Director position in election, each successful candidate is removed from the process when elected, then the ranked choice ballot with run-off system is applied again to all the initial ballots with the elected candidate(s) removed until all the positions are filled.
22.3.4 Definition – Ranked Choice Ballot with Run-off System - Voters rank one or more candidates in order of preference. Ballots are initially counted for each voter's top choice. If a candidate has more than half of the vote based on first top choices, that candidate is elected. If not, then the candidate with the fewest votes is eliminated by run-off. The voters who selected the run-off candidate as their top choice, then have their votes added to the totals of their next choice candidate. When all the choices on a ballot have been run-off, then this ballot is exhausted. This process continues until a candidate has more than half of the remaining votes.
Whereas some of the language could be clearer
Whereas the clearest possible language is needed for election bylaws
Be it resolved that the following changes be made
22.3.2 Officer and Regional Director positions will use the Rranked Cchoice Bballot Ssystem and a candidate needs a majority of the vote to be elected. with run-off of unsuccessful candidates when needed to get a majority.
22.3.3 In cases where there is more than one Officer or Regional Director position to be elected in election, each elected successful candidate is removed from the process when elected, then and the ranked choice ballot system with run-off system is applied again to all the initial ballots with the elected candidate(s) removed until all the positions are filled.
22.3.4 Definition – Ranked Choice Ballot System with Run-off System - Voters rank one or more candidates in order of preference. Ballots are initially counted for each voter's top choice. If a candidate has more than half of the vote based on first top choices, that candidate is elected. If not, then the candidate with the fewest votes is eliminated by run-off. The voters who selected the run-off candidate as their top choice, then have their votes added to the totals of their next choice candidate. When all the choices on a ballot have been run-off, then this ballot is exhausted. This process continues until a candidate has more than half of the remaining votes
Voters rank in order of preference, one or more candidates.
- Each voter's top choice is counted
- If a candidate receives more than half of the votes, that candidate is elected.
- If a candidate is not elected, the candidate with the fewest votes is eliminated.
- The voters who selected the eliminated candidate, then have their vote counted for their next choice and the vote is retotaled.
- If all the choices on a ballot have been eliminated, that ballot is exhausted.
- This process continues until a candidate has more than half of the non-exhausted votes, and is elected
- In the event of a tie of the candidates to be elected or eliminated, a coin(s) will be flipped.
Resolutions Sub-Committee Comment: If passed, this BL would take effect for the National Election in 2024.
B-4 BY-LAW 20 – VICE-PRESIDENTS
Whereas PIPSC has a history of fighting for pay equity for its members; and
Whereas the new pay scale for part time Vice Presidents is salary replacement only and will lead to inequitable rates of pay between part time and full-time Vice Presidents
Be it resolved that the following PIPSC By-Law be amended to read;
20.5 Remuneration and Benefits The salary scale for Vice-Presidents, two (2) of whom shall serve on a full-time basis, shall be the same and shall be determined by the Board and shall be published in the Notice of Elections/Call for Nominations. Part Time Vice-Presidents are to be paid at 50% of the hours paid to full time Vice-Presidents. Vice-Presidents are not entitled to overtime payment or other special compensation for hours worked.
Resolutions Sub-Committee Comment: If passed, this BL would not take effect until January 1, 2025. FTVP hours are 35 per week and PTVP would get half (17.5 hours per week), regardless of the hours actually worked. There is no guaranteed minimum (or maximum) hours of work for PTVPs. This would be at the discretion of the President.
B-5 BY-LAW 20.5 – REMUNERATION AND BENEFITS OF VICE-PRESIDENTS
Whereas, the current bylaw on Vice-Presidents remuneration and benefits is
20.5 Remuneration and Benefits - The salary scale for Vice-Presidents, two (2) of whom shall serve on a full-time basis, shall be determined by the Board and shall be published in the Notice of Elections/Call for Nominations. Vice-Presidents are not entitled to overtime payment or other special compensation for hours worked. AGM 1999 (e)
Whereas, the Executive Compensation Committee and the Board of Directors has interpreted the bylaw to mean that Full-Time and Part-Time Vice Presidents can be paid according to different salary scales
Be it resolved that BL 20.5 be amended as follows
20.5 Remuneration and Benefits The salary scale for Vice-Presidents, two (2) of whom shall serve on a full-time basis, shall be the same and shall be determined by the Board and shall be published in the Notice of Elections/Call for Nominations. Vice-Presidents are not entitled to overtime payment or other special compensation for hours worked.
Resolutions Sub-Committee Comment: If passed, this BL would not take effect until January 1, 2025. The way the amendment is worded, the FT and PT VPs would be paid the same, regardless of hours worked. The FTVP pay scale has four increments, at which step would the PTVP be paid at. This does not take the length of time in office into consideration.
B-6 BY-LAW 2 – AIMs & OBJECTIVES
Whereas the Members are the supreme power in the Institute.
Whereas the Elected representatives implement the wishes of the members, as expressed at General Meetings of the Institute.
Whereas the control of the Institute is in the hands of members through a directly-elected President, Executive Committee and Board of Directors who implement policy and manage operations between General Meetings of the Institute.
Be it resolved that By-Law 2 be amended to include the following bylaw:
BL 2.4 - Members, as a whole, are the supreme power in the Institute. The Institute’s Board of Directors shall implement the wishes of the members, as expressed at General Meetings of the Institute. The Institute’s Board of Directors shall not take action contrary to the direction provided by the General Meeting unless necessary to avoid significant cost or serious harm to the Institute. If the direction provided by the General Meeting cannot be implemented, within a reasonable time the Institute shall notify all members in attendance at the General Meeting with an explanation.
Resolutions Sub-Committee Comment: The resolution is out of order as it is incompatible with the CNFPCA. The resolution purports to limit the members of the Board’s legal duty to two (2) factors: “avoidance of significant costs” or “serious harm”. A resolution cannot fetter the discretion of Directors under the Act to the extent of making it impossible for directors to exercise their judgment to act in the best interests of the organization.
In the alternative, even if the resolution were considered and passed by the assembly, it would be superseded by legislative requirements.
The CNFPCA imposes on members of the Board a legal duty to act honestly and in good faith, in the best interest of the Corporation and with the care, diligence and skill of a reasonably prudent person; and to ensure compliance with the CNFPCA, Regulations and by-laws. In accordance with the legislation, the Directors also bear the liability of the decisions of the Board.
B-7 BY-LAW 15 – BOARD OF DIRECTORS
Whereas the preamble to the Institutes BLs clearly state:
“Members, as a whole, are the supreme power in the Institute. Elected representatives implement the wishes of the members, as expressed at General Meetings of the Institute.”
“The control of the Institute is in the hands of members through a directly-elected President, Executive Committee and Board of Directors who implement policy and manage operations between General Meetings of the Institute.”
Be it resolved that BL 15 be amended to include the following changes:
15.2.2 - The Board shall, between General Meetings, interpret all By-Laws, resolutions and motions of General Meetings, however, the Board’s interpretation shall not act contrary to the direction of the General Meeting unless significant cost or serious harm to the Institute would result.
Any such interpretations will be promptly sent to all members of the Institute with the rational for the interpretation.
15.2.5.3 - All additions, changes or deletions to the 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 Policies including the terms and conditions of employment for the President and Vice-Presidents or elected officials compensated by the Institute.
Resolutions Sub-Committee Comment: The Resolution is out of order, as the first part (15.2.2) is incompatible with the CNFPCA and BL 24.
With respect to proposed BL 15.2.2., the resolution purports to limit the members of the Board’s legal duty to two (2) factors: “avoidance of significant costs” or “serious harm”. A resolution cannot fetter the discretion of directors under the Act to the extent of making it impossible for directors to exercise their judgment to act in the best interests of the organization.
In the alternative, even if the resolution were considered and passed by the assembly, it would be superseded by legislative requirements.
The CNFPCA imposes on members of the Board a legal duty to act honestly and in good faith, in the best interest of the Corporation and with the care, diligence and skill of a reasonably prudent person; and to ensure compliance with the Act, Regulations and by-laws. In accordance with the legislation, Directors also bear the liability of the decisions of the Board.
With respect to proposed BL 15.2.3, there is no practical impact to the amendment, as the AGM already has this authority over all policies and the proposed change does not override the authority of the Board to set compensation under BLs 19.3.1 and 20.5.