P-11 Dispute Resolution & Discipline Policy (DRDP)

Sponsor: Peter Taticek, NCR Director | Disposition: Referred to the Board of Directors

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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