2018 Resolutions - Amendments to Institute By-Laws

B-1 BY-LAW 18 - OFFICERS OF THE INSTITUTE

18.2.2 Meetings The Executive Committee shall normally meet at least twice a month once per month.

Resolutions Sub-Committee Comment:  Potential annual saving of $35K

B-2 BY-LAW 17 - COMMITTEES OF THE BOARD

Be it resolved that new By-Law 17.5.3 be approved as follows:

17.5.3 (NEW) Executive Compensation Committee (ECC) members shall serve a three-year term of office commencing after each election of Officers and Directors of the Institute as per By-Law 22.1. The members of the committee shall be appointed by the Board no later than the third Board meeting following the election.

Resolutions Sub-Committee Comment:  No comment  

B-3 Gender Neutral Institute By-Laws

Be it resolved that the 2018 AGM approve the gender neutral version of the Institute By-Laws, as presented.

Resolutions Sub-Committee Comment:  No comment  

B-4 BY-LAW 17 - COMMITTEES OF THE BOARD

Whereas PIPSC has a standing By-Laws and Policies Committee; and

Whereas it is more cost effective to use the By-Laws and Policies Committee versus external legal; and

Whereas the By-Laws and Policies Committee are trained in matters of interpretation;

Be it resolved that where assistance is required in matters of interpretation of PIPSC bylaws and policies, the matters be referred first to the By-Laws and Policies Committee; and

Be it further resolved that new By-Law 17.2.2.1 be enacted as follows:

17.2.2.1 Interpretation of Institute By-laws, Regulations and Policies (NEW) - When the Board of Directors requires assistance in interpreting Institute By-laws, Regulations and Policies, the matters shall be referred first to the By-Laws and Policies Committee.

Resolutions Sub-Committee Comment:  The proposed resolution limits the Board's authority to interpret by-laws as set out in By-Law 15.2.2. To discharge its obligation to reach reasonable decisions, the flexibility to use whatever resources available to reach an interpretation is necessary for the Board. This is comprised of a variety of expertise and levels of experience and includes the BLPC as an important resource.

B-5 BY-LAW 20 - VICE-PRESIDENTS

Whereas the positions of Vice President were created at a PIPSC AGM; and

Whereas the duties were not defined; and

Whereas over the years, the assignment of work to the Vice Presidents has been a source of conflict; and

Whereas the membership at the 2017 PIPSC AGM reaffirmed support for the concept of 4 Vice Presidents; and

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

20.2.1 Portfolios (NEW) - The President shall assign to each Vice-President one of the following portfolios annually:

           1. Finance

           2. Negotiations

           3. Consultation

           4. Canada Labour Congress and Recruitment

Resolutions Sub-Committee Comment:  The Board recently adopted position descriptions and service agreements for the President and Vice-Presidents. These documents clarify the authority of the President in relation to the Vice-Presidents and their status as employees not just elected representatives.

The resolution fetters the newly-clarified authority of the President to assign duties to any Board member based on identified strategic objectives and organizational needs.

B-6 BY-LAW 13 GENERAL MEETINGS OF THE INSTITUTE

Whereas the PIPSC AGM is defined as the supreme governing body of the institute; and

Whereas individuals or constituent bodies that submit policy resolutions on time have an expectation their item will be dealt with. Unfortunately, the last several years have shown us that many of these resolutions die on the order paper or get referred for consideration,

Be it resolved that the following change be incorporated into the PIPSC By-Laws:

13.1.4.3.3 (NEW) At the conclusion of the PIPSC Annual General Meeting, any policy resolutions that were received on time but not dealt with at that meeting, be referred to a special meeting comprised of the membership of the Advisory Council and the Board of Directors, for decision.

Policy resolutions referred will be deemed to have been moved and seconded. Movers of the original motion will not be invited but may select a member of the Advisory Council or Board of Directors to speak on behalf of their motion.

Resolutions Sub-Committee Comment:  The authority to govern between Annual General Meetings rests with the Institute's Board of Directors. The passage of this resolution would require amendments to other By-Laws (10.4.2 & 15.2.1), none of which have been submitted prior to the deadline. This resolution should be ruled out of order, as per similar past decisions.

B-7 BY-LAW 7 - RIGHTS OF MEMBERSHIP / BY-LAW 22 - ELECTION OF OFFICERS AND DIRECTORS OF THE INSTITUTE

Whereas PIPSC is a union and its main function is to defend the employees it represents;

Whereas unions are democratic organizations created by and for workers;

Whereas members of the Board of Directors of a union must know the work environment of their members;

Be it resolved that the following by law changes be adopted:

7.1 Regular and Retired Members Only Regular and Retired members 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 shall be eligible to attend General Meetings of the Institute. Only Regular members shall be eligible for appointment as Stewards or to be candidates for positions on the Board of Directors.

22.2.3 Retired members are not allowed to begin a new term but they may complete their current term.

Resolutions Sub-Committee Comment:  The effect of this resolution is to restrict rights of Retired members, one of the three (3) specified classes of members outlined in PIPSC’ articles of continuance. Pursuant to section 197 (1) of the CNCA, this is a Special Resolution which would require a majority vote of not less than 2/3 of the votes cast by each class which would require separate votes by each of the regular and retired members classes entitled to vote at the AGM.

B-8 BY-LAW 13 - GENERAL MEETINGS OF THE INSTITUTE

Whereas many constituent bodies cannot send any delegates to a PIPSC AGM (other than once over a number of years) preventing their participation in PIPSC business; and

Whereas this resolution would allow many more constituent bodies to send a single representative to the PIPSC AGM; and

Whereas Institute By-Law 13.6.2 allows for one (1) delegate for every two hundred (200) members; and

Whereas it is important for democracy for our constituent bodies to have a voice in our union business; and

Whereas Institute By-Law 13.2.4 limits the size of the PIPSC AGM to four hundred (400) members; and

Whereas there are locations that can now accommodate the intended number of delegates in the 1 in 200 members ratio;

Be it resolved that Institute By-Law 13.2.4 be removed from the Institute By-Laws.

13.2.4 Size of Annual General Meeting Should the total number of delegates initially determined under either By-Law 13.6.2 or By-Law 13.6.3 exceed two hundred (200), the reference to two hundred (200) in that By-Law shall be deemed to be a number such that the total number of delegates determined under that By-Law shall equal two hundred (200).

Resolutions Sub-Committee Comment: Based on the December 31, 2017 membership count, an additional 236 delegates would be eligible to attend the AGM, resulting in a total additional cost of $560,500. This would require outsourcing additional hotel space to house delegates as well as additional shuttle service to commute to and from the convention venue.

B-9 BY-LAW 13 - GENERAL MEETINGS OF THE INSTITUTE

Whereas the Annual General Meeting (“AGM”) is the Supreme Governing body of the Institute; and

Whereas details of proposed changes are only required to be provided to all members no later than four weeks before the AGM; and

Whereas four (4) weeks does not provide sufficient time for delegates to the AGM to canvas their membership to ensure that they have received input and direction from their members with respect to proposed By-Law changes;

Therefore be it resolved that By-Law 13.1.4.1 be amended as follows:

13.1.4.1 No By-Law shall be enacted, repealed or amended by an Annual General Meeting unless:

(b) details of the proposed changes were provided to all members not later than four (4) six (6) weeks prior to an Annual General Meeting.

Resolutions Sub-Committee Comment:  The proposed resolution would reduce the time needed by the Resolutions Sub-Committee to consult with members and for the processing of resolutions (translation and posting), as per By-Law 13.1.4.1, which states that "No By-Law shall be enacted, repealed or amended by a General Meeting unless details of proposed changes were submitted to the Office of the Executive Secretary no later than twelve (12) weeks prior to a General Meeting".

B-10 BY-LAW 16 - MEETINGS OF THE BOARD

AMENDED BY: AFS Group Doug Mason

Whereas Paragraph (a) of Institute By-Law 16.3.1 allows the President to call a Special Board meeting at their sole discretion; and

Whereas Paragraph (b) of Institute By-Law 16.3.1 currently provided that a Special meeting of the Board may be called within two (2) weeks of the date of receipt by the President of a written request from not less than (7) members of the Board; and

Whereas if seven (7) members of the Board of Directors have determined that an issue is sufficiently important that it needs to be addressed by the Board before its next regular meeting, the President should be required to call the meeting as requested; and

Therefore be it resolved that By-Law 16.3 be amended as follows:

By-Law 16.3.1 A Special meeting of the Board may be shall be called:

a. By the President, or

b. Or shall be called within two (2) weeks of the weeks of the date of receipt by the President of the written request from not less than seven (7) members of the Board.

Resolutions Sub-Committee Comment:  The total cost per day of a Board meeting is $25K.

B-11 BY-LAW 17 - COMMITTEES OF THE BOARD

Whereas Committees of the Board shall normally include regional representation and;

Whereas the Chair of the Committee is responsible for the functioning of meetings and reporting back to Board of Directors;

Be it Resolved that bylaw 17.1.3 be amended to the following:

17.1.3 Composition All Committees shall consist of five (5) to seven (7) members and, unless otherwise specified, shall include (1) member from each Region.  Where there is a Vice-President liaison to the committee, the Vice-President does not count as a member of the committee.  The committee Chair shall not be considered a member of a Region.

Resolutions Sub-Committee Comment:  No comment