DISPOSITION OF 2019 AGM RESOLUTOINS
Presented to the 101st Annual General Meeting
B-1 BY-LAW 17 – COMMITTEES OF THE BOARD – Sponsor: Board of Directors
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. CARRIED AS AMENDED
DISPOSITION – COMPLETE
B-2 BY-LAW 14 – FINANCIAL MATTER AND FEES – Sponsor: Board of Directors
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. CARRIED AS AMENDED
DISPOSITION – COMPLETE
B-3 BY-LAWS 19, 20, 21- RESPONSIBILITIES – Sponsor: Board of Directors
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. CARRIED
DISPOSITION – COMPLETE
B-5 AMENDED INSTITUTE BY-LAWS AND POLICIES – Sponsor: Board of Directors
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 *. CARRIED
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. CARRIED AS AMENDED
DISPOSITION – COMPLETE
B-8 BY-LAW 7 – RIGHTS OF MEMBERSHIP – Sponsor: NCR Regional Council
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.
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.
Moved and seconded that this issue be deferred 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.
Instructions:
Clear definition of contractor
Opinion of legal
Board and AC implication
Report back to the 2020 AGM REFERRED TO THE BOD (BLPC)
DISPOSITION – COMPLETE
B-10 BY-LAW 16 - MEETINGS OF THE BOARD – Sponsor: NCR Regional Council
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. CARRIED
DISPOSITION – COMPLETE
F-1 Audited Finance Statements - Sponsor: Board of Directors
Be it resolved that the 2019 AGM receive the audited financial statements for the fiscal year ending June 30, 2019. CARRIED
DISPOSITION – COMPLETE
F-2 Appointment of Auditors - Sponsor: Board of Directors
Be it resolved that BDO Canada be appointed as auditors of PIPSC and its related entities, for the 2020-2021 fiscal year. CARRIED
DISPOSITION – COMPLETE
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. CARRIED
DISPOSITION – COMPLETE
F-5 Constituent Body Funding – Sponsor: NCR Regional Council
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. CARRIED
DISPOSITION – COMPLETE
F-9 Visibility Items for Constituent Bodies - Sponsor: Atlantic Regional Executive
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. CARRIED
DISPOSITION – COMPLETE
P-1 Re-Appointment of Stewardship – Sponsor: NCR Regional Council / Ontario Regional Council
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. REFERRED TO THE BOD
DISPOSITION - This resolution was referred to Director Skanes, Atlantic Regional Director and Chair of the Training & Education Committee, who is overseeing the redefinition of the Steward Model project. This is still ongoing and will be addressed in the steward model that is set to begin rolling out in the later part of 2021.
P-2 Duty to Accommodate Policy – Sponsor: NCR Regional Council
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. REFERRED TO THE BOD
DISPOSITION - The Board referred this resolution to the Human Rights & Diversity Committee for consideration. The initiative is ongoing, with a target date of completion of December 2020. =
P-3 Family Care Policy – Sponsor: NCR Regional Council / CS Group
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. REFERRED TO THE BOD
DISPOSITION - The Board referred this resolution to the Finance Committee for consideration. The Finance Committee does not recommend any change to the existing Family Care Policy.
P-4 Professional Competencies – Sponsor: NCR Regional Council
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. REFERRED TO THE BOD
DISPOSITION - After due consideration, the Board dismissed this resolution. No further action will be taken.
P-5 Stewards – Sponsor: NCR Regional Council
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. REFERRED TO THE BOD
DISPOSITION - After due consideration, the Board dismissed this resolution. No further action will be taken.
P-6 Financial Statements – Fund Accounting – Sponsor: Ontario Regional Council
Be it resolved that the PIPSC financial statements show the Operating Fund, Strike Fund and Bargaining Fund separately and show a consolidated total. REFERRED TO THE BOD
DISPOSITION – COMPLETE
P-7 Single-Use Water Bottles – Sponsor – Québec Regional Council
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. REFERRED TO THE BOD
DISPOSITION – COMPLETE in terms of the National and Regional Offices.
P-8 Voluntary Self-Identification Process – Sponsor: RE Group
Be it further resolved that the techniques to protect the confidentiality of small populations of persons be appropriately applied.
REFERRED TO THE BOD
DISPOSITION - IT has created a password-protected section of the database to host this sensitive information. The conversations have given rise to other questions about who among the leadership and staff should have access to this data and how the data should be used to meet Institute objectives for greater inclusion and diversity. The Director of Policy and Communications, has been tasked to develop a proposal and options for operationalizing the resolution.
P-10 PIPSC Family Care Policy – Sponsor: RE Group
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.’ REFERRED TO THE BOD
DISPOSITION - After due consideration, the Board dismissed this resolution. No further action will be taken.
P-11 Training Policy – Sponsor: IOTSO AFS Sub-Group
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. REFERRED TO THE BOD
DISPOSITION - After due consideration, the Board dismissed this resolution. No further action will be taken.
P-12 Election Activities - Sponsors: CS Group Executive
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. REFERRED TO THE BOD
DISPOSITION - After due consideration, the Board dismissed this resolution. No further action will be taken.
P-13 Friends of Committees of the Board of Directors – Sponsored by CS Group Executive
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. REFERRED TO THE BOD
DISPOSITION - After due consideration, the Board dismissed this resolution. No further action will be taken.
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
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.
Be it further resolved that the policy on Balancing Union Activity and Family Life be revised to incorporate the following statement:
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. REFERRED TO THE BOD
DISPOSITION - After due consideration, the Board dismissed this resolution. No further action will be taken.
P-15 Institute’s Discipline and Dispute Resolution Policy - Sponsor: Shannon Bittman
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. REFERRED TO THE BOD
DISPOSITION - After due consideration, the Board dismissed this resolution. No further action will be taken.
P-16 Friends of the Finance Committee – Sponsors: Stacy McLaren and Stan Buday
Be it resolved that friends be allowed to participate on the Finance Committee. REFERRED TO THE BOD
DISPOSITION - After due consideration, the Board dismissed this resolution. No further action will be taken.