2017 PIPSC AGM Minutes

THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA

MINUTES OF THE 98^th ANNUAL GENERAL MEETING

NOVEMBER 17-18, 2017

HILTON LAC LEAMY, GATINEAU, QC

Co-Chairs, Marilyn Best and Laurent Joncas, called the 98^th Annual General Meeting to order at 8:30 a.m. and welcomed all delegates and observers. They introduced the head table, namely Debi Daviau (President), Robert Trudeau (Parliamentarian) and Julie Gagnon (AGM Coordinator and Recording Secretary).

Friday, November 17, 2017

Several housekeeping announcements were made.

1. Observance of Moment of Silence

The meeting started with a minute of silence for members who passed away in 2017.

2. Approval of Agenda

Moved and seconded that the agenda be approved as presented.

The motion was amended as follows:

Moved and seconded that the 2016 AGM resolutions P-10 (Access to Details of Committees’ Financial Transactions), P-11 (Promoting Union Values in Hiring Process), P-12 (Regional Youth Committee Leaders) and P-13 (Bilingual Chair for the Institute AGM) be added to the non-budgetary resolutions, after the 2017 AGM resolution P-2 (Reporting on Activities Outside the Institute). Carried

The motion, as amended, carried. The agenda was approved as amended.

3. Approval of Rules of Procedures

Moved and seconded that the Rules of Procedures for the 2017 PIPSC Annual General Meeting be approved.

Carried

4. Approval of Minutes

Moved and seconded that the minutes of the 97^th Annual General Meeting be adopted as presented. Carried

5. Matters Arising from the Minutes

There were no matters arising from the 2016 AGM minutes.

6. Report on Resolutions Adopted at the 2016 AGM

The report on resolutions adopted at the 2016 AGM was received by the 2017 AGM.

7. Disposition of the 2016 AGM Resolutions

Moved and seconded that the report on the disposition of the 2016 AGM resolutions be received by the 2017 AGM.

Clarification was sought on the disposition of resolution P-15 (Aboriginal Issues), referred to the Human Rights and Diversity Committee (HRDC).

J. Carr, member of the HRDC, spoke on behalf of the HRDC, explaining that as the Committee Chair had been removed from her committee duties for several meetings, the Committee had not been functional and did not have time to address this matter in a timely manner. More information can be provided by the Committee on some of the recent discussions that were held.

As a number of resolutions were also referred to the Advisory Council, the AC Director pointed out that the mover of the resolutions in question (K. Oppen) had been invited to the AC to discuss her resolutions but was unable to attend the meeting. The AC provided its recommendations to the Board, who supported those recommendations.

President Daviau explained that it was an unusual circumstance to have resolutions referred to the AC and should have been referred to the Board.

The motion carried.

8. Guest Speaker

Alex Himelfarb, former Clerk of the Privy Council, addressed the delegates at the 2017 PIPSC Annual General Meeting.

He declared that the public service is unique and must always be different from the private sector. The private sector focuses on the bottom line.

The public service must focus on the public good – issues such as public safety, the environment, the social safety net, and infrastructure.

There is a perception that there is a growing distance between the people and the government that serves them.

Distrust in government is detrimental to society and we must build a new narrative and who better to lead that

• than the public sector which is all about the public good;
• public sector unions – which stand for solidarity.

The public service is all about the public good, and the public good is about more than the bottom line. The Institute’s has the correct goals: to reverse privatization and promote scientific integrity. Until we find the money to back up public science and fix tax fairness, we can’t fix the problems.

The irony is that the government cut the resources needed to fix the tax leakage. The cuts to the Canada Revenue Agency cost more than the money they think they are saving through the cuts. We need to work for fairness in the tax system -- so we can focus on things we want to do. The leadership can come from union members like the AGM delegates here. We must reinstate the emphasis on the common good.

We will get the future we deserve and the future we’re willing to pay for.

9. President’s Opening Address and Executive Report

President Debi Daviau delivered a vibrant bilingual address.

With a nod to the international study that concluded Canadians have the most effective public service in the world, the President commented, “I think we have one of the most effective unions, too!” As evidence, President Daviau highlighted what PIPSC has accomplished in the past year:

• Together, we negotiated provisions to protect against the muzzling of scientists.
• Together, we secured collective agreement language to reduce the federal government's over-reliance on outsourcing.
• Together, we saved the federal sick leave system and created an opportunity for genuine negotiations on meaningful improvements.

There are other accomplishments to celebrate this year.

• Yukon Hospital Corporation members secured their first negotiated agreement.
• New Brunswick Crown Prosecutors are no longer the lowest-paid prosecutors in the country.
• Members of the University of Ottawa Information Technology Professionals recently reached an agreement-in-principle with their employer, avoiding a strike.

Outside of the bargaining process, the Institute scored other victories. The longstanding call for more investments in the Canada Revenue Agency was heard in the federal budget. Our voices were heard in opposition to Bill C-27 and its threat to defined benefit pensions – one of the vital safeguards of middle-class incomes for retired workers.

A lot of these efforts and achievements are vital not just to PIPSC members but, as Alex Himelfarb said, to “the common good”. Members, like most Canadians, don’t want the Institute bogged down in small, inward-looking struggles. They want and need to fight the bigger battles that benefit them and everyone.

The work done to advocate public interest bargaining, to fashion common demands, and to build solidarity among Groups has served the members and Canadians well. More science and evidence-based public policy benefit everyone. So does a tax system that can tackle offshore tax havens. So does a government that hires full-time, permanent, unionized professionals.

Therefore, the model of collective action represented by the Strategic Bargaining Committee needs to continue. It needs to continue so that we can fight more effectively for our members on issues such as real job security, better sick leave, stronger pensions and set a path that others in the country can also follow to win.

The Institute has continued to work hard to convince the government to invest more in Canada’s public service. Through our pre-budget consultation submission to the federal finance committee, we called on the government to do three things:

• restore Canada’s public science capacity
• reduce over-reliance on outsourcing of government services, and
• ensure the integrity of our tax system.

In October, the Institute organized lobby teams to deliver its messages directly to MPs on Parliament Hill. The best public service in the world deserves far better than the Phoenix payroll system. Many grievances have been filed against the employer – the only legal means of pressuring the government to repair the system and properly compensate all members who have been harmed or impacted.

The President has met with the ministerial working group responsible for fixing Phoenix. Finally, on November 14, President Daviau held a press conference to challenge the government to abandon the Phoenix pay system and replace it with a new system that works – one that’s built by and for public servants. PIPSC has the skills and resources – as union members, Canadians and public employees – to make a difference in members’ and others’ lives.

Better Together is no longer just a slogan. It’s a promise, a measure of our collective success. As our accomplishments of the past year and the challenges before us demonstrate, we all have a stake in ensuring we remain better together. (A viewing of the complete video can be found on the PIPSC Web site.)

The floor was opened to questions from the assembly.

Q – Clarification was sought on the reasons why Phoenix was still not working. Some were of the view that more data was needed for members to better understand what the problems are and that CS members could rebuild the system once that data is provided.

A – The plan is to build a new system. Stewards Council and a majority of members expressed concern that fixing Phoenix is not enough and that it needs to be replaced. Additional data is being gathered on the glitches in the current system and a high level solution will be proposed to government.

Q – Will there be language and program details in collective agreement to ratify sick leave? Could this be done before the next round of bargaining, if the employer agrees to negotiate the language on sick leave? Will all of the sick leave banks be protected?

A – The MOA negotiated was to ensure that certain things are untouchable, one of which are sick leave banks over 26 weeks. Banks under those 26 weeks are currently under negotiation and the Employee Wellness Support Program (EWSP) Advisory Team is currently negotiating this. It is unclear at this time what will come out of those discussions however the goal is for members to have full coverage when they are sick.

A delegate pointed out that contracting out remains a key issue for the CS Group and is also an important issue for Canadians. He thanked the Institute for all the efforts made on that front and informed the AGM that the CS Group was working to put in place an action plan to continue fighting contracting out.

Q – Is the Institute fighting bigger battles such as tax reform?

A – The government is taking on tax reform, as is the CLC, which links to tax fairness but Phoenix remains the current priority to put pay advisors back into the offices to advise and assist members during the Phoenix fiasco. PIPSC has been advocating for rebuilding departmental capacity and has been engaged in discussions at the national consultation table, putting pressure to hire more people otherwise, more grievances will be filed.

Q – What kind of audit process has been put in place to track issues relating to Phoenix?

A – A mandamus was filed by the PSAC however PIPSC was not part of that action as it felt that a class action law suit cannot be done on work related issues. As per legislation, the recourse needs to be followed therefore, policy grievances were filed.

The Auditor General will be producing report to which PIPSC will be responding. The Institute is doing detailed work with members to determine what is missing in terms of dues and money owed to members and is negotiating settlements with governments.

Q – Is consideration being give to using compensation advisors and internal CS members to rebuild the system?

A – The solution on the table is to tap into CS members to rebuild the system.

Q – How is PIPSC addressing governance issues and contributing to the decision-making at the top level (in terms of Phoenix) and how will trust be reinstated?

A – The President stated that she had met with the CIO of the Government of Canada and will be taking part in discussions of the government structure managing IT projects overseen by a Digital Advisory Board, on which the President will sit. One of the goals is to find ways to mitigate damages going forward.

Q - Contracting out is being challenged by the Minister regarding the recent numbers of contractors. Are they required to provide numbers?

A – There is no written rule anywhere but the numbers should be provided at the national consultation table, which would be the right thing to do. The President stated she was willing to address this.

Q - A delegate raised the issue of dysfunction at the Board and asked what the President was doing to make the Board more functional. She also asked for a commitment from the President to open Board meetings to members, in the spirit of transparency.

A – The President stated that this would be a decision of the Board as a whole, just like any other decisions made at the Board. Despite the conflict and dysfunction, all objectives are being achieved. Inter-personal conflicts will follow their due course.

10. Steward of the Year Presentations

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. The Steward of the Year award was presented to the following Stewards:

Atlantic Region: Fay Cormier, SH

Québec Region: Vicky Painchaud, CS

National Capital: Pierre Touchette, CS

Prairie/NWT: Holly Ruryk, SH

Ontario: Kendra Moore, AFS

BC/Yukon: Efrain Andia Rodriguez, CS

11. Proposed By-Law Amendments

Moved and seconded that,

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 in even numbered years as provided for in these By-Laws and Regulations 10. The AC Director shall have the right to vote at AC meetings.

10.4.4.2 AC Steering Committee (Except AC Director) Each year, there shall be an election of Officers of the Advisory Council. The newly elected Officers shall take office immediately following the meeting at which they were elected. The Chair, the Treasury Board representative and the Federal Government Agencies representative shall normally be elected in even-numbered years. The Vice-Chair and separate employers’ representative shall normally be elected in odd-numbered years.

10.4.4.3 10.4.4.2.1 (Renumbered) Notice of the election shall be included with the agenda for the meeting at which the election takes place. Nomination for election is not contingent upon attendance at the meeting, but candidates must indicate, in writing, a willingness to stand for election.

10.4.4.410.4.4.2.2 (Renumbered) The election shall be conducted by a members of the Advisory Council who is are not a candidate in the election. The election shall be by secret ballot. The candidate who receives the plurality of legal votes shall be deemed elected. Following completion of the election, the ballots shall be destroyed.

R10.4.4.1.1 Timing of Election The AC Director shall be elected by secret ballot at the last regularly scheduled AC meeting in even years. BOD 2006 (e)

R10.4.4.1.2 Eligibility For the purposes of By-Law 10.4.4.1, the incumbent AC Director shall be considered a Group representative to the AC and shall be eligible to stand for re-election.

R10.4.4.1.3 Term of Office The AC Director shall serve for a 2 year term commencing on the January 1st immediately following his election. BOD 2006 (e)

R10.4.4.3 Nominations Nominations for the position of AC Director may be submitted in writing to the Chair of the AC or may be made from the floor. BOD 2006 (e)

22.1.2 Nominations Nominations must be in writing, signed by at least one hundred (100) members for candidates for the office of President, fifty (50) for the office of Vice-President, and twenty-five (25) for the position of Regional Director, and contain the consent of the nominees attested to by their signature. Such nominations must be received at the National Office not later than 5.00 p.m. on the day fixed for the close of nominations. Both original nomination forms and nominations submitted by facsimile transmission shall be accepted as official nominations. The date fixed for the close of nominations shall be not less than ten (10) weeks before the date fixed for the election.

Resolutions Sub-Committee Comments - This By-Law amendment is meant to address the requirement that the election of Directors take place at an Annual General Meeting, pursuant to subsection 128 (3) of the Canada Not-for-Profit Corporations Act.

It was pointed out that this motion was presented as resolution B-5 in 2016 and was referred to the Board of Director as it was incomplete in terms of the how the election of the AC Director would be conducted. Some were of the view that the work had not yet been done therefore the resolution should be referred to the BOD

Moved and seconded that resolution B-1 be referred to the Board of Directors.

It was clarified that this is a housekeeping matter and that the intent of the resolution is simply to comply with the NFP Act therefore there was no need to refer the matter back to the Board. The necessary work has been done to align the AC Director election with the other elections.

The motion to refer was defeated.

The main motion carried.

Moved and seconded that,

14.3.1 Annual Allowance - Each constituent body will be eligible to receive an annual allowance based on the number of members in each constituent body on the roll as of December 31 of the preceding year as set by the Annual General Meeting. Allowances will be established based on the following member composition:

Branches – number of Regular members, Retired members and Rand deductees;

Groups – number of Regular members and Rand deductees; and

Retired Members Guild – number of Retired members

Allowances will only be paid with respect to the current calendar year. The purpose of the allowance is to enable constituent bodies to defray the normal cost of conducting their business.

Resolutions Sub-Committee Comments - The proposed resolution would add Retired Members to the member composition of Branches for the annual allowance calculation. The net cost would be $25,700 based on number of members as of December 31, 2016.

The issue pertained to smaller Branches encountering financial difficulties as a result of not receiving funding for their retired members. The proposed amendment would ensure funding to constituent bodies who allow the participation of retired members.

It was clarified that Sub-Groups would not be affected as this would only apply to small Branches to help defray the costs for the participation of their retired members. This being said, similar funding for Groups and Sub-Groups could be an option as well.

Some were of the view that PIPSC should be focused on active members and although the participation of retired members is valuable, funding should be provided for members in the workplace. At the Branch level, members work with the employer on workplace issues therefore funds should be directed to those efforts. The Retired Members’ Guild is in place to fund retired members’ activities.

It was noted that some retired members do critical work for the Institute at all levels such as mentoring, addressing pension issues, speaking out on behalf of other members, devoting time and energy at no cost. Retired members cannot be restricted from participating in Branch activities therefore funding is required, especially for smaller Branches. This would solve a ongoing problem and would help members moving forward.

The question was called.

The motion carried.

Moved and seconded that,

17.3.2.1 The Elections Committee may also act as an elections committee for other elections as requested by:

a) the constituent body elections committee, or

b) the constituent body executive, or

c) the Board of Directors

Resolutions Sub-Committee Comments - Currently the Elections Committee may be requested to provide assistance by a constituent body elections committee or by a constituent body executive. This By-Law would add the Board of Directors as a body that could request the assistance of the Elections Committee in an Institute election.

Some raised concern with the intent of the resolution, which may be an over-reaching practice.

It was clarified that this is already the practice and is simply being codified in the BLs. It was further clarified that there are rare occurrences when constituent bodies seek the assistance of the Board (Elections Committee) for their elections. The Board also has the responsibility to ensure that all constituent bodies follow Institute BLs, their BLs and other governing documents. The Board could be liable if this is not done. It was clarified that the Elections Committee would intervene only at the request of the Board of Directors.

Moved and seconded that resolution B-3 be referred to the Board of Directors. Defeated

The question was called.

The motion carried.

Moved and seconded that,

24.2.1 Disciplinary actions shall not be implemented or communicated by the Institute until the later of the date for filing an appeal has passed pursuant to the Institutes policy, or the disciplinary decision has been upheld on Appeal. AGM 2016

Resolutions Sub-Committee Comments - The Board of Directors is proposing this By-Law amendment further to a recommendation made by the Member Conduct Roster to the June 2017 Board meeting. The Roster’s recommendation was supported by the following notes:

In 2016, the Institute’s AGM adopted a resolution amending By-Law 24 to add:

24.2.1 Disciplinary actions shall not be implemented by the Institute until the later of the date for filing an appeal has passed pursuant to the Institute policy, or the disciplinary decision has been upheld on Appeal.

Allegations of misconduct are processed under the existing Dispute Resolution and Discipline Policy (“DRDP”). The Institute has in the past been confronted with serious allegations of misconduct ranging from financial improprieties, to sexual or physical assault and even to raiding of Institute members. Such allegations have been the subject of investigations under the DRDP and have often resulted in findings of misconduct requiring the imposition of disciplinary sanctions. Pursuant to the current Policy, in order for any suspension or expulsion to occur, an investigation must be carried out.

While any member can appeal disciplinary sanctions, such appeal can be time- consuming and can take several months before the disposal of the appeal. These delays are often the result of the third-party neutral’s availability and oftentimes, it is the appealing member who requests extensions of time to go through the process. Allowing an appellant to carry on as if no finding of misconduct has been made while the appeal process takes its course, as the new By-Law 24.2.1 now provides, imposes significant liability risks to the Institute.

In reviewing other organizations’ approach to dealing with disciplinary sanctions, it is apparent that a disciplinary penalty is not automatically suspended on appeal. On the contrary, unless a motion for a stay is sought in Court and granted, members of those organizations are subject to the disciplinary measure whilst the appeal process is ongoing. The only exception relates to police officers, who in many jurisdictions, continue to receive pay until all disciplinary appeals are exhausted. Appendix A, attached, provides examples of non-Institute bodies where the imposition of disciplinary measures take effect immediately notwithstanding appeal rights.

The MCR strongly believes that the disciplinary measures it has imposed over the past three years related to serious cases of misconduct that warranted immediate intervention once the investigation process was complete. The MCR is concerned about the risks associated with By-Law 24.2.1, in that it allows individuals who have been found to have engaged in misconduct by a third party to continue as if nothing had occurred. This has the potential of putting other members, including complainants, in harm’s way. It creates risk for the Institute to be found liable should further harm ensue on the basis that the Institute knew about the risk of harm and had a duty to act to prevent it. This is contrary to what the Institute advocates for on behalf of its members in the workplace and shifts the risk entirely onto the Institute and its members, away from the respondent, who would have had the benefit of a full investigation prior to having been suspended or removed from office.

It was stated that the Member Conduct Roster (MCR) had serious concerns with the BL change approved by the 2016 AGM, which further exposed the Institute to liability and needed to be addressed. Applying discipline pending an appeal is a common practice and is appropriate. If an investigation determines that a member was found to have done something serious and is allowed to remain in position pending appeal, this could expose other members to further harm and the Institute to further legal action.

Some felt that the appeal process is often lengthy and that the member could be penalized for a prolonged period of time, possibly unnecessarily if found not guilty.

It was clarified that the appeal process is not in the Institute’s control. It was also reiterated that there is serious liability to the organization if the current practice is allowed to continue.

The motion carried.

Moved and seconded that,

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

12.3 Term Stewards 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. 4.1 By Election By virtue of being elected by members in his area of jurisdiction.

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

12.4.2.1 Sub-Group, Branch and Regional Executives may recommend Stewards appointments to the appropriate Group Executive which, in turn, may recommend the appointment to the President.

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

12.5 Re-Appointment of Stewardship The authority to renew a Steward’s terms rests exclusively with the President. Upon expiry of the term of Stewardship, a Steward may be re-appointed as follows:

12.5.1 By Re-Election Upon being re-elected by members in his area of jurisdiction.

12.5.2 By Renewal Subject to the recommendation of the appropriate Group Executive, by choosing to renew his term of office, unless the member loses an election for the position of Steward.

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

12.6.1 If he ceases to be a Regular member of the Institute.

12.6.2 If he is no longer employed in the area of jurisdiction.

12.6.3 If notification of his resignation as a Steward is received at the Institute National Office.

12.6.4 If he is not reappointed following expiry of his Stewardship.

12.6.5 Where the member is a Steward only by virtue of serving on the Board, his Stewardship shall end when his term of office expires or when he ceases to be a Regular member.

12.6.6 If he loses an election for the position of Steward.

12.6.7 If a complaint from a member results in a recall vote which the Steward subsequently loses.

12.6.8 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 Comments - The purpose of this By-Law amendment is to remove references Steward elections, based on the following:

1. The authority to appoint a Steward rests solely with the President pursuant to By-Law. 12.4.
2. While an election is one mechanism to recommend a steward for appointment, pursuant to 12.4.1, no such election has ever taken place.
3. This is likely because the Institute, for many years, has welcomed all members who wish to become stewards to apply in the normal manner so their applications may be considered by the President. Therefore, it has been unnecessary to hold elections for Stewards.
4. A constituent body is free to nominate an individual to become a steward in accordance with By-Law 12.4.2.1. This ability obviates the need to hold an election, as the will of the Branch membership can be expressed through the recommendation. Likewise, given the wording at By-Law 12.4, a steward election is no more than a means to recommend the appointment of a steward; the authority to appoint the steward remains exclusively with the President.
5. The process for holding such an election is set out in Regulation 12.4.1. It calls for the Executive Committee to appoint an elections committee to administer the election and send a call for nominations in the “area of jurisdiction”. The term “area of jurisdiction” is not defined in the Institute’s By-Laws, Regulations or in the Steward Policy. In practice, we do not have areas of jurisdiction.
6. The election process set out in the Regulation further requires the elections committee to provide all members in the area of jurisdiction with an opportunity to vote. It does not provide any information about how many stewards may potentially be elected as a result of this election.
7. A significant amount of effort and potentially resources are involved in carrying out an election which will ultimately result in one or more individuals being recommended for appointment as stewards. The President will choose to accept or reject those recommendations. The Executive Committee should not be bound to engage time and resources in a process that will not achieve any palpable results.
8. As such, unless the Institute wishes to restrict the number of applications for stewardships to be considered in the normal manner, the election process serves no useful purpose. Even when more individuals apply than the Institute feels is required, the President may keep that consideration in mind that as part of her decision-making process when determining whether or not to accept the recommendation.

Finally, it should be noted that the Board currently interprets By-Law 12.4.1 and Regulation 12.4.1 in the following manner:

The Executive Committee will not cause a stewards election to be held unless it has determined that it is necessary to limit the number of steward applications that are to be received in the normal manner set out at By-Law 12.4.2.1 and 12.4.2.2. In the event that such an election is called, the Executive Committee shall establish the area of jurisdiction having regard to all the circumstances and on a case-by-case basis.

Moved and seconded that the following article be amended as follows, as there seemed to be an administrative error:

12.5.2 By Renewal Subject to the recommendation of the appropriate Group Executive, by choosing to renew his term of office, unless the member loses an election for the position of Steward.

The Chair ruled the amendment out of order as it was not submitted in writing.

The Chair was challenged on his ruling as this was simply an oversight on the mover’s part. The AGM did not support the Chair’s ruling therefore the amendment carried and was debated.

On the amended motion,

Some were of the view that member participation should not be withheld, which would be the result of the proposed changes. This would also create an issue for some Groups who are bound to the election of Stewards by their collective agreement.

Clarification was sought regarding the deletion of Article 12.6.2 (area of jurisdiction) as it was not related to the election of Stewards. It was clarified that this is old language and a redundancy that is no longer required.

The question was called

The motion carried.

Moved and seconded that,

26.6 Institute Scholarship Program AGM 2008 (e)

26.6.1 The Professional Institute will provide scholarships for post-secondary education through its Scholarship Program. AGM 2008 (e)

26.6.1.1 The Scholarship Program will be governed and administered by the Professional Institute Legacy Foundation. AGM 2008 (e)

26.7 Institute Scholarship Fund

26.7.1 Institute shall establish a fund which shall be used exclusively to provide scholarships for post-secondary education. AGM 1999 (e)

26.7.2 The fund shall be created from voluntary contributions of subordinate bodies and other sources and all accrued interest will remain part of the fund. No contributions from the general funds of the Institute shall be permitted. AGM 1999 (e)

26.7.3 The Scholarship Legacy Fund will be held in trust, governed and administered by the Professional Institute Legacy Foundation as a part of the Institute Scholarship Program.

AGM 2008 (e)

26.7.4 Recipients of scholarships from the Institute Scholarship Fund Program shall be children or grandchildren of Regular members or Retired members in good standing. “Children and grandchildren” shall be deemed to include the children or grandchildren of a member’s spouse or common-law spouse, stepchild, or ward of the member. For the purposes of this By-Law, “member” shall include deceased members in good standing at the time of their death. AGM 2008 (e)

26.7.5 The rules governing the Institute Scholarship Fund Program shall be adopted by the Board. and included in the Regulations. AGM 2008 (e)

Resolutions Sub-Committee Comments - The purpose of this set of amendments is to reflect the evolution of the Fund, the Scholarship Program and of the creation of the Legacy Foundation.

The evolution of the Scholarship Program since the creation of the Legacy Foundation, having as its main purpose the administration and management of the entire Scholarship Program, has given rise to a need to revise Institute’s By-Laws and regulations to ensure that the rules governing the Program bind the appropriate corporation, in this case, the Legacy Foundation.

To address the above concerns, the Institute, as the sole member, has issued guidelines to the Legacy Foundation. The information removed from the By-Laws is fully captured by these guidelines.

The Legacy Foundation is separate from the BLs and should not remain enshrined in the BLs.

Some were of the view that Institute funds should not be used to fund the Legacy Foundation. There was also concern raised with removing BL 26.7.4, which would make it unclear who the scholarships would be awarded to. This could open the door to too much uncertainty regarding using member dues for this purpose. Some members have been contributing to the fund for several years without being able to benefit from scholarships for their siblings.

It was clarified that no rules are being removed but are simply being moved to a Foundation Governance document, which guides the Legacy Foundation to oversee and manage the legacy fund appropriately.

The question was called.

The motion was defeated.

12. Presentation of Institute Awards

President Debi Daviau presented awards to five deserving Institute members for their exemplary and inspiring leadership, and thanked the members of the Award Selection Panel, Chair Bert Crossman, Ralph Herman, and Nita Saville for reviewing the nominations and for recommending these laureates.

Institute Service Award

The Institute Service Award recognizes outstanding service over a significant period of time, above and beyond that which might be expected of any devoted member who has served on many constituent body executives.

Service Award

Scott McConaghy, CS, ATL

Ian Tait, AFS, NCR (Ret)

President’s Achievement Award

Jean-Philippe Gauthier, CS

Life Membership

Patrick Kinnear, CS, ATL (Ret)

Ray Paquette, AV, NCR

(The AGM recessed at this time (3:50 p.m.), to reconvene on Saturday, November 18^th, at 8:30 a.m.)

Saturday, November 18, 2017

13. Proposed By-Law Amendments

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, however, Groups may, in accordance with their Constitutions and when possible, require candidates for election to be registered with their professional associations. 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.

Resolutions Sub-Committee Comments - The Resolution may be out of order as it is inconsistent with By-Law 7.1, yet makes no reference to it.

The Institute, in its articles of continuance and By-Laws has three established classes of members: Regular, Retired and Affiliate. The Resolution in question affects the rights of members as set out in By-Law 7.1, which provides that 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”. While By-Law 7.1.1 allows for a certain limitation of the level of participation in the activities of Groups and Sub-Groups on the basis of a member being in the Retired category of members, no such limitation is specified in relation to Regular members.

The proposed resolution seeks to limit the rights of members on the basis of affiliation to a professional association and arguably, to create a fourth class of members (Regular, Retired, Affiliate and “Professionally certified”). Such an amendment is likely to be considered a special resolution pursuant to ss. 197(1) of the Canada Not-for-Profit Corporations Act (the Act), as it restricts the fundamental rights of both the Regular and Retired classes of members as stipulated in the articles of continuance.

As such, this should be treated as a Special Resolution (i.e. one seeking to add, change or remove fundamental participation rights of any class of members), pursuant to paragraph 197 (1) f) of the Act and By-Law 13.1.5.

The motion was ruled out of order and was not debated.

Moved and seconded that,

Whereas PIPSC currently has four (4) Vice-President positions and a Board of ten (10) Directors to assist the President and;

Whereas the four (4) Vice-President positions are underutilized which causes internal conflict as the parties struggle to find a mandate and;

Whereas the two (2) part time Vice-President positions incur considerable expense for travel to and from Ottawa;

Therefore be it resolved that the two (2) Part-Time Vice-President positions be eliminated at the end of the current term and;

Be it further resolved that the Institute By-Laws be amended as follows:

Executive Committee: The Executive Committee of the Institute consists of the President and the two (2) Vice-Presidents as described in By-Law 18.2.

15.1 Composition The Board of Directors shall consist of the President, the two (2) Vice-Presidents and ten (10) Directors.

18.1 Elected Officers The President and two (2) Vice-Presidents shall be the elected Officers of the Institute.

18.2.1 Composition and Mandate There shall be an Executive Committee consisting of the President and the two (2) Vice-Presidents.

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.

R19.3.1 Relocation Relocation expenses shall be paid to a President from outside the National Capital Region in accordance with the Policy on Relocation of the President and Full-Time Vice-Presidents.

R20.5.1 Relocation Relocation expenses shall be paid to a full-time Vice-President from outside the National Capital Region in accordance with the Policy on Relocation of the President and full-time Vice-Presidents.

R20.5.1.2 Sick Leave The full-time Vice-Presidents shall be entitled to necessary sick leave during their respective terms of office.

R20.5.1.3 Superannuation The Institute shall pay the employer’s portion of contributions to the superannuation account if the full-time Vice-President is on leave without pay from the public service. This payment is determined by the rate of pay the full-time Vice-President would have received had the member maintained his service with the public service.

R20.5.1.4 Other Benefit Plans The employer’s contributions to other employer plans, such as death benefit and health care plans, shall also be borne by the Institute if the full-time Vice-President is on leave without pay.

Resolutions Sub-Committee Comments - The estimated savings would be $249K based on the average cost for the last 7 years.

The mover spoke to the motion, stating that ideally, the Board should be representative of the members that it serves. Based on literature, a Board should have a President, one VP and several other members representing specific geographical areas of the organization. This is also demonstrated in a number of other unions. Although there are no hard rules around the composition of a Board of Directors, it should be what would work the best for the organization.

PIPSC is now a different organization and has changed over time. As leaders in the union movement, the Institute needs to have people dedicated to activism on a full-time basis and completely dedicated with the sole focus of the union. Having two full-time VPs and the President would be appropriate and sufficient to oversee the affairs of the Institute.

An amendment was proposed:

Moved and seconded that the two part-time Vice-President positions be eliminated at the end of this term, and that one full-time Vice-President position be added.

The amendment was ruled out of order as the addition of a full-time position would change the intent of the original motion.

The Chair was challenged on her ruling. The mover of the amendment stated that the intent of the amendment was to change the composition of VPs, which was in line with the intent of the original motion.

The AGM sustained the Chair’s decision. The amendment was ruled out of order.

On the original motion,

Some were of the view that PTVPs can contribute to the affairs of the Institute because of their continued involvement in the workplace while being aware of what is going on at PIPSC at the national level. The work of PTVPs needs to be recognized and valued. It allows participation at the national level without having to move to the NCR, it allows a connection both with PIPSC and with the workplace and could also allow for equity on the Board.

Some felt that the status quo should be maintained and that the role of PTVPs should be enshrined in BLs instead of eliminating the positions. The link between the workplace and the organization is a value added and PTVPs were elected nationally for that purpose. This would eliminate potentially good candidates, including younger members, who may not be able or willing to relocate to the NCR and/or leave their employment for three years.

The political structure should not be changed before being thoroughly studied. There is no lack of work for the current five paid elected positions and eliminating two positions could create an overflow in other areas, or the work simply not being done.

It was reiterated that PTVPs often need to walk a fine line between serving the Institute and serving their employer, which may result in not being free to truly speak out on behalf of the Institute like full-time VPs.

Moved and seconded that this matter be referred to the Board of Directors.

The Board should be tasked to review the entire Board structure in terms of the distribution of work and bring back recommendations to the 2018 AGM. Previous studies could be used as a starting point. An evidence-based rationale should be provided to the AGM before a decision is made.

There was concern raised with referring this matter to the Board during an election year.

The question was called on the motion to refer.

The motion to refer was defeated.

It was noted that the intent of the motion will not solve the issues at heart which seems to be conflict. PTVPs have work to do and have mandates to fulfil and eliminating them is not the solution

Some were of the view that the current structure has demonstrated that it doesn’t work. PTVPs cannot serve two “masters” (PIPSC and the employer). This is not a fair expectation from the VP and it is not fair to the membership. There have been several governance studies done and the AGM need to make a decision on this issue.

The Chair called the question.

The motion was defeated. (195/177)

Moved and seconded that,

Whereas each PIPSC Group and consultation team is entitled to one representative to the AC; and

Whereas the AC director and AC Chair are elected from within the AC membership; and

Whereas the chair and the AC director are involved in the running of the meeting and not participating in the meeting which limits their ability to represent their constituency;

Therefore be it resolved that By-Law 10.4.3.3 be adopted as follows:

10.4.3.3 (NEW) The Chair and AC Director who are involved in presiding over the Advisory Council and Steering Committee meetings may designate a replacement from their Group or Consultation Team to attend the Advisory Council meetings to ensure their Group or Consultation Team is represented at those meetings. This shall in no way remove the status of the Chair or the AC Director as an AC member.

Resolutions Sub-Committee Comments – This would be codifying the current process.

This proposed change codifies the current Advisory Council practice in BLs to avoid confusion.

The motion carried.

Moved and seconded that,

Whereas the Board of Directors is the highest structure within the organization and its main objective is to provide strategies and directions to the organization, establish plans for the future, while staying accountable to the membership; and

Whereas in most organizations, the day to day activities are taken care by operational structures, being staff under the CEO, the COO, or managed by executive officers; and

Therefore be it resolved that the PIPSC national Vice-Presidents not be members of the Board of Directors, by amending By-Law 15.1 as follow:

15.1 Composition The Board of Directors shall consist of the President, the four (4) Vice-Presidents and ten (10) Directors.

Definition - Elected Director: means member of the Board other than the President and Vice-Presidents.

Resolutions Sub-Committee Comments – An estimated savings of $63K would result from Vice-Presidents not attending Board meetings.

Prior studies on governance undertaken by the Institute highlighted the need for a clearer definition of the roles and responsibilities of Board members and a better process for the assignment of work. The intent of the proposed amendment is to put a separation between the operational activities and governance/strategic activities.

An efficient Board should have a high level and forward-looking vision. Under the current structure, the Board often finds itself dealing with operational issues, which is problematic. The proposed amendment would allow the Board to remain at a higher strategic level.

Some were of the view that VPs bring a lot to the Board table and their contribution is valuable and necessary. When things work optimally and files are assigned appropriately, it demonstrates that value. VPs also need to get the feedback from Regional Directors. This is a reactionary motion to deal with the current dysfunction at the Board. The governance structure should be looked at with an evidence-based lens and Board issues need to be resolved internally. Although there may be a need for a more efficient and effective governance structure, all the impacts of making such a significant decision need to be considered and thought through.

It was stated that VPs could attend Board meetings as observers and hear the feedback needed. The Board should serve the membership through the President. Some felt that VPs are in place to serve the President and should not be contributing to votes and/or decisions that could direct the President.

The Chair called the question.

The motion was defeated.

Whereas donation to the political parties should be restricted on all jurisdictions. The function of the Institute is not supposed to follow or support any political party or agenda when there is a diverse political opinion among members. An example of added restriction is that NFC Regional Group shall not make a donation to a provincial political party at BC. The other example of added restriction is that Institute shall not make a donation to a political party in a foreign country.

Whereas donation for good is a valuable attitude, there is wide diversity among each group of people, including PIPSC member, about where donation should go. PIPSC members individually may donate to whomever party/organization they want, and there is no reason to bond them together for such a purpose. Beside, none of PIPSC member needs Institute to represent their donation will while they can individually donate solely base on their individual wish and will.

Therefore be it resolved that By-Law 14 be amended as follows:

14.1.10 Donation to Political Parties: Neither the Institute, nor any of its constituent bodies, shall make donations to any political party in any jurisdiction where the Institute represents members, even though such donations may be permitted by law in such jurisdictions. AGM 2003 (e)

14.1.11 Donation to a Third Party (New) Neither the Institute, nor any of its constituent bodies, shall make donations to any third party in any jurisdiction, even though such donations may be permitted by law in such jurisdictions.

Resolutions Sub-Committee Comments - In the past, the Institute has made donations to third party organizations such as Evidence for Democracy or The Union of Concerned Scientists to assist in advocacy campaigns of importance to Institute members. The proposed amendment would prohibit this practice.

There was no mover for this resolution.

Whereas Receiving salary and collecting pension benefits from the Public Service Pension Plan is not permitted pursuant to the Financial Administration Act; and

Whereas Public Service Employees are subject to a high level of scrutiny by the public; and

Whereas elected officials at the Institute should not be privy to benefits that would not be available to regular members working in the federal public service;

Therefore be it resolved that By-Laws 19.3.1.1 and 19.3.1.2 be adopted as follows:

BY-LAW 19.3.1.1 (New) If the President of the Institute is in receipt of compensation in the form of retirement benefits, compensation paid by the Institute as salary shall be reduced by the gross amount of their pension entitlement in relation to their service as a federal public service employee pursuant to the Public Service Superannuation Act, or in any other case, the gross amount of their pension entitlement earned while a member or employee of the Institute.

BY-LAW 19.3.1.2 (New) For greater certainty, By-Law 19.3.1.1 also applies to any member of the Board of Directors who is acting as President for any reason.

Resolutions Sub-Committee Comments - No reference has been found in the Financial Administration Act indicating that receiving a salary and collecting pension benefits from the Public Service Pension Plan is not permitted.

The Public Service Superannuation Act (PSSA) prohibits a public servant from contributing and receiving a pension pursuant to the PSSA at the same time.

There was no mover for this resolution.

Whereas Receiving salary and collecting pension benefits from the Public Service Pension Plan is not permitted pursuant to the Financial Administration Act; and

Whereas Public Service Employees are subject to a high level of scrutiny by the public; and

Whereas elected officials at the Institute should not be privy to benefits that would not be available to regular members working in the federal public service;

Therefore be it resolved that By-Laws 20.5.1 and 20.5.2 be adopted as follows:

BY-LAW 20.5.1 (New) If a Vice-President of the Institute is in receipt of compensation in the form of retirement benefits, compensation paid by the Institute as salary shall be reduced by the gross amount of their pension entitlement in relation to their service as a federal public service employee pursuant to the Public Service Superannuation Act, or in any other case, the gross amount of their pension entitlement earned while a member or employee of the Institute.

BY-LAW 20.5.2 (New) For greater certainty, By-Law 20.5.1 also applies to any member of the Board of Directors who is Acting as Vice-President for any reason.

Resolutions Sub-Committee Comments - No reference has been found in the Financial Administration Act indicating that receiving a salary and collecting pension benefits from the Public Service Pension Plan is not permitted.

The Public Service Superannuation Act (PSSA) prohibits a public servant from contributing and receiving a pension pursuant to the PSSA at the same time.

There was no mover for this resolution.

Whereas receiving salary and collecting pension benefits from the Public Service Pension Plan is not permitted pursuant to the Financial Administration Act; and

Whereas Public Service Employees are subject to a high level of scrutiny by the public; and

Whereas salaried employees or contractors at the Institute should not be privy to benefits that would not be available to regular members working in the federal public service;

Therefore be it resolved that this new By-Law be adopted:

By-Law XX (New) If any person working on behalf of the Institute is in receipt of compensation in the form of retirement benefits, compensation paid by the Institute as either salary or fees earned as an independent contractor shall be reduced by the gross amount of their pension entitlement in relation to their service as a federal public service employee pursuant to the Public Service Superannuation Act, or in any other case, the gross amount of their pension entitlement earned while a member or employee of the Institute .

Resolutions Sub-Committee Comments - No reference has been found in the Financial Administration Act indicating that receiving a salary and collecting pension benefits from the Public Service Pension Plan is not permitted.

The Public Service Superannuation Act (PSSA) prohibits a public servant from contributing and receiving a pension pursuant to the PSSA at the same time.

It is difficult to understand how this new By-Law would be enforced. Further, in certain cases, it could constitute a violation of Institute staff collective agreements.

This amendment would effectively discourage any retired member or employee from providing contracted work to the Institute. In some cases, this would be contrary to the interest of the Institute as retired members or employees may have required subject matter expertise.

There was no mover for this resolution.

By-Law 21.4 (New) If a Director is retired, he/she has no entitlement to compensatory salary.

Resolutions Sub-Committee Comments - As a long standing practice, retired members of the Institute who are Directors do not receive compensatory salary.

There was no mover for this resolution.

Moved and seconded that,

Whereas the incumbent to an election is almost always re-elected; and

Whereas it is critical that the composition of the Board of Directors is reflective of diversity of our members so that it is representing the issues of the entire membership; and

Whereas it is critical that the BOD refreshes itself, so that new ideas may be capitalized on; and

Whereas it is critical for succession planning that our stewards feel that there are opportunities at the highest levels within PIPSC, in order to ensure that our best and brightest stewards are encouraged to strive for leadership positions within PIPSC;

Therefore be it resolved that By-Laws 19.1.1, 20.1.1 and 21.1.1 be adopted as follows:

By-Law 19.1.1 (New) The maximum term for the President shall be three (3) consecutive terms of office.

By-Law 20.1.1 (New) The maximum term for Vice-Presidents shall be three (3) consecutive terms of office.

By-Law 21.1.1 (New) The maximum term for Directors shall be three (3) consecutive terms of office.

Resolutions Sub-Committee Comments – No comment

The intent of the proposed amendment would allow turnover in the organization and would also ensure “la relève”. It could also help eliminate some of the dysfunction and would welcome fresh ideas. Incumbents have an advantage over other potential candidates, often making it difficult to aspire to higher level positions.

Some were of the view that this is not required. Members should be free to vote for their leader and if the leader is doing a good job, he/she should be allowed to stay, if re-elected. Some felt that the basis of the amendment was arbitrary, targeted and undemocratic.

The Chair called the question.

The motion was defeated.

AMENDMENT OF RULES OF PROCEDURES

Moved and seconded that there be new time limits for delegates’ remarks to two (2) minutes for the sponsor and one ( 1) minute for any speaker thereafter.

The mover explained that the intent of this motion was to accelerate the proceedings to allow the business if the AGM to get done.

The vote on this emergency resolution required a 2/3 majority.

The motion carried.

Whereas: The PIPSC Annual General Meeting is the Supreme Governing Body of PIPSC; and

Whereas: The Supreme Governing Body is 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: In January 2017, the President acted in violation of By-Law 18.2.2, by cancelling all meetings of the Executive Committee – Management Committee; and

Whereas: In March 2017, the Board of Directors refused to uphold By-Law 18.2.2 by voting against even discussing the By-Law violation; and

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

Be it resolved that By-Law 19.2.2.3 be adopted as follows:

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. In the case of elected officials, discipline will begin with temporary removal from office, until the matter is resolved, and could result in permanent removal from office if the matter is not or cannot be resolved.

Resolutions Sub-Committee Comments – The passage of this resolution would require amendments to multiple other BLs (15.2, 17.2, and 24), none of which have been submitted prior to the deadline for submission.

This resolution should be out of order per Resolutions Sub-Committee similar decision on BL 16 (Chairing of Meetings of the Board).

There was no mover for this resolution.

Whereas the Board of Directors meeting chair is not selected by the Board of Directors and that the Chair is normally the President or selected by the President alone;

Therefore it resolved that By-law 16.1.1 be adopted as follows:

By-Law 16.1.1 (New) At the first meeting of the Board of Directors in January, the Board shall decide on a neutral Chair person who is external to the Board, which may be solicited from the membership or external to the Institute. The chair position shall be a non-voting position on the Board.

Resolutions Sub-Committee Comments - If a member is used as Chair, the cost would be $20,400. If an external Chair is procured, the cost would be $62,800.

The passage of this resolution would require amendments to multiple other BLs, none of which have been submitted prior to the deadline for submission. This resolution should be out of order, as per Resolutions Sub-Committee similar decisions.

The motion was withdrawn.

Moved and seconded that,

Whereas the current election process has inherent flaws and it is possible for members to give their voting keys to others, it is critical

that a new third party external contract be established to enhance the reliability, functionality and security of the electronic election voting system to prevent election fraud.

Therefore be it resolved that By-Law 22.5 be adopted as follows:

By-Law 22.5 (New) The election method for electing Officer and Regional Director positions within the Institute be conducted electronically by a third-party neutral provider.

By-Law 22.5.1 (New) The third-party provider must provide secure, reliable results only to the Elections Committee in compliance with By-Law 17.3.2.

Resolutions Sub-Committee Comments - The Institute does not have any recorded cases of breach of security in an election held through electronic means. We are unaware of any electronic voting system that can guarantee with one hundred percent certainty that security will never be compromised.

The cost would be $12K for the required technology, with an additional $11K per election. In the last 12 months, the Institute conducted 8 Group elections and 16 ratification votes, using its electronic election voting system.

Some were of the view that this goes against the notion of fighting against outsourcing and is a sign of mistrust of staff and internal systems – a waste of Institute funds.

Some were unclear who would be evaluating the third party service providers and farming out this service to an external third party would not avoid the risk of sharing voting keys.

Some supported the proposed amendment and felt that this would be a good technological investment for the Institute, having latest technology at its disposal. This would also be beneficial in terms of transparency and reliability.

The Chair of the ITSP Committee pointed out that as part its mandate, the Committee considered this issue and determined that the current system works and is fully supported by IT staff.

The question was called

The motion was defeated.

Moved and seconded that,

Whereas the President or their delegate(s) may enter into contracts without the Board of Directors knowledge or approval and that these contracts may impact the Institute’s liability without appropriate controls.

Therefore be it resolved that By-Law 15.2.3 be amended as follows:

By-Law 15.2.3 No agreement may be executed so as to bind the Institute except on the authority of the Board. Any agreement, instrument, contract or other written commitment not specifically required by the Board to be executed by a particular Officer or Officers, may be executed by the President together with those employees into whose area of responsibility the subject matter of the document may fall, subject to a threshold of $25,000.

By-Law 15.2.3.2 (New) Any contract or agreement in excess of the threshold amount be stipulated in 15.2.3 including variations, extensions shall be subject to the approval of the Board prior to the agreement, instrument, contract or other written commitment being executed.

By-Law 15.2.3.3 (New) Notwithstanding By-Law 15.2.3, the President shall provide a written detailed accounting of all decisions having financial implications at the next Board of Directors meeting. Copies of the relevant agreement, instrument, contract or other written commitment shall be provided on request by any Board of Director member.

Resolutions Sub-Committee Comments – The Institute’s Board of Directors (BOD) receives a recommended budget from the Finance Committee, makes amendments and forwards the budget to the Institute Annual General Meeting for approval. The BOD has extensive opportunity to review and approve all proposed expenses during the budgetary exercise.

Requiring secondary approval by the BOD for budgeted expenses would significantly impact the activities of the Institute. Longer or additional meetings of the Board may be required to approve budgeted expenses related to the following items, among others:

• Stewards’ Councils

• Regional Councils

• Bargaining Conferences,

• Constituent Body Annual General Meetings

• Training Schools,

• Consultation Symposiums,

• Working Group on Consultations Meetings

• Advisory Council Meetings

• Promotional Items

• Monthly Membership Fees to CLC

• Leasing Payments for National and Regional Offices,

• Pension contributions

• etc.

There may be increased expenses arising from more frequent and longer BOD meetings. The Institute has a number of controls in place to ensure appropriate spending decisions including audited financial statements, a Procurement Policy and Finance Committee oversight.

The inherent delay that would result from the proposed change to Institute processes would most likely give rise to higher travel cost, interest charges on billings, reputational risks and lost opportunities for savings which would directly result from the incurred delays.

The intent of the proposed amendment would ensure that the Board approves expenses and is aware of how and where money is being spent. Checks and balances need to be put in place and this would be a first step towards doing so.

It was noted that the role of the Board should remain at the governance and strategic level. There are internal controls in place to ensure oversight of expenditures. This would be a micromanaging process that would be creating an unnecessary bureaucratic burden. It also implies that the Institute is not running its operations appropriately. The Finance Committee, the auditors and staff are in place to ensure the smooth running of the Institute finances.

The question was called

The motion was defeated.

Whereas the Annual General Meeting is the Supreme Governing Body of the Institute; and

Whereas the Board of Directors has been charged with exercising the authority of the Institute on behalf of the Institute on all matters, subject to the By-Laws and the policy decisions of the AGM; and

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

Therefore be it resolved that By-Law 15 be amended as follows:

By-Law 15.2.1 The Board is a continuing entity which shall exercise the authority of, and act on behalf of the Institute on all matters, subject to the Act, these By-Laws and to policy decisions of General Meetings. Decisions of the Board remain in force until rescinded.

By-Law 15.2.1.1 (New) For greater certainty, the Board may establish such rules, regulations, policies or procedures relating to the affairs of the Corporation as it deems expedient, except that no rule, policy or procedure is valid to the extent that it is contrary to a provision of the Act, or the By-Laws of the Institute, or a policy decision of the AGM.

Resolutions Sub-Committee Comments – The Canada Not-for-Profit Corporations 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 legislations 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, except for requiring that a person be a “regular member” of the Institute. Currently, Regular and Retired members are eligible to be a director.

There was no mover for this resolution.

Moved and seconded that,

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 provides 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 seven (7) members of the Board; and

Whereas the President has failed to call a Special Board meeting in circumstances where seven (7) members of the Board have requested a Special Board meeting in writing; 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

Whereas the Board has been tasked with the authority of acting on behalf of the Institute on all matters between AGM’s;

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:

1. by the President, or

2. Within two (2) weeks of the date of receipt by the President of a written request from not less than seven (7) members of the Board.

Resolutions Sub-Committee Comments – No comment

The mover of the motion stated that there is currently too much power in certain people and given the current dysfunction at the Board, this change is necessary. The BL needs to be more specific to ensure that when seven members of the Board request a special meeting, that meeting will occur.

Some delegates were concerned that this could result in an unlimited number of special meetings, which could be costly for the Institute.

The President questioned whether or not Part A of this BL made sense on its own as it does not require a purpose or reason for calling a special meeting but still requires the President to do so. This could be open to abuse and not based on any real need to call special meetings.

The question was called.

The motion was defeated.

Whereas the By-Law currently provides 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 seven (7) members of the Board; and

Whereas the President or their designate has called Special Meetings of the Board without proper notice, and without making a reasonable attempt to ensure that all members of the Board of Directors are available for such meeting; and

Whereas Members of the Board of Directors are duly elected by the members to represent their interests, and therefore, should necessarily be given proper notice to enable them to attend all meetings of the Board; and

Whereas the Board has been tasked with the authority of acting on behalf of the Institute on all matters between AGM’s;

Therefore be it resolved that By-Law 16.3.1.2 be adopted as follows:

By-Law 16.3.1.2 (New) Notwithstanding 16.3.1 and 16.3.1.1, notice of the time and place for the holding of a meeting of the Board shall be given to every director of the Corporation by an electronic document in accordance with Part 17 of the Act, not less than seven (7) days before the time when the meeting is to be held.

Resolutions Sub-Committee Comments - The Canada Not-for-Profit Corporations Act (the Act) allows for the Board to meet “on any notice that the bylaws require” and Part 17 of the Act has no application to notices of Board meetings except in very particular circumstances outlined in the Act.

There was no mover for this resolution.

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

Whereas the Institute has previously acted in a manner that is contrary to the CNFPCA in relation to the eligibility of Directors; 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;

Therefore 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 he or she:

1. Is a regular member of the Institute

2. Is at least 18 years of age;

3. Has not been declared incapable by a court in Canada or elsewhere; and

4. Is not an un-discharged bankrupt

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

1. Upon the date which is the later of the date of delivering his or her resignation in writing to the secretary of the Corporation or to the Registered Office and the effective date of the resignation stated therein;

2. Upon ceasing to be eligible pursuant to BL 15.3;

3. Upon his or her removal; or

4. Upon his or her death

Resolutions Sub-Committee Comments - N.B. This amendment may be out of order as it is incompatible with the rights of retired members set out at BL 7.

In the alternative, if it is put to delegates:

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, except for requiring that a person be a “regular member” of the Institute. Currently, Regular and Retired members are eligible to be a director.

To the extent that it restricts the rights of Retired members, one of the three specified classes of members outlined in PIPSC’s articles of continuance, it should be treated as a Special Resolution (i.e. one seeking to add, change or remove fundamental participation rights of any class of members) pursuant to paragraph 197 (1) f) of the Act and BL 13.1.5.

There was no mover for this resolution.

Whereas the legitimacy of the complaint process is predicated on its integrity and fairness; and

Whereas the right to appeal a decision is a fundamental right of membership, regardless of who the person is, or the office they hold at the Institute; and

Whereas the Institute has a policy entitled Complaints to Outside Third Parties which could result in the removal of a member from any office or position held by the member, if they file a complaint with an outside body;

Therefore be it resolved that By-Law 24.5 be adopted as follows:

Note: If this resolution passes, it will require changes to the Institute’s policy on Third Party Complaints.

By-Law 24.5 (New) A member of the Institute shall not be suspended for filing a complaint with an outside body, as long as they have exhausted all internal recourse mechanisms.

By-Law 24.5.1 (New) The Board shall provide written confirmation within 10 days of the request for confirmation by a member that they have exhausted all internal recourse mechanisms, or in the alternative, specifically identify what other recourse mechanisms the member must avail themselves of in order to satisfy the requirement of the By-Law.

By-Law 24.5.2 (New) The member shall be deemed to have exhausted all internal recourse mechanisms if the Board fails to meet the timelines specified in By-Law 24.5.1.

Resolutions Sub-Committee Comments – The Policy on Members and Complaints to Outside Bodies as it currently exists is intended to address the difficult issues that arise when members who hold office take action against the Institute in various outside tribunals or bodies. The Policy currently requires the Board to turn its mind to whether the individual taking action against the Institute is able to maintain their elected or appointed office given the matter they have taken to an outside tribunal. Each case is treated on its own merits and requires a balancing of the member’s particular duty of loyalty to the organization given the position they hold and the arguments being leveled against the Institute. The risk to the Institute is no different whether or not the individuals have exhausted all internal recourse.

There was no mover for this resolution.

Whereas the legitimacy of the complaint process is predicated on its integrity and fairness; and

Whereas it is critical that the complaint process be fair and impartial, and be perceived to be fair and impartial; and

Whereas it is critical that individuals who are in either a real or perceived conflict of interest, or for which there exists an apprehension of bias should not be involved in any discussions or decisions related thereto; and

Whereas the Institute has not been consistent in its determination of conflict of interest resulting in decisions that may be construed to be arbitrary, or at a minimum, not applying their standards of discipline in a consistent manner thereby exposing the Institute to a risk of liability as our members may file a complaint at the PSLREB;

Therefore be it resolved that By-Law 24.3.1 be adopted as follows:

Note: If this resolution passes, it may require consequential changes to the Institute’s Conflict of Interest Policy and/or the Institute’s Dispute Resolution and Discipline Policy.

By-Law 24.3.1 (New) No member of the Institute may participate in any discussions or decisions that are directly or indirectly related that could result in potential discipline if they are in a real or perceived conflict of interest, or there exists an apprehension of bias. A real or perceived conflict of interest or apprehension of bias shall be deemed to exist where:

1. The individual is a witness to the Investigation, or may reasonably be called as a potential witness;

2. The individual is either a complainant or a respondent;

3. The individual is a representative of either the complainant or the respondent

Resolutions Sub-Committee Comments - The proposed amendment, as worded, suggests an overly broad application of the concept of bias or apprehension of bias, while failing to capture the most unsettling situations where an individual has (or may be perceived to have) a personal interest in the outcome, or where a person is unable to consider the matter with an open mind. For instance, not all potential witnesses are necessarily biased in considering a matter and, conversely, it is possible that individuals other than those falling in the three categories of individuals listed in the proposed amendments may be biased.

The BLPC has been working with the Office of the General Counsel to amend the Conflict of Interest Policy at the request of the Board of Directors.

There was no mover for this resolution.

Whereas disputes between members are not been handled consistently by the Institute; and

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 situation such as for individuals who are wishing to dissolve their marriage;

Therefore be it resolved that By-Law 24 be amended by adding the following articles:

Note: If this By-Law passes, it will require consequential changes to the Institute’s Dispute Resolution and Discipline policy.

By-Law 24.X (New) Unresolved disputes or controversies among members, directors, officers, committee members or volunteers of the Corporation shall first be referred to mediation, or other form of alternate dispute resolution and/or arbitration before proceeding to formal Investigation.

By-Law 24.X.1 Dispute Resolution Mechanism - In the event that a dispute or controversy among members, directors, officers, committee members or volunteers of the corporation arising out of or related to the By-Laws of the Institute or constituent boy, or out of any aspect of the operations of the Corporation that is not resolved in private meetings between the parties, then without prejudice to or in any other way derogating from the rights of the members, directors, officers, committee members, employees or volunteers of the Corporation as set out in the By-Laws or the Act, or the member and as an alternative to such person instituting a law suit or legal action, such dispute or controversy shall be settled by a process of dispute resolution as follows:

1. The dispute or controversy shall first be submitted to a panel of mediators whereby the one party appoints one mediator, the other party (or if applicable the Board of the Corporation) appoints one mediator and the two mediators so appointed jointly appoint a third mediator. The three mediators will then meet with the parties in question in an attempt to mediate a resolution between the parties.
2. The number of mediators may be reduced from three to one or two upon agreement of the parties.
3. If the parties are not successful in resolving the dispute through mediation, the parties to the dispute can agree to have the dispute settled by arbitration before a single arbitrator, who shall not be any one of the mediators referred to above, 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.
4. If the dispute is not resolved through either mediation or arbitration, General Counsel shall immediately determine whether the complaint is frivolous, vexatious or without merit in which case it shall be dismissed summarily. If the complaint is determined to have merit, it shall proceed immediately to Investigation.

Resolutions Sub-Committee Comments - 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 cost involved at the arbitration stage is estimated at $6000 -15,000.00 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 $15,000.00 per case based on average cost of investigations under the DRDP.

The proposed amendment leaves open the possibility that $21,000 – $30,000 may be expended on a case only to have it determined to be frivolous, vexatious or without merit by General Counsel prior to an investigation being launched.

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

It is unclear how an investigation might still be required after an arbitration process described in the proposed amendment as “final and binding”.

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

In jurisdictions where mandatory mediation is required, it is typically conducted by a single mediator. We are unaware of any jurisdiction imposing mediation with three mediators at a time.

There was no mover for this resolution.

Whereas the Institute exists to serve its members; and

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

Whereas Delegates to the AGM are selected from the Groups and the Regions pursuant to Institute By-Laws, and are presumed to represent the interests of the members from their particular constituent body, Group or Region; 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:

By-Law 13.1.4.1 (b) details of the proposed changes were provided to all members not later than four (4) eight (8) weeks prior to an Annual General Meeting.

Resolutions Sub-Committee Comments - It would not be possible to prepare the resolutions document for the membership in the amount of time foreseen by this proposed amendment. Time is required for meetings of the Resolution Sub-Committee, costing, translation, document production and distribution. The current notice period is compliant with the Canada-Not-For-Profit-Corporations Act.

There was no mover for this resolution.

It was suggested that the resolutions sponsored by VP Bittman (who was not present) be referred to the AC. The Chair noted that as the motions were not moved, they would die on the order paper.

Moved and seconded that the assembly reconsider the debate on resolution B-28.

Not having a 2/3 majority vote, the motion to reconsider was defeated.

A point of order was raised, making reference to the rules of procedure in place to bring order to the process but not to hinder democracy or stifle debate. This being said, delegates felt they should have the opportunity to debate resolution B-28. The Chair was challenged on the procedural ruling as some delegates felt that the Chair was moving too quickly through the resolutions and was not taking into consideration the delay of interpretation.

It was suggested that the Chair allow this resolution to be debated as a late resolution, once all other business was dealt with.

The Chair pointed out that the assembly did not support the request for reconsideration therefore the motion would not be debated.

Moved and seconded that,

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

Whereas the CNFPCA does not permit an individual who has the status of bankrupt to hold office as a Director; and

Whereas the language in the CNFPCA is ambiguous with respect to the eligibility of a candidate to stand for election who is otherwise not eligible; and

Whereas it would create an untenable situation if a candidate in the PIPSC elections was an un-discharged bankrupt, and won the election; and

Whereas an ineligible candidate who does not win could also have an impact on who is the ultimately a successful candidate, since the Institute uses a ranked ballot voting system; and

Whereas it has come to light that a candidate in the 2014 Special Elections for VP had the status of a bankrupt as of the closing date for nominations;

Therefore be it resolved that By-Law 22 be amended as follows:

Delete By-Law 22.1.2 (Redundant)

By-Law 22.1.2 (New) A candidate in an election must be eligible to hold office pursuant to By-Law 15.3 as of the closing date for nominations.

Resolutions Sub-Committee Comments - The Canada Not-for-Profit Corporations Act (the Act or CNPCA) and more specifically, subsection 126 (1) of the CNPCA is not ambiguous. An individual who has the status of bankrupt is disqualified from being a director of a corporation.

Eligibility to run for office is not covered by the Act. It is possible that an individual could have the status of bankrupt when a call for nominations is open and be discharged or – more rarely, have the bankruptcy annulled – by the time the election results are finalized. Nothing would prevent that person from running or holding office under the Act.

Since 2015, the Institute conducts bankruptcy searches on all members of the Board after each election and on an annual basis.

The Chair ruled the motion out of order as BL 15.3 does not exist and B-24 was not moved.

The mover felt that the reference to BL 15.3 could be stricken out, as a friendly amendment.

The Chair pointed out that the assembly seemed not to be supportive of this change and reiterated that the motion was out of order. The Chair was challenged on his ruling. The assembly sustained the Chair’s decision.

The motion was ruled out of order.

Whereas under subsection 126(1) of the CNFPC Act a Director of a Board must meet all of the following qualifications to be a Director of the Board:

• be at least 18 years old
• not have been declared incapable by a court in Canada or in another country
• be an individual (that is, a corporation cannot be a director)
• not be in bankrupt status

Whereas PIPSC must comply with the CNFPC Act and take immediate action when the CNFPC Act is contravened by a Director in order to mitigate the risk to PIPSC and its membership;

Be it resolved that By-Law 15 (Board of Directors) be amended to include the following new section:

15.3 (Eligibility to be a Board Member) (New)

15.3.1 (New) Board of Directors shall comply with the CNFPC Act.

15.3.2 (New) When PIPSC becomes aware of the non-compliance of a Director, it shall take immediate action to remove the Director so as to mitigate any risk to PIPSC. PIPSC shall immediately inform the Board of Directors of such a situation when it becomes known.

15.3.3 (New) A standing Director of the Board shall inform PIPSC as soon as that Director has filed for bankruptcy.

15.3.4 (New) At the close of nominations, a candidate in a Board election shall meet the eligibility requirements including subsection 127(1) of the CNFPC Act in order to be eligible to be a candidate. An elected candidate who did not inform PIPSC of non-compliance shall have his/her election declared null and void. PIPSC may decide to take action against the candidate under the DRD Policy. PIPSC shall decide on the need to re-run the election.

Resolutions Sub-Committee Comments - The Canada Not-for-Profit Corporations Act (the Act or CNPCA) and more specifically, subsection 126 (1) of the CNPCA is clear. An individual who has the status of bankrupt is disqualified from being a director of a corporation.

Eligibility to run for office is not covered by the Act. It is possible that an individual could have the status of bankrupt when a call for nominations is open and be discharged or – more rarely, have the bankruptcy annulled – by the time the election results are finalized. Nothing would prevent that person from running for or holding office under the Act. Since 2015, the Institute conducts bankruptcy searches on all members of the Board after each election and on an annual basis.

The motion was withdrawn

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 there can be significant negative consequences to the membership and the Institute if a Steward is in a conflict of interest between the Institute and the employer; and

Whereas such a conflict occurs when a Steward becomes a supervisor or a manager and consequently supervises Institute members, responsible for their performance reviews, leave authorizations, staffing and be part of possible disciplinary actions against a member; and

Whereas a supervisor or manager is clearly seen by the members in the workplace as being part of the “management” team and a cause of grievances and complaints by members; and

Whereas a Steward shall not find her/himself in such a situation and shall be in a position of trust by the membership in his/her workplace at all times; and

Whereas a member cannot have a loyalty to 2 naturally opposing factions (union / management) at the same time, be both supervisor/management and a union steward without being in a conflict of interest (conscious or unconscious);

Therefore be it resolved that Institute By-Law 12.1 be amended to avoid such conflict of interest with regards to an Institute steward’s responsibilities as defined in the By-Laws/Regulations:

12.1 Definition:

1. 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.

2. No Regular member in a conflict of interest between the Institute and the employer shall apply for, be appointed to, or hold the position of a PIPSC steward while such a conflict of interest exists. Such a conflict of interest would include holding a supervisory/managerial position over Institute members in the workplace.

(a) A steward shall resign (temporarily or permanently) while such a conflict of interest exists.

12.6.9 No Regular member in a conflict of interest between the Institute and the employer shall apply for, be appointed to, or hold the position of a PIPSC steward while such a conflict of interest exists. Such a conflict of interest would include holding a supervisory/managerial position over Institute members in the workplace.

(a) A steward shall resign (temporarily or permanently) while such a conflict of interest exists.

Resolutions Sub-Committee Comments – It is unclear what would constitute a “conflict of interest”; as the proposed By-Law only gives an example without defining the term.

In addition, there is a risk that such an amendment may be considered as imposing an arbitrary limitation to the participation rights of Regular members; this is particularly so given that there is currently a process in place that would allow for the types of concerns raised in this proposed amendment to be considered on a case-by-case basis, as opposed to a blanket rule.

The motion was withdrawn.

Whereas Steward s 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.

Therefore be it resolved that 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 rectify such an issue so that it no longer negatively affects the 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, Group executive, Consultation President, Regional Chair and in the case of an elected Steward, the electorate in the area of jurisdiction.

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 – No comment

The motion was withdrawn.

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 a Steward election is a form of membership engagement and not a political appointment; and

Whereas Regulation R12.4.1 (Election Procedures) lists the procedures that shall be followed in Steward elections; and

Whereas more than one Steward may need to be elected; and

Whereas the eligibility of all Steward candidates shall be verified; and

Whereas a Group/Subgroup executive should normally conduct a Steward election(s) and not the EC;

Therefore be it resolved that Regulation R12.4.1 be amended as follows:

1. R12.4.1 (New) The Group/Sub-Group Executive shall inform the Executive Committee of the election intent, the election process needs and the composition of their election committee that will administer the election including screening the eligibility of all candidates.
2. The Group/Sub-Group election committee so appointed shall send a call for nominations to all members in the area of jurisdiction and, shall set the date(s) for the vote, and post the number of Stewards positions to be elected.
3. All members in the area of jurisdiction shall be provided with an opportunity to vote.

A simple majority of the legal votes shall be required to elect the Steward or those receiving the highest number of votes for the election of multiple Stewards.

Resolutions Sub-Committee Comments - If other provision of removing Steward election passes, this would become redundant. See comment at B-5.

The motion was withdrawn.

Whereas Directors of the Board are elected officials and accountable to the membership; and

Whereas the membership are entitled to know what occurs in open sessions of the Board; and

Whereas the majority of the Board approved the use of secret electronic voting at Board meetings (open and closed sessions) in 2017 and doing so has deliberately removed transparency by prevented the membership from knowing how each of its elected members of the Board votes and has removed the accountability of each individual director to the electorate;

Therefore be it resolved that By-Law 16.2.1 be adopted as follows:

By-Law 16.2.1 (New) To ensure transparency and accountability to the membership during Board meetings, that all voting by the Board shall be done by simple show of hands.

Resolutions Sub-Committee Comments - No comment

The motion was withdrawn.

Whereas retired members are no longer in the workplace and therefore lose their connection with the issues impacting our members and have no immediate vested interest in the outcome of workplace decisions; and

Whereas the Canadian Labour Congress (“CLC”) as well as virtually all affiliate unions do not permit retired members to hold office on the Board of Directors; and

Whereas it is critical for succession planning that our stewards feel that there are opportunities at the highest levels within PIPSC in order to ensure that our best and brightest stewards are encouraged to strive for leadership positions within PIPSC; and

Whereas there are other important roles that retired members can play including mentoring stewards and voicing concerns in the public arena;

Therefore be it resolved that By-Law 7 be adopted as follows:

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.

By-Law 7 (New)Only Regular members have the right to be candidates for office, vote for officers, and be eligible for appointment as Stewards.

By-Law 7.1 Only Regular and Retired members may 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.

Resolutions Sub-Committee Comments – If adopted, this resolution would only take effect after the end of the term of any Retired member currently holding office on the Board of Directors or Executive Committee.

The Institute, in its articles of continuance and By-Laws has three established classes of members: Regular, Retired and Affiliate. The proposed resolution seeks to limit the rights of Retired members and is likely to be considered a special resolution pursuant to ss. 197(1) of the Canada Not-for-Profit Corporations Act (CNPCA), as it restricts the fundamental rights of the Retired class of members as stipulated in the articles of continuance.

As such, this should be treated as a special resolution (i.e. one seeking to add, change or remove fundamental participation rights of any class of members) pursuant to paragraph197 (1) f) of the Act and BL 13.1.5.

There was no mover for this resolution.

Whereas the Institute exists to serve its members, both past, present and future; and

Whereas the Board of Directors should be reflective of the diversity of our members, and ensure that our retired members have a voice in the affairs of the Institute; and

Whereas ensuring a designated position on the Board of Directors for our retired members will be beneficial for our collective members, as she/he would be the link to the Retired Members Guild and ultimately, would result in more effective utilization of our retired members;

Therefore be it resolved that By-Law 21 be amended as follows:

Note: This resolution should be dealt with after the resolution dealing with the rights of membership, because if that other resolution fails, this resolution should necessarily be withdrawn.

Note: If this resolution passes, then By-Law 21.2 dealing with the distribution of Directors will have to be amended to include one (1) elected Director from the Retired Members Guild.

By-Law 21.1 The term of office for the Regional Directors shall normally be three (3) years except that the regularly scheduled election for the Regional Directors (two (2) from the NCR, Director for the Atlantic, Ontario and British Columbia/Yukon Regions) in 2014 shall be for a one (1) year term.

By-Law 21.1 (New) One (1) Director shall be from the Retired Members Guild.

Resolutions Sub-Committee Comments – No comment

There was no mover for this resolution, which was also deemed to be out of order.

Whereas retired members are no longer in the workplace, and therefore, lose their connection with the issues impacting our members; and

Whereas the Canadian Labour Congress (“CLC”), as well as virtually all affiliate unions do not allow retired members to hold office on the Board of Directors; and

Whereas it is critical that the composition of the Board of Directors (”BOD”) is reflective of our members so that it is representing the issues of the entire membership; and

Whereas it is critical that the BOD refreshes itself, so that new ideas may be capitalized on; and

Whereas it is critical for succession planning that our stewards feel that there are opportunities at the highest levels within PIPSC, in order to ensure that our best and brightest stewards are encouraged to strive for leadership positions within PIPSC;

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

Note: If the proposed changes to New By-Law 7 and 7.1 fail, this resolution may be ruled out of order.

By-Law 15.3 (New) A member of the Board of Directors who retires while in office shall resign their position as a Director of the Institute, at the end of the calendar year in which they retire.

Resolutions Sub-Committee Comments – No comment

There was no mover for this resolution.

Whereas the tradition of union leadership based directly on the shop floor is over 100 years old; and

Whereas the shop Steward was selected by rank and file members to directly represent their interests with the employer; and

Whereas a union Steward is an essential link between members and the employer and between members and elected officials; and

Whereas it is essential that there is a process whereby members of a workplace are able to select their representative Steward; and

Whereas currently the authority to appoint a Steward rests exclusively with the President thereby removing this power from rank and file members;

Therefore be it resolved that By-Law 12 be amended as follows:

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

By-Law 12.4.1 - By Election By virtue of being elected by members in his area of jurisdiction.

By-Law 12.4.2 - By Appointment The authority to appoint a Steward rests exclusively with the President.

By-Law 12.5 - Re-Appointment of Stewardship The authority to renew a Steward's term rests exclusively with the President. Upon expiry of the term of Stewardship, a Steward may be re-appointed as follows:

By-Law 12.5.1 - By Re-Election Upon being re-elected by members in his area of jurisdiction.

By-Law 12.5.2 By Renewal - Subject to the recommendation of the appropriate Group Executive, by choosing to renew his term of office unless the member loses an election for the position of Steward.

Resolutions Sub-Committee Comments – If this resolution passes, it would change the authority of the President.

The President’s exclusive authority over Steward appointments is a reflection of the important role they play as Institute representatives who can engage the Institute’s liability on several fronts (human rights, duty of fair representation, civil liability, etc.). It is an appropriate means to ensure that the liability risks associated with such responsibility is mitigated.

The 2016 AGM added the word “exclusively” to BL 12.4.2.

There was no mover for this resolution.

Moved and seconded that,

Whereas one of the roles of the Vice-Presidents as specified in Institute By-Laws is to assist the President; and

Whereas it is critical that Vice-Presidents are capable of stepping into the role of President of the Institute should an unforeseen event transpire, in order that the transition is seamless and the work of the Institute carries on uninterrupted; and

Whereas the roles and authorities of the President and the Vice-President currently lack clarity; and

Whereas there is currently no mechanism to resolve issues relating to assignment of the Vice-Presidents workload, including ensuring that Vice-Presidents are fully utilized;

Therefore be it resolved that By-Law 19.2 be adopted as follows:

By-Law 19.2.1.2 (New) If the President relinquishes the position of Chair at any meeting, one of the Vice-Presidents shall be appointed Chair of the particular meeting by the President. Chairing of meetings shall be shared on an equitable basis amongst the Vice-Presidents.

By-Law 19.2.1.3 (New) The President shall assign portfolios to the Vice-Presidents having regard to the strategic objectives of the Institute, and taking into account the skills, attributes and interests of the Vice-Presidents on an equitable basis, and subject to final approval by the Board.

By-Law 19.2.1.4 (New) Appointment to external Committee, Working Groups or Boards shall be made by the President, subject to the recommendations and final approval by the Board. In all cases, appointment to these positions shall be from the Vice-Presidents, and the Directors (in that order). For greater certainty, staff shall not be appointed to any external Committee, Working Groups or Board except for sub- committees of a particular Committee, Working Group or Board that are stood up with the express purpose of supporting the particular Committee, Working Group or Board.

By-Law 19.2.1.5 (New) The President shall not relinquish any of her responsibilities or authorities to a staff person. For greater certainty, the President may delegate his/her responsibilities to a Vice-President, but remains ultimately accountable for any actions or decisions made.

Resolutions Sub-Committee Comments - The President currently has the authority to assign work to Vice-Presidents and members of the Board based on their skills, attributes, and interests in accordance with By-Law 20.2 (Responsibilities of Vice-Presidents – Quote verbatim 20.2). This amendment would shift that authority from the President.

Proposed By-Law 19.2.1.4 provides that only members of the Board of Directors can be appointed to committees, working groups or boards. This proposed amendment would prohibit the appointment of subject matter experts from the membership or staff to committees, working groups or boards.

Some were of the view that the work of VPs should be distributed equitably and should also be approved by the Board. The current process is not transparent as it solely rests in the hands of the Presidents.

Moved and seconded that this resolution be referred to the Board of Directors to report back to the 2018 AGM.

Referring the matter to the Board would allow for a more in-depth consideration of the issues. Instructions to the Board would be to report back to the 2018 AGM with a proposed BL amendment to address this gap. It was suggested that the Board report back to the Advisory Council instead of the AGM.

Some were of the view that the Board could seek input from the AC but the resolution should not be referred to that body. The AC should report back to the Board (the decision body), who would report back to the 2018 AGM.

The motion to refer carried.

Moved and seconded that,

Whereas PIPSC represents professionals employed across Canada and internationally; and

Whereas PIPSC is comprised of 47 distinct Groups in 6 Regions; and

Whereas PIPSC seeks to engage and represent all members regardless of Group or Region; and

Whereas By-Law 10.4.3 states that the Advisory Council shall have a Steering Committee comprising the Chair, the Vice-Chair, the AC Director, one (1) representative from each of the three (3) categories of employers elected from amongst Group and Consultation Team representatives employed by each category of employers: one (1) from Treasury Board, one (1) from Federal Government Agencies other than the Treasury Board and one (1) from the separate employers; and

Whereas Committees of the Board have not always been composed of representatives from all Groups and/or Regions;

Therefore be it resolved that By-Law 17.1.3 be amended as follows:

17.1.3 Composition All Committees shall consist of five (5) to seven (7) members and, unless otherwise specified, shall include one (1) member from each Region. Additionally, each committee shall consist of at least one (1) member from Treasury Board, one (1) from Federal Government Agencies other than the Treasury Board and one (1) from the separate employers. Where there is a Vice-President liaison to a committee, the Vice-President does not count as a member of the committee.

Resolutions Sub-Committee Comments – No comment

The intent of the resolution is to ensure that all Groups are represented on Board standing committees, making them more equitable.

It was noted that although the intent of the resolution is good, it could be challenging to meet those criteria, making it more difficult to fill committees. Best efforts could continue to be made in terms of Group representation on committees however this should not be mandated through a BL.

The motion was defeated.

Moved and seconded that,

Whereas Officers (President and VP) are elected by all PIPSC members, Regional Directors are elected by all members of the region, all members are eligible for election as a member of the Board; and every member has one voting ballot (By-Laws 22.2 and 22.3); and

Whereas only representatives of the Advisory Council (AC) shall be eligible to run for, vote for and hold the position of AC Director (By-Laws 10.4.4.1) and this election is separate from elections to the Board (By-Laws 17.3.2); and

Whereas elections to the Board of Directors has been set in 2012 to occur simultaneously every 3 years; and no member shall be a candidate for more than one position on the Board in any given election (By-Laws 22.1 and 22.2.2); and

Whereas in 2016, the Advisory Council wanted to eliminate the possibility that the AC Director be a candidate to an officer position (President or Vice-President) while remaining a member of the Board;

Therefore be it resolved that By-Law 22 be amended as follows:

22.2.2.1 Board Members as Candidates Except for the AC Director, A member of the Board shall not, however, impair his capacity to retain his current office by virtue of his candidacy for another office, save upon election to such latter office as provided herein. The AC Director shall resign to be a candidate for elections to the Board.

Be it further resolved that By-Laws 15, 21, and 22 be amended to complete the distinction between AC Director and Regional Directors; and to remove the AC from four (4) sections of By-Laws 21 as follows:

15.1 Composition The Board of Directors shall consist of the President, the four (4) Vice-Presidents, and ten (10) nine (9) regional Directors and the AC Director.

21.2 Distribution Four (4) Elected Directors shall be from the National Capital Region; and one (1) elected Director from each of the Regions outside the National Capital Region, and one (1) Elected Director shall be elected by the Advisory Council.

22.1 Date of Election/Commencement of Office Commencing in 2015, there shall be an election of Officers and Directors of the Institute every three (3) years. On or before the first (1st) day of September, the Board shall fix the date for the election of Officers and Regional Directors, which shall take place at the Annual General Meeting. The newly-elected Officers and Regional Directors shall take office on the first (1st) day of January, following the election.

21.4.1 If a position of elected Director becomes vacant, the Board shall, subject to the recommendation of the AC or the Regional Executive concerned, fill such vacancy, by appointment, until the vacancy is filled by election. By-Law 21.2.1 is not applicable until the election.

21.4.2 Insufficient Nominations Notwithstanding the above, vacancies that occur as a result of insufficient nominations shall, subject to the recommendation of the AC Steering Committee or the Regional Executive concerned, be filled by appointment by the Board.

21.5 Leave of Absence for Just Cause [... ] the Board may, at its discretion and subject to the recommendation of the AC Steering Committee or the Regional Executive concerned, fill the position [etc unchanged]

21.5.1 When a Director is absent [... ] the Board may, at its discretion and subject to the recommendation of the AC Steering Committee or the Regional Executive concerned, fill the vacancy [etc unchanged]

Resolutions Sub-Committee Comments - If proposed By-Law amendment 10.1.4. passes, this would become out of order or redundant as it would have the same effect.

This proposed amendment would recognize the AC Director as being part of the Board of Directors.

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

Some felt that some issues contained in this resolution still need to be addressed. The Board should be instructed to consider striking BL 22.2.2.1, now redundant as a result of tri-annual elections. Proposed BL amendments are to be brought back to the 2018 AGM.

The motion to refer carried.

Moved and seconded that,

Whereas it is not common to see officers involved in the day-to-day activities, while also being involved in the strategies of organization. Involvements at both levels could be prone to tensions, conflict of interests, bias. Further, some of current and past VPs have being wearing multiple hats that further cause conflicts on the position to be taken on some decisions. Basically, sometime it feels like one day you decide what you are going to do the next days, always thinking of the how (down to earth) and not concentrating on the why (20k feet strategies);

Therefore be it resolved that By-Laws 19.2, 20.2 and 21.2 be amended and converted into regulations, effective January 2019:

BY-LAW 19 - PRESIDENT

R 19.2.1.1 The President shall not be a member of a Consultation Team, a Group, Sub-Group, Region or Branch Executive.

BY-LAW 20 - VICE-PRESIDENTS

R 20.2.1 The Vice-Presidents shall not be a member of a Consultation Team, a Group, Sub-Group, Region or Branch Executive.

BY-LAW 21 - DIRECTORS

R 21.2.1 A Regional Director shall not be a member of a Consultation Team, a Group, Sub-Group or Branch Executive.

Resolutions Sub-Committee Comments – No comment

Some were of the view that by virtue of being a Steward, the President, VPs and Directors are already part of the consultation process however they should not be restricted from being part of a Team. Having senior representatives of the Institute on Consultation Teams would only serve the Institute better.

It was pointed out that the AGM already spoke against this a number of years ago and the AGM felt it was useful and important in some instances to have senior elected officials on Consultation Teams.

Some spoke in favour of the motion, having concerns that senior leaders of the organization may be too busy to take part in consultation team issues.

The question was called.

The motion was defeated.

The Chair of the Finance Committee and the Director of Corporate Services joined the head table to address the financial resolutions.

Moved and seconded that,

Be it resolved that the 2017 AGM receive the audited financial statements for the fiscal year ending December 31, 2016 and for the fiscal year ending June 30, 2017.

Resolutions Sub-Committee Comments - No comment

The Chair of the Finance Committee reported on the financial statements ending December 31, 2016. He pointed out that the variance report was based on the Institute’s audited financial statements as of December 31, 2016. Only major variances or accounts of recurring importance were mentioned in this report. As a result of the highlighted variances, the Institute generated a surplus of $1,131,260 compared to a budgeted deficit of $1.5 million.

The FC Chair then highlighted some of the key areas and some of the variances in the June 2017 statements (stub year). It was pointed out that the variance report was based on the Institute’s audited financial statements as of June 30, 2017. These statements are for a period of six (6) months as a result of the Institute’s change in fiscal year to June 30. Only the major variances or accounts of recurring importance were outlined in this report.

As a result of the variances outlined, the Members' Participation expenses were identified as $424K over budget and the Institute generated a surplus of $2,053,621, compared to a budgeted surplus of $1.7 million.

It was clarified that payments to members affected by Phoenix came out of discretionary funds of the Board of Directors. The AGM suggested that these Phoenix-related expenses should be reflected on a separate schedule since this will remain an expense moving forward.

Action: Director, Corporate Services

A status update on the building was requested. The AGM was informed that the top floors of the National Office were still not leased and costs to PIPSC could be found in the Building Trust financial statements provided as part of the AGM package. A report from the brokerage firm was also provided to delegates, outlining efforts made to seek new tenants.

Some delegates raised concern that member dues were being paid to the Building Trust to sustain the building and questioned whether or not that money would be reimbursed. It was clarified that the Trust owes PIPSC and will reimburse that money. All efforts are being made to lease the vacant space. Selling the building now would result in a greater loss as the building is worth more fully rented, than empty. The option of selling the building is not being contemplated at this time.

Clarification was sought on the administrative cost to manage the parking, i.e. reimbursing members for parking. Providing parking passes to PIPSC members to use the parking could be an option to avoid that process. It was clarified that the Building Trust and PIPSC are two separate entities. The Trust decides who gets the parking contract and the money generated from that contract goes through the Trust therefore paying the Trust and paying PIPSC would not be feasible in that regard. The cost of the parking contract was not known at this time.

The question was called on F-1.

The motion carried.

Some delegates felt that the financial forum or another form of discussion platform should be reintegrated into the AGM program. Moving forward, the font of financial statements should be increased for ease of reading. This will be considered for the 2018 AGM. Action: AGM Coordinator

Moved and seconded that,

Be it resolved t hat BDO Canada be appointed as auditors of PIPSC and its related entities, for the 2018 and 2019 fiscal years.

Resolutions Sub-Committee Comments - No comment

The motion carried.

Moved and seconded that,

Be it resolved that the 2017 AGM approve the budgets for the period of July 1, 2017 to June 30, 2018 and for the period of July 1, 2018 to June 30, 2019.

Resolutions Sub-Committee Comments - No comment

Moved and seconded that resolution F-3 (Budget) be tabled to end of budgetary resolutions.

Resolutions Sub-Committee Comment: No comment

The motion to table carried.

Moved and seconded that,

Whereas PIPSC has benefited by its membership in the CLC, and

Whereas participation in the CLC Triennial provides direction to the CLC and the Canadian Labour movement, and

Whereas PIPSC being a CLC member is allocated 110 delegates to the Convention, and

Whereas PIPSC lapses the majority of those seats at the Triennial Convention,

Therefore be it resolved that the PIPSC Board of Directors work together with the Advisory Council and develop a strategy to fund and use the seats allotted to PIPSC for the CLC Triennial Convention by June 2018.

Resolutions Sub-Committee Comments - The total cost of sending 110 Institute delegates to the CLC Convention would be $543,460.

Some were of the view that the Institute should have a full delegation at the CLC to ensure proper representation and have a strong voice. The intent of the resolution is to allow a strategy to be developed accordingly.

Some were concerned with the cost of sending a large delegation to the CLC Convention and questioned the value-added to the organization and to the membership.

The question was called.

The motion carried.

Moved and seconded that,

Whereas the workforce composition is changing and the proportion of precariously employed members is increasing;

Whereas there was a $10/month dues increase at the 2016 AGM applied to all members irrespective of annual salary;

Whereas dues-paying members employed in casual “term” positions are not provided the same benefits and protections in many collective agreements as members employed in permanent “indefinite” positions;

Whereas PIPSC prides itself on a fair dues structure and should support precariously employed members;

Whereas the 2013 report on dues indicated the average PIPSC member paid 0.83% of their salary in dues;

Whereas PIPSC members grossing less than $40,000 annually pay greater than 2.0% of gross annual earnings in union dues;

Be it resolved that members who have paid more than 2.0% of their gross annual earnings as indicated on their T4 be eligible to apply to PIPSC for reimbursement of any dues paid above 2.0% to be credited against the following year’s dues.

Resolutions Sub-Committee Comments - This proposed resolution would affect fewer than 180 members. The total cost would be between $13K and $30K depending on the actual salaries of affected members. There would also be additional administrative costs to validate the members' salaries.

The intent of the resolution was to seek support of smaller Groups by larger Groups and by the Institute to fix the anomaly and to make things more equitable and fair. This would represent a minimal cost to PIPSC and would have a significant impact for members of small Groups.

Some felt that this could result in an administrative burden for the Institute and would be difficult to manage. As written, it was unclear whether or not this would apply to retired members as this would imply that they would not be required to pay dues.

It was clarified that the intent of the resolution is that a process be created to bring financial relief to some members. If this is not workable, it could be eliminated or fixed however this would allow the matter to be looked into.

The motion carried.

Moved and seconded that,

Whereas the employer usually does not recognize union work when they hand out workplace awards; and

Whereas many deserving Stewards are not being recognized for the work they do on behalf of the members and PIPSC; and

Whereas the Steward of the Year awards are given out on a geographical basis by Region, with no regard to the numbers of Stewards in a particular Region (specifically, that the NCR can only ever have one Steward of the Year, despite having a much larger population of Stewards compared to some other Regions); and

Whereas many Stewards are engaged in some of the most difficult union-related tasks, such as bargaining with the employer, and receive little or no formal recognition from PIPSC because much of their effort is expended in Groups, Su-Groups, Consultations and in various Committees, rather than in Branches and Regions; and

Whereas there is little consistency from year to year in the awarding of small gifts of appreciation to those who do win the awards available through PIPSC; and

Whereas it isn’t clear what awards or gestures of thanks are being given out locally by constituent bodies that vary greatly in size and budget; and

Whereas the submissions of names and justifications for awards are often difficult to obtain from our busy Stewards; and

Whereas many long-serving and active Stewards often retire without any recognition or thoughtful gesture for their years of dedicated service to the members; and

Whereas constructive changes to the way awards are handled in PIPSC can be seen as a personal affront for some of those who have received our existing awards in the past;

Be it resolved that the PIPSC BOD seek members’ advice on how to improve the current method of recognizing the work our Stewards do, and that they propose a motion to the 2018 PIPSC AGM on any suggested changes.

Resolutions Sub-Committee Comments – Depending on the manner in which this resolution would be implemented, the cost could be up to $50K for a standard committee.

Although the intent of finding ways to celebrate the work of Stewards is good, some felt there could be other ways to seek the input of members other than creating another committee. It was suggested that the Training & Education Committee could consider this matter. It was also suggested that this could be addressed through the Regional Directors who could bring recommendations to the Board to action in the short term. It was pointed out that the Advisory Council has addressed this as being an important issue to address.

Although steps may need to be taken to recognize the work of Stewards, nominating and making submissions for the “Steward of the Year Award” is also important and should be considered.

The motion carried.

Moved and seconded that,

Whereas women constitute a large portion of PIPSC members and need a voice to be heard at PIPSC; and

Whereas a National Status of Women Committee exits in our Government since late 1970; and

Whereas Women’s rights are still an ongoing issue within the public service and within PIPSC and are not being respected regardless of the policies in place;

Therefore be it resolved that the Board of Directors of PIPSC strike a task force to review women’s committees of other unions within the CLC; and

Be it further resolved that the Institute bring back a written report on this review to the 2018 AGM.

Resolutions Sub-Committee Comments - The average cost of a committee is $50K.

The intent is for the Institute to explore what can be done in support of women, look into what is being offered by other unions and what committees have done on this front to see what can be learned from that data. Informed decisions could then be made by PIPSC moving forward. Women issues are alive and real and the Institute needs to be aware and supportive of them.

Some felt that the study should also consider other equity groups in terms of diversity inclusion. The report should be all inclusive.

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

Moved and seconded that,

Whereas PIPSC strives to create a culture of active participation and of militant action based on knowledge and expanding horizons; and

Whereas PIPSC advocates healthy lifestyles, physical activity and social involvement; and

Whereas PIPSC has invested heavily in the Better Together campaign; and

Whereas the members want to take part in concrete mobilization activities, be physically active and contribute to social causes; and

Whereas PIPSC manages a not-for-profit foundation, the Legacy Foundation, which could benefit from greater visibility, voluntary contributions and funding sources; and

Whereas PIPSC manages ServicePlus, which offers services at preferred rates and opportunities to save money;

Be it resolved that PIPSC establish a national task force to review applications for charitable and outreach activities and initiatives proposed by members that are aimed at maximizing the visibility of PIPSC and the Legacy Foundation by optimizing the partnerships established by ServicePlus. The applications and proposals accepted by the committee would be recommended to the Board of Directors for a review of the budgetary issues.

Be it further resolved that the task force be made up of one volunteer member from each of the PIPSC Regions.

Be it further resolved that the task force hold virtual meetings only.

Resolutions Sub-Committee Comments - This resolution may be at odds with the stated purpose of the Legacy Foundation to provide bursaries to post-secondary students.

It is unclear how the Legacy Foundation’s By-Laws and Regulations would operate in the proposed framework. It is also unclear how ServicePlus partnerships would operate in the proposed framework.

The estimated cost would be $10,400.

The mover spoke to the motion, stating that members’ dues need to be used for representation and negotiations first and foremost, not for charitable organizations.

Moved and seconded that this resolution be referred to the Board of Directors with instructions to task the Advisory Council to look into the matter.

It was noted that the Board of Directors cannot direct the Legacy Foundation, which is a separate legal entity, with its own BLs therefore this motion should be ruled out of order.

The Chair ruled the motion to refer in order and allowed it to be addressed.

The motion to refer was defeated.

The original motion was defeated.

Moved and seconded that,

Whereas the second Technical Committee Report to the Steering Committee on Mental Health In the Workplace recommended “federalizing” the Mental Health Commission of Canada’s Assembling the Pieces, the step by step implementation guide for the National Standard of Canada for Psychological Health and Safety in the Workplace (The Standard); and

Whereas the third Technical Committee Report outlines a method to “plan, develop, maintain and refresh” the PHSMS; and

Whereas the entire Public Service will be required to implement the PHMS accordingly over the next 3 years (approximately); and

Whereas the implementation involves creation of joint mental health sub committees (JMHSC), joint identification of Champions, the co-development of JMHSC Terms of Reference, the co-development of an initial communication strategy; and

Whereas PIPSC stewards (particularly Consultation Teams and Consultation leaders and Steward networks) will be called upon to take leadership in this initiative and implementation of the PSHMS and it is critical that we are equipped to not only train our stewards on The Standard, but lead by example by implementing The Standard within our own organization;

Be it resolved that all consultation teams be trained on The Standard and the five pillars to the Workplace Mental Health Strategy (Programs, Policies, Benefits, Training, Assessment); and

Be it further resolved that a Working Group be struck from the Board of Directors and the Advisory Council of PIPSC to oversee and make recommendations regarding training, policy development, recommendations regarding the elements required for implementation of the Standard within PIPSC (through EC/MC); and

Be it further resolved that the Institute engage to propose that The Standard be implemented for its own employees and create the required committees.

Resolutions Sub-Committee Comments - According to the Service Wide Occupational Safety and Health Committee recommendations, the responsibility for overseeing implementation of the Standard should rest with departmental Joint Occupational Safety and Health Committees; as such, the cost of training would be incumbent on the employer. It is unclear what roles the consultation teams may have.

The proposed resolutions, as they apply to Institute employees, could contravene staff collective agreements and duplicate the work of the existing Joint Health and Safety Committee between the Institute as an employer and staff.

Moved that this motion be split. As there was no vote required to split the motion, the debate unfolded accordingly.

The last part of the resolution (third “Whereas”) was ruled out of order as it would affect the staff Collective Agreements.

On the first part of the motion:

Moved and seconded that all consultation teams be trained on the Standard and the five pillars to the Workplace Mental Health Strategy (Programs, Policies, Benefits, Training, Assessment);

It was noted that Consultation Teams are working to get the Standard implemented and to provide good information to departments. This would increase the number of people working on the Standard and assist with mental health issues therefore all Consultation Teams should have access to this training. The intent is that PIPSC would be providing the training, giving it a union perspective and making sure it is available.

It was pointed out that as written, this would exclude Separate Employers Groups, most of which do not have Consultation Teams. There was also concern expressed that this had not been costed. The AGM should have that information before being asked to make a decision.

The cost was outlined as follows:

$15K-$25K to develop the course

$1,500 per person for training

This would be applicable to two members per Consultation Team (100 members)

TOTAL – approximately $175K

The question was called.

The motion carried.

Moved and seconded that a Working Group be struck from the Board of Directors and the Advisory Council of PIPSC to oversee and make recommendations regarding training, policy development, recommendations regarding the elements required for implementation of the Standard within PIPSC (through EC/MC). (The estimated cost to establish a working group would be approximately $50K.)

The intent is that the working group would explore policy development and look at templates and best practices that could be applied at PIPSC.

Moved and seconded that this be referred to the Training & Education Committee (TEC) and the By-Laws & Policies Committee (BLPC) for the development of the training component and the development of the policy component.

It was suggested that the instructions should include consultation with the Advisory Council.

It was noted that the matter should be referred to the Board of Directors, who would task the Committees.

The motion to refer carried.

Moved and seconded that,

Whereas PIPSC has been an affiliate with the CLC since 2013 and has yet to incorporate or fully participate in all CLC Advisory Committees and Working Groups in an organized fashion and consequently not realized the full potential of its affiliation in terms or opportunities for education, training, influence, and participation in the collective union/progressive movement organized and offered by the CLC as the “House of Labour”; and

Whereas the primary role of the CLC Advisory Committees is to provide advice to the CLC Executive Officers and the Canada Council on issues referred to the committee by Convention, Council or an Officer, and identify emerging issues, the development of policy or other such responses; and

Whereas affiliate representatives on the CLC Advisory Committees are appointed by respective affiliates to represent the position and policies of their union and should have the authority of their union to speak on their behalf and report back to the ranking officer of their union who sits on the Canadian Council on the issues addressed by the Committee; and

Whereas the CLC committees provide a forum and mechanism for the CLC to coordinate responses to governments, agencies, boards, and other bodies on legislation, regulations or other initiatives which many affect working people, unions, or social and economic institutions and programs; and

Whereas CLC committees either through digital communications or meetings, provide an opportunity for affiliate representatives to share information or discuss issues of common concern with which they may be dealing and to suggest possible areas of research or coordination by the CLC;

Be it resolved that all appointees for CLC Committees be aligned with existing PIPSC Committees of the Board (ie CLC Human Rights with PIPSC Committee for Human Rights and Diversity; CLC Young Workers with PIPSC Young Workers); and

Be it further resolved that PIPSC Board of Directors create working groups or ad hoc committees to align with CLC Advisory Committees where PIPSC Committees do not already exist (i.e. Environment, Health and Safety, Education, Political Action, Women’s, Training and Technology) to inform the PIPSC Chair, who shall be appointed from the Board by the Board.

Resolutions Sub-Committee Comments – The CLC has 8 advisory committees, 5 working groups and 4 ad hoc committees, for a total of 17 committees. If all 17 committees are replicated, the total cost would be $850K. This amount would be reduced by the number of existing committees that would not be replicated. This would remove the authority of the Institute’s Board of Directors to appoint Committee Chairs that are not members of the Board.

The intent of the resolution was to seek alignment of PIPSC standing committees with CLC committees. The CLC has a diversity of committees and this would allow PIPSC to be more inclusive and have a voice on key issues.

Some felt there was no need for the Institute to link to another structure as it may not be the best solution for the organization. Some were also unclear how this would be done or what the cost would be. As presented the motion was deemed to be incomplete and unclear. Concern was also expressed with the statement in the last “be it resolved”, requiring the appointment to be made from the Board and by the Board. Currently, the Board does not represent the diversity to fulfill the requirement of the resolution, as one has to be a member of the specific community to sit on the CLC committees.

It was pointed out that this would change the BLs regarding the definition of committees as well as who can chair and sit on committees therefore, the motion should be ruled out of order. It was clarified that this would not impact BLs as it refers to creating an ad hoc committee and/or a working group and does not refer to existing PIPSC committees.

The question was called.

The motion was defeated.

Moved and seconded that,

Whereas The Institute promotes the balancing of Family Life and Union Activities and;

Whereas the majority of Collective Agreements negotiated by the Institute include articles which support the application of compressed work schedules to better accommodate our members’ work and family life balance, and;

Whereas our current Policy on Compensatory Salary approves full compensation replacement for a variety of leave types taken with pay but specifically excludes a scheduled compressed day off;

Therefore be it resolved that the Policy on Compensatory Salary be revised to include “scheduled compressed day off” as one of the approved types of leave from a public service position that qualifies for full compensation under the said Policy.

Resolutions Sub-Committee Comments - Audit procedures will require adjustments should this proposed resolution passes because it may be difficult for members to provide supporting documentation when a compressed day is used for union business.

Some were unclear on how this would be worked out in terms of the number of hours taken off from the employer and the hours claimed from PIPSC. The lack of clarity was also in terms of the reimbursement for the full hours of a compressed work day, the hours actually worked for PIPSC or the zero hours taken from work.

It was also pointed out that there is no code for compressed days off (CDO) and as per collective agreements, there is flexibility in terms of when the CDO can be taken.

Moved and seconded that the motion be amended as follows:

Therefore be it resolved that the Policy on Compensatory Salary be revised to include “scheduled compressed day off” as one of the approved types of leave from a public service position that qualifies for full compensation under the said Policy to a maximum of 7.5 hours.

The amendment carried.

On the amended motion,

This would still be difficult to manage and it is unclear how many hours would need to be compensated by PIPSC. This would not take into account members who are required to work more than 7.5 hours

It was noted that if a member works on a compressed work schedule and takes a day off, that day off is the number of hours the member would have worked on that day, which is what the leave would be. Only the 7.5 hours should be reimbursed by PIPSC otherwise, it would be deemed as double-dipping as the member is getting paid for the leave taken from the employer (based on a CDO) and would be paid a second time for that same time by PIPSC. A compressed work schedule is optional and it should not have an impact on the organization.

From a policy point of view, this would compensate the loss of time to members, which would be fair and reasonable and in line with the philosophy of balancing union and family life.

Some were of the view that the motion should be ruled out of order as salary compensation is based on the premise that the member is reimbursed for loss of salary. A compressed work day is not a loss as the time has already been paid.

The Chair ruled the motion out of order.

Moved and seconded that resolution F-3 be untabled.    Carried

Moved and seconded that the 2017 AGM approve the amended budgets for the period of July 1, 2017 to June 30, 2018 and for the period of July 1, 2018 to June 30, 2019. ( Surplus of $1,481,190 (2017-2018) and $860K (2018-2019)

The 2016 Building Trust (BT) financial statements reflected a $1.29M rental income from PWGSC and still ran a deficit of $347K. In 2017, that income source was gone as there are no more tenants. It was requested that an updated estimate on the deficit from the BT in 2017 be provided as well as how that number will be reflected in the budget for 2018.

It was clarified that this would have no impact on the PIPSC budget but a deficit of approximately $1M would be reflected on the BT budget for 2017.

It was clarified that the high number reflected for external legal fees was mainly due to the settlement of the Olymel case. In 2016, legal costs for internal conflict were approximately 25% of that line item.

A delegate raised a point of order, stating that a page from the budget was missing in the French package and should be provided.

Moved and seconded that resolution F-3 (Budget) be tabled pending the distribution of the missing document. Carried

Once the missing document was provided to delegates, a motion was presented to untable resolution F-3.

Moved and seconded that resolution F-3 be untabled. Carried

The question was called.

The motion carried.

Moved and seconded that,

Whereas electronic mail is the Institute’s main means of communicating with its members;

Whereas the Institute absolutely must rely on engaging a maximum number of members to succeed in its mission;

Whereas an email that simply contains a link to a web page generates little or no interest from members;

Whereas the email messages in their current form work against our goal of attracting and engaging our members;

Be it resolved that moving forward all email messages sent to our members automatically contain the entire message in the email itself and in HTML format, based on a template approved by the Institute’s Communications team;

Resolutions Sub-Committee Comments - The Institute has made major strides in the last year in increasing the number of HTML email messages sent. The Institute sent out 3,25M emails last year (2.4M plain text and 846K HTML). The Institute continues to implement tools and processes to increase the number of HTML emails while also moving forward on other IT projects identified in the strategic plan. This resolution, if passed, may impact the implementation schedule of IT projects.

HTML vs. plain text - Messages delivered as html can have some impact on usability by members. However, many members have challenges accessing html e-mail at work because of the employer’s system restrictions (CRA, Stats Can and DND to name three) which could impact 9,000 members in these departments who have chosen to receive e-mail at work.

The intent of the resolution is to modernize the email system to ensure that all members receive the information in the appropriate format and in a timely manner.

Moved and seconded that this resolution be referred to the Board of Directors to task the ITSP Committee.

The motion to refer carried.

Moved and seconded that,

Whereas the Institute is responsible for ensuring that its available money is spent wisely;

Whereas the Institute incurs costs for the attendance of one or more members to external activities;

Whereas any involvement in an external activity must provide added value to the Institute;

Whereas little information comes back to the decision-makers when such activities take place;

Be it resolved that every member of the Institute who attends an external union activity for which costs and/or attendance have been covered by a constituent body submit a written report to the Institute summarizing the activity and, where applicable, make recommendations.

Resolutions Sub-Committee Comments - No comment

This would ensure good governance practice and a good return on investment. It would be up to the sponsoring constituent body to make good use of the reports written.

The motion carried.

Moved and seconded

Whereas the national and regional committees must make decisions based on the funds allocated to them through the Annual General Meeting;

Whereas treasurers and chairs of national and regional committees do not have access to the details of financial transactions affecting the committees for which they are responsible; and

Whereas detailed financial reports are critical to the sound management of national and regional committees;

Be it resolved that treasurers and chairs of national and regional committees have quarterly access to the details of financial transactions as well as the detailed financial statements of the committees for which they are responsible.

This would assist constituent bodies with managing their affairs more efficiently.

The motion carried.

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

It was noted that if the resolutions were referred, appropriate follow-ups would need to be assured and the Web site updated with the disposition taken by the Board. The people and/or bodies tasked should also seek the input of the authors of the resolutions. As such, the 2017 AGM should direct the Board of Directors to task appropriate bodies within thirty (30) days of the AGM.

The motion to refer carried.

The late resolutions died on the order paper.

The President made her closing remarks at this time. She thanked the delegates for engaging in the debates and for being interested in the affairs of the Institute. The President also thanked AGM Co-Chairs Marilyn Best and Laurent Joncas, who were ably assisted by Robert Trudeau, Parliamentarian. 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 98^th Annual General Meeting.

The AGM adjourned at 6:15 p.m.

Whereas our union represents more than 50,000 members;

Whereas the labour movement has been facing all-out assaults for years;

Whereas each work environment requires adherence to specific missions and values;

Whereas the values of the labour movement are substantially different than the values that can be found in other work environments; and

Whereas the Institute’s values are attainable and well known, and include respect, integrity, cooperation and accountability;

Be it resolved that the hiring processes for the Institute’s employees include a thorough, systematic assessment of the applicants’ adherence to our organization’s union values;

Be it further resolved that adherence to these union values be a top priority in the assessment of the applications received.

Whereas it is important for the union to ensure its sustainability;

Whereas, in the next few years, a generation of members will be retiring;

Whereas it is vital to prepare the next generation of leaders;

Whereas the Québec Youth Committee is proving successful; and

Whereas similar initiatives within the Institute should be considered;

Be it resolved that each of the Regional Directors consider the appropriateness of identifying one or more young activists in their respective region, thereby encouraging the creation of a Regional Youth Committee.

Whereas the Institute’s By-Law 27 establishes the principle of equality of both official languages; and

Whereas the Institute’s AGM is usually chaired by a unilingual Anglophone person;

Be it resolved that, starting with the 2017 AGM, the Institute’s AGM will be chaired by a bilingual person.

Whereas Institute By-Laws allows members' participation based on residence or place of work, refer to

11.1.2 A Member may choose to be active in the regional structures where he resides, works or last worked. No member shall have rights in more than one (1) region. AGM 2015

Whereas the NCR Region is defined by Institute By-Laws as:

4.2.1 National Capital Region - shall generally coincide with the official map published by the National Capital Commission and deemed to include the are encompassing Atomic Energy Canada Limited at Chalk River as well as Petawawa. AGM 2006

Whereas AECL no longer employs PIPSC members of the Chalk River Professional Employees Group (CRPEG), the employer is now called Canadian Nuclear Laboratories (CNL) since 2014;

Whereas workplaces can be easily determined by their civic address in the cities of Ottawa, Gatineau, Petawawa and Chalk River, many members reside in the suburbia outside these cities. The growth of residential areas (cities and their suburbs within commuting distance) is reflected in Statistics Canada's census since 2002 but is not reflected in the act that permit land acquisition by the National Capital Commission. Such that residents of Rockland and Embrun (among others) are now included in the Ottawa-Gatineau Census Metropolitan Area (CMA) and they are within commuting distance of government offices in downtown Ottawa and Gatineau. Residents in these urban areas are generally not deemed to be in PIPSC's Ontario Region. Note that Residents of Kingston and Cornwall areas are not included in Statistics Canada' Ottawa-Gatineau CMA but are generally deemed to be in PIPSC's Ontario region as defined by Institute By-Laws 4.2.4.

Be it resolved that PIPSC research and clearly define the boundaries of the NCR to ensure the inclusion of all NCR members in Ottawa, Gatineau, Petawawa, Chalk River and surrounding areas as currently defined by the PIPSC Bylaws,the NCC definition and the Statistics Canada Census Metropolitan Area and report back to the 2018 PIPSC AGM with proposed amendments to PIPSC bylaw and/or policy amendments.

Be it further resolved that PIPSC studies the issue of regional affiliation, costs, applicability and purpose of By-Laws 4.5; to review and report back to the 2018 PIPSC AGM with corrections and revisions to PIPSC By-Laws, interpretation and Regulations related to regional affiliation with the aim of achieving one region per member that does not affect the By-Laws, regulation or practises of other constituent bodies or organization.

Resolutions Sub-Committee Comments - No comment

Whereas PIPSC identifies gender in various by-laws, regulations and policies by including a “Context and Gender” section which generally states, “…expression in the masculine or feminine gender, in plural or in singular, may be substituted to give the effect to the true meaning of the…”; and

Whereas other federal unions such as the Public Service Alliance of Canada and the Canadian Association of Professional Employees have adopted gender balanced language in their constitutions, by-laws, regulations and policies in French and English;

Be it resolved that PIPSC amend the PIPSC By-Laws and Regulations and all existing Policies to reflect gender balanced language;

Be it further resolved that all PIPSC Constituent bodies update their by-laws, regulations and policies to reflect gender balanced language within two years of their next AGM for member approval; and

Be it further resolved that PIPSC no longer allows a “Context and Gender” section in any future documents.

Resolutions Sub-Committee Comments - If adopted, this resolution would require the amendments of more than 400 Institute documents. An undetermined cost would be required for in house/external translation work.

Whereas the AGM is an important decision-making body of the Institute;

Whereas it is important to maintain the current length and frequency of the AGMs to both limit costs and stay in touch with the realities faced by the Institute;

Whereas Constituent Bodies include many people;

Whereas Constituent Bodies are an important part of the Institute’s structure;

Whereas AGMs are attended by a few hundred delegates; and

Whereas there is a process related to the approval of resolutions at AGMs;

Be it resolved that the resolutions submitted by individuals at AGMs be presented in the order they are received by the Resolutions Sub-Committee, just before the Late Resolutions.

Resolutions Sub-Committee Comments - No comment

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; therefore

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, with the addition of a non-binary gender option; and

Be it further resolved that techniques to protect the confidentiality of small populations of persons be appropriately applied.

Resolutions Sub-Committee Comments - No comment

Whereas PIPSC volunteers on committees and executives attempt to balance union activity, work, and family life, and

Whereas some members work in a continuous operation and once leave has been granted for union business in order to attend a meeting for which salary replacement is required, those shifts are taken by other members, and

Whereas when a union meeting is cancelled on short notice, the committee or executive member could face financial loss as their initial shifts may not be available or could only be recovered by cancelling the members that have picked up those shifts, and

Whereas it is difficult to cancel another member’s shift and still maintain good relations with those members as they too may suffer financial loss should they have to give the shifts up on short notice;

Be it resolved that the Policy on Balancing Union Activity and Family Life be amended to ensure that:

1. Committee and executive meetings are tentatively scheduled for the entire year, at the first meeting of the year;
2. The coordinator of the meeting will provide a minimum of two (2) weeks’ notice of cancellation of any meeting for which salary replacement may be required, either by e-mail or telephone;
3. Committee or executive members will contact the coordinator of the meeting in a timely manner to acknowledge that they are aware of the cancellation of the particular meeting;
4. If a committee or executive meeting is cancelled with insufficient notice for a member to pick up the shifts previously given up, that member is entitled to salary replacement for any shifts they were unable to recover

Resolutions Sub-Committee Comments - No comment

Whereas union-management consultation is a forum to raise issues, share information, advice and concerns about programs, policies and procedures, with a view to resolving problems and concerns; and

Whereas consultation is a constructive exercise to promote understanding and problem solving between the Institute and the employer, at a level appropriate to resolve the issues in an atmosphere of mutual respect and trust; and

Whereas a Consultation President plays a critical senior role in supporting the membership in a Department or Agency nationally; and

Whereas occasionally no Steward from a department or agency volunteers for the position of Consultation President;

Therefore be it resolved that when no Steward candidate for the position of Consultation President is available from a department or agency that PIPSC shall send out a call of interest to all Stewards. Accordingly section 12 of the Policy on Union-Management Relations: Consultation and Co-development be amended:

1. A request for interested parties will be sent to all Stewards in a Department or Agency. It will contain a description of expected duties and time commitment as well as expected travel and potential to be away from the job the member was doing.
2. (New) If no Steward responds then a similar request with necessary modifications such as timelines, will be sent to the Stewards in all other Departments or Agencies.

Resolutions Sub-Committee Comments - No comment

Whereas the Institute recognizes that disputes between members and matters which could require corrective measures, including discipline, may arise from time to time. This policy shall apply to:

1. The resolution of disputes between members; and

2. The imposition of corrective measures, including discipline where necessary

Whereas the Dispute Resolution and Discipline Policy and PART B – Member Conduct Roster state that:

Any Regular or Retired member is eligible to form part of the Roster, so long as they do not concurrently hold office as a member of the Board of Directors, or a President or Vice-President of a constituent body.

Therefore be it resolved that the intent of avoiding any conflict of interest be strengthened in the DRDP, Part B – Member Conduct Roster; by replacing President or Vice-President with on the Executive;

Therefore be it further resolved that the Steward Policy, section 12. Steward Appeal Roster, be similarly amended as follows:

Does not hold a position on the Board of Directors or office as President or Vice-President of a constituent body on the executive of a constituent body.

Resolutions Sub-Committee Comments - Under the current Dispute Resolution and Discipline process, each time a panel of peers is required to be struck from the Member Conduct Roster, the Office of the General Counsel takes active and consistent steps to ensure that each of the potential peer panel members being contemplated in a specific matter is capable of considering the matter with an open mind.

The restriction preventing only Presidents and Vice-Presidents of constituent bodies from being on either of the Member Conduct Roster or the Steward Appeal Roster is intended to be a means of balancing the need to limit the influence of politics, while not unduly restricting the pool of potential candidates.

Whereas the Dispute Resolution and Discipline Policy and PART D – Member Conduct Roster state that:

In all other cases, the General Counsel shall determine, in consultation with the President:

a) the most appropriate course of action given all the circumstances; and

b) the composition of the designated Panel of Peers, where required.

Whereas the avoidance of all possible political interference in such matters is critical to the membership of Institute;

Be it resolved that in consultation with the President be removed and that determine, be replaced with determine:

In all other cases, the General Counsel shall determine:

a) the most appropriate course of action given all the circumstances; and

b) the composition of the designated Panel of Peers, where required

Resolutions Sub-Committee Comments - No comment

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.

Whereas a Whistleblowing Policy is a best practice for any non for profit organization; and

Whereas PIPSC is such an organization and yet does not have such a Policy; and

Be it resolved that PIPSC shall review the following suggested Whistle Blowing Policy and shall adopt this or a variation of this as a Policy before the 2018 AGM:

Whistle Blowing Policy Suggestion

PIPSC is committed to the highest ethical standards and does this by conducting its business with maximum integrity and by achieving full compliance with all applicable legislation, bylaws, rules and regulations. In line with this commitment, PIPSC provides a mechanism for PIPSC elected officials, members, staff, volunteers and other stakeholders to raise any concerns they may have about the subjects covered by this policy and to be assured that in making complaints they will be protected from reprisal or victimization for raising their concerns in good faith.

This policy covers instances where an employee, member or other stakeholder has evidence of activity ( an “Incident”) by any PIPSC elected official, officer, member, staff, volunteer or consultant (including external auditors) that to his/her knowledge constitutes:

• Accounting, auditing, or other financial reporting fraud or misrepresentation;

• Violations of federal or provincial laws that could result in fines or civil damages payable by PIPSC, or that could otherwise significantly harm PIPSC’s reputation or public image;

• Unethical business conduct in violation of any PIPSC corporate policy and bylaws;

• Danger to the health, safety, or wellbeing of PIPSC elected officials, staff, members, volunteers and/or the general public (including any real or perceived threat of workplace violence or harassment).

Complaints that are not made in good faith will be viewed as a serious offence and may be subject to discipline (DRD Policy) up to and including dismissal in the case of staff, and/or the severing of the relationship with volunteers, suppliers, or other stakeholders.

PIPSC will not permit any PIPSC official, member, staff or volunteers to harass, retaliate or discriminate against those other PIPSC officials, staff, members, volunteers and stakeholders (the Complainant) who, in good faith, report an Incident. Retaliation in any form will not be tolerated and should be reported using the channels detailed below.

Any violation of this Policy may subject the violator to disciplinary action (DRD Policy), which may include, in appropriate circumstances, termination of employment or legal action.

Purpose:

Encourage members, staff and others to raise serious concerns within PIPSC.

Procedure:

A Complainant may submit their confidential complaint in writing to the Office of PIPSC General Legal Counsel by completing the Incident form. A completed Incident form(s) should be sent to the above office by e-mail or by regular mail.

A Complainant may remain anonymous. However, in order to allow for a better investigation of a complaint, the complainant should consider identifying him/herself by giving their name, their telephone number and other contact information.

Even if such contact information is not provided, the substance of the complaint will be treated as confidential and not discussed with others except to the minimum extent necessary to conduct a complete and fair investigation.

In all cases, the person who is alleged to have committed the infraction will be made aware of the complaint at an appropriate point during the investigation.

Providing details on the subject matter of the complaint, whether the Complainant chooses to identify him/herself or not, the Complainant should give as much information as possible on the subject matter of the complaint so that the information is sufficient to enable a full investigation. Such information should include details as to where and when the incident(s) occurred, the names and titles of the individual(s) involved and as much other relevant detail as the reporting individual can provide.

Upon receiving notice in writing of an Incident, the action taken will depend on the nature of the Incident.

Complaints will be handled in the following way:

Internal investigation by the Office of PIPSC General Legal counsel shall normally be accountable for investigating and resolving most types of complaints made under this Policy. In certain circumstances, this Office may refer the matter to, or seek the assistance of, a third party neutral, employees or others depending upon the nature of the Incident. Under no circumstances will a matter be referred to a PIPSC elected official, member, staff or other who is the subject of any Incident or is otherwise an inappropriate person (conflict of interest) to assist with the investigation.

Investigation

1) By the Office of PIPSC General Counsel

If any Incident involves:

(i) questionable accounting or other matters which, if true, has, or even could have the potential to have, a material effect on PIPSC’s financial position or its future prospects; or

(ii) an alleged impropriety involving an elected Official, Officer, member or staff of PIPSC

The Office of PIPSC General Counsel will analyze the Incident and commence an investigation and may enlist the assistance of one or more employees and outside legal, accounting or other advisors, as may be appropriate to conduct the investigation.

2)By the Board of Directors

In the event that the complaint concerns the Office of the General Legal Counsel, it shall be investigated by the Board of Directors following the same procedures as in 1).

The results of the Investigation shall be directed to the appropriate entity, similar to the DRD Policy, when action is required with the applicable appeal rights.

Reports to the PIPSC Board of Directors

The Office of PIPSC General Legal Counsel will advise the Board of Directors of all complaints received (and the summary results of investigations) on a quarterly basis. PIPSC shall retain any Incident reports and resulting investigations for a period of not less than seven (7) years, or in an acceptable manner at the discretion of the Board of Directors. Such preservation obligation shall include the making of written summaries of any oral complaints or incident.

Resolutions Sub-Committee Comments – The current DRDP Policy, in conjunction with By-Law 24, provides a process to address misconduct.

The proposed resolution provides four (4) distinct circumstances in which the proposed Whistleblowing Policy could be involved without regard to the fact that By-Law 24 already addresses each of these circumstances:

1. Accounting, auditing or other financial reporting fraud or misrepresentation - this is captured by By-law 24.1.1(h) and (o).

2. Violations of federal or provincial laws that could result in fines or civil damages payable by PIPSC, or that could otherwise significantly harm PIPSC’s reputation or public image - this is captured by By-law 24.1.1(o).

3. Unethical business conduct in violation of any PIPSC corporate policy and bylaws - this is captured by By-law 24.1.1(a).

4. Danger to health, safety or wellbeing of PIPSC elected officials, staff, members, volunteers and/or the general public(including any real or perceived threat of workplace violence or harassment) - this is captured by the DRDP and Harassment Policy, in addition to legislated obligations and collective agreement terms negotiated with staff unions.

It is unclear how the proposed resolution would interact with the existing Dispute Resolution and Discipline Policy.

Any misconduct alleged against staff cannot be addressed through the Dispute Resolution and Discipline Policy, as this would violate labour and employment laws.

Finally, it should be noted that the Institute does not have the ability to compel external consultants or service providers to participate in such investigations. Suspected misconduct on the part of such individuals would need to be addressed via external administrative or legal procedures.

Whereas the Policy on Committees of the Board of Directors assigns the role and responsibilities to Committee Chairs to ensure that their Committee fulfils its mandate as set out in the Institute By-Laws, other governance documents, and/or as determined by the Board; and

Whereas a Committee Chair should be allowed the autonomy to manage the Committee for the effective and efficient functioning of the Committee;

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

11. Additional Roles and Responsibilities of Committee Chairs:

• The Chair will determine if and when the PIPSC staff resource(s) assigned to the Committee actually attend(s) a Committee meeting and is responsible for communicating this to the resource(s) in a timely fashion.

Resolutions Sub-Committee Comments - This would be outside the normal practice of assigning duties to staff which would normally be done between Committee Chairs and the COO.

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

Whereas By-Law 12.4.2.1 (Sub-Group, Branch and Regional Executives) may recommend Steward appointments to the appropriate Group Executive which, in turn, may recommend the appointment to the President and By-Law 12.4.2.2 A (Group Executive) may recommend Steward appointments to the President; and

Whereas the Steward Policy (Steward Appeal Roster) states that:

“Decisions made under the authority of the President to not approve a steward’s application or renewal request shall be communicated in writing to the applicant and will be referred to a Stewardship Appeal Roster”.

Whereas the Steward Policy does not include a steward election or indicate the time period for the communication of the President’s decision or that details leading to the decision be communicated;

Therefore be it resolved that the affected Steward, Group executive, Consultation president, Regional Chair and in the case of an elected steward, the electorate in the area of jurisdiction and the Stewardship Appeal Roster all be informed in writing within 10 working days of the President’s decision. The steward shall be provided with the details related to the decision.

Section 12 (Steward Appeal Roster) be amended as follows:

Decisions made under the authority of the President to not approve a steward’s application appointment or renewal request shall be communicated in writing, including the details related to the decision, within 10 working days from the time the official decision was made, to the applicant, Group executive, Consultation President, Regional Chair and in the case of an elected steward, the electorate in the area of jurisdiction and will be referred to a Stewardship Appeal Roster which shall consist of a maximum of twelve (12) members selected from amongst Regular and Retired members and appointed for a term of three (3) years.

Resolutions Sub-Committee Comments – The proposed amendment is inconsistent with By-Law 7.1.3.1 and The Institute’s Privacy Policy, as it would require sharing of personal information about identifiable individuals with a broad audience.

Whereas PIPSC has spent a significant amount of time and money over the years to have governance reports/reviews produced by outside consultants and contractors;

Whereas the recommendations provided should necessarily inform any governance decisions.

Be it resolved that the complete governance reports/reviews produced by recent consultants and contractors be released to members.

Resolutions Sub-Committee Comments - Releasing of information would need to be in compliance with Institute BL 7.