National Executive Meeting

December 2 – 6, 2007

Ottawa, ON

Opening Remarks

The National President welcomed members to the fall meeting of the National Executive. Alternate Deputy Vice-President Enza Ricci is replacing VP Bob Champoux in the NCR region who is absent for a family reason.

The harassment statement was read and EE Advisor Moore was named intervener.

The hours of sessions were set as follows:

Sunday, December 2 – Wednesday, December 5 - 8:30 to 11:30 / 1:00 to 4:00
Thursday, December 6 – 8:30 – to termination of business

The agenda was adopted.

Previous Business

Defence Construction Canada – National President MacLennan will be raising the issue at the upcoming UMCC. He reports that unfortunately he has only received concrete information from a handful of locals—all in Ontario. However, he is well-versed on what’s happening across the country. The DCC problem is insidious and if the infiltration doesn’t stop, members’ jobs will be done away with.

Purchase of Building – EVP Chamberlain distributed information on very limited options in the National Capital Region. It was felt that a true picture of the costs involved—taking into account taxes, moving costs, computer installation, etc.—must be prepared to make an informed decision as to whether we proceed further.

m/s/d Chamberlain and Molsberry

WHEREAS UNDE’s current lease with Metcalfe Realty expires in 2009;

WHEREAS research has shown that there is currently no suitable property available for purchase in the downtown core;

BE IT RESOLVED that the issue of purchasing a property for UNDE National Office be discontinued for this current mandate.

RV 2 - DEFEATED

The National Executive agreed that the scope of the research could be expanded to include properties with a value up to $3 million. A report is to be prepared and ready for discussion at the 2008 UNDE Convention.

Standing Items / Committee Reports

FR – VP Pike provided a written report (Annex 1) which touches on the DND/CF Firefighters Wellness Advisory Committee, the FR standard and early retirement.

RV 1 - CARRIED

EAP – VP Pike provided a written report (Annex 2). A new EAP champion will be appointed soon.

RV 3 - CARRIED

NBOD – National President MacLennan reported that there were two internal issues of note that the PSAC National Board of Directors were addressing: a review of the disciplinary process and a rewrite of Regulation 15 which would recognize the three different bargaining sectors (Treasury Board, Separate Employer and Private Sector).

VP Robinson expressed concern that members were not getting good and current information on collective bargaining with Treasury Board. Speakers assigned to address local meetings were not knowledgeable in the issues at all tables—sometimes even their own.

COMTRA – EVP Chamberlain provided a written report (Annex 3), addressing all the tasks that had been assigned to the committee. She added that, for the first time, at the local presidents conference later this week, a local president will himself deliver a presentation to the conference.

VP Kennedy asked if there were UNDE training courses available other than the modules, such as the Local Executive Training (LET) course. EVP Chamberlain reminded members that the modules replaced our former training program, which included the Grievance and Appeals Procedures (GAP) and the LET. There may have been other courses delivered in the recent past, but these were tailored to a particular audience.

It was agreed that a module to deal with classification grievances is needed. The COMTRA will review what is available and report back.

The membership survey was discussed briefly and will be dealt with separately later at this meeting. The COMTRA report was adopted as divided.

RV 4 - CARRIED

National Office

EVP Report – EVP Chamberlain presented her written report of activities (Annex 4), including USO and grievance reports. She also attached a database listing all members who have taken UNDE training in the past two years. The database was provided as a starting point for vice-presidents to update and maintain as they see fit in their respective regions.

The EVP report was adopted as presented.

RV 5 - CARRIED

Motion – Additional Staff

m/s Molsberry and Pike

WHEREAS representation of our membership is one of the cornerstones of a union;

WHEREAS members with PSST complaints at present are represented by member representatives;

WHEREAS the training for the representatives has not met the requirements to take on a quasi-judicial setting;

WHEREAS we as a union have railed on about how important getting ‘wins’ is, and setting jurisprudence in the PSST complaint process under the new legislation was a priority;

WHEREAS the employer has chosen to go with lawyers to represent the department in PSST complaints to ensure the jurisprudence is skewed in their favour;

WHEREAS the UNDE Convention gave direction to hire more staff as required, up to 2 new positions, therefore:

BE IT RESOLVED THAT UNDE hire a staff member to have as a primary duty to represent UNDE members including PSST complaints;

BE IT FURTHER RESOLVED THAT this staff member have significant legal background to take on the lawyers for the department;

BE IT FURTHER RESOLVED THAT this staffing process is started immediately following classification of the job description.

The motion was amended to add the following as the third BE IT RESOLVED:

amendment RV 10 – CARRIED

BE IT FURTHER RESOLVED THAT a job description and statement of qualifications be developed and/or obtained to clearly define the duties of the USO;

The amended motion will be discussed again further in this report before a decision is made.

Standing Items / Committee Reports

GLT - VP Molsberry provided a written report (Annex 5). The No Zones campaign is getting more visibility and will be revved up when the zones issue is actually on the bargaining table. More T-shirts have been ordered and will be available by year’s end.

In the MAM study, we need to focus on the next steps, such as ensuring the Red Seal standards are applicable to all positions.

The GLT report was accepted as presented.

RV 6 - CARRIED

Air Command – VP Molsberry provided a written report (Annex 6). He emphasized that locals have to raise issues locally, at their LMRCs, and include the discussion in the minutes or report in order that it be moved up to the 1 CAD level. Locals are not getting info to the National level because Wings have said they’ve been told by ADM-HR Civ to stop sharing contract info.

RV 7 - CARRIED

LFWA – VP Molsberry provided a written report (Annex 7). Again he stressed the need to discuss issues locally in order to get the items pushed up to the next level. However, he again reiterated that there is a marked lack of consultation with the union at CLS Level 1.

RV 8 - CARRIED

Regional Reports

Ontario – VP Nadeau provided a written report of activities (Annex 8). She reported that two SunLite Cleaners locals had ratified collective agreements, however, one—Petawawa—has voted down a second tentative agreement.

RV 9 - CARRIED

NL/NB – VP Graham provided a written report of activities (Annex 9).

RV 12 - CARRIED

PSP/Canex – VP Verreault gave a verbal on PSP/Canex activities. He mentioned that in PSP negotiations, he is developing national demands which he will share with his UFCW counterpart in an effort to present a common front to the employer. Privatization seems to have slowed down for now, thanks in part to some publicity generated by the National President. Bargaining starts up again in January for some units.

MB/SK – VP Molsberry provided a written report of activities in the Manitoba and Saskatchewan region (Annex 10). He reported that private sector Local 807 now had two employers—Aramark and Sodexho—therefore, two bargaining units. The seven Aramark employees will be earning less than minimum wage by 2009 if the offer of 2% is accepted.

RV 19 - CARRIED

AB/North – VP Kennedy provided a verbal report on activities in Alberta and the North. She reported that a chief shop steward course held in Calgary as a joint training session with the BC region, was a resounding success. She also reported that there was a larger turnover of executive officers at AGMs this year.

New Business

Triennial Convention – The draft Convention Call for UNDE’s triennial convention was distributed. The final version will be issued in January 2008. It will be made clear that eligibility for delegate status will be determined in accordance with UNDE’s National Bylaws.

VP Molsberry asked about funding assistance for smaller locals to send an observer to the UNDE triennial convention. The National President stated that there was nothing in the bylaws to allow for that.

VP Molsberry challenged the chair on his interpretation of the bylaws and the chair was sustained. VPs Molsberry, Pike and Graham wished to be recorded as against the chair’s decision.

PSAC Regional Conventions – As in the past, UNDE has already set aside funding to ensure a full delegation attends each regional PSAC convention.

Standing Items / Committee Reports

Employment Equity – EE Advisor Moore distributed the EE report (Annex 11). She reported on a successful EE coordinators workshop held in September in Ottawa. The coordinators developed Terms of Reference and a contest to develop a new logo was held over the last two months. The winner, Ida Worsnop, will be sent a UNDE jacket, and the other entrants will be sent a small gift in appreciation of their participation.

RV 11 - CARRIED

An initial review of the Terms of Reference was carried out by the National Executive. However, adoption is postponed to a later time at this meeting so that corrections can been made to the text.

Honours and Awards – VP Smeaton announced the winners of the four $2,000 scholarships:

Gary Smith Memorial Scholarships:

Scott Crisp, son of Local 1009 member Mark Crisp
Krista Isberg, daughter of Local 1018 member Gregory Isberg

Ken Green Memorial Scholarships:

Devon Brownhill, son of Local 406 member Basil Brownhill
Katelynn Nichols, daughter of Local 705 member Sandra Nichols

VP Smeaton mentioned that one applicant’s essay, Lauren David, on labour unions was quite good and he will be sending her a small gift in appreciation. Permission will also be sought to publish her essay on our website.

The committee also received a nomination for lifetime membership for Tom Matthias of Local 607 in the NCR. The National Executive voted to award Tom a lifetime membership in the union.

Discussion ensued on the criteria for life and honourary membership. A review of the bylaws and regulations will be carried out.

COMTRA – The membership survey was discussed again.

m/s Chamberlain and Turcq

WHEREAS UNDE COMTRA committee has been mandated to prepare a membership survey to determine the members’ needs and concerns;

WHEREAS UNDE would benefit from maximum participation of the members;

WHEREAS some members of the UNDE National Executive have identified the value in properly compiling returns and results;

BE IT RESOLVED THAT UNDE contract to Vector Research, or a similar firm, to have a survey conducted. Costs not to exceed $50,000.

amendment RV 17 – CARRIED

BE IT FURTHER RESOLVED THAT the survey and report be finalized prior to the 2008 UNDE triennial convention.

The motion as amended was then put to a vote.

RV 18 - CARRIED

National Office

Motion – Additional Staff

The following paragraphs were voted on individually:

BE IT RESOLVED THAT UNDE hire a staff member to have as a primary duty to represent UNDE members including PSST complaints;

RV 13 - CARRIED

BE IT FURTHER RESOLVED THAT this staff member have significant legal background to take on the lawyers for the department;

RV 14 - CARRIED

BE IT FURTHER RESOLVED THAT a job description and statement of qualifications be developed or obtained to clearly define the duties of the USO.

RV 15 - CARRIED

BE IT FURTHER RESOLVED THAT this staffing process be started immediately following classification of the job description.

RV 16 – CARRIED

Standing Items / Committee Reports

Finance – VP Pike distributed the committee’s financial report (Annex 12) as well as the financial statements for the period ending July 31, 2007. UNDE comptroller, Brian Loshuk, called attention to a couple of items that need National Executive attention. VPs were asked to remind their locals that the audits as approved at their general membership meetings need to be sent to National Office as soon as possible. If locals approve a local dues increase, the National Office must also receive a copy of the minutes where the increase was approved.

There was also some discussion about electronic funds transfer for rebate cheques. VPs will ask their locals for their thoughts on this.

The finance report was accepted as presented.

RV 20 – CARRIED

UMCC Update – The National President provided an overview of discussions held at the national union-management consultation committee meeting. He brought forward the points raised by national officers concerning Defence Construction Canada. The Deputy Minister inferred that DCC would continue to grow for now to meet immediate military needs, but that it would be short term. The Deputy Minister also categorically stated that there was no SWE cap. VP Molsberry has been repeatedly informed by regional and local managers that there is a SWE cap. He will endeavour to get something in writing to provide to the national level.

New Business

CFB Shilo Ambulance Service – VP Molsberry asked that the National President raise the issue of FRs being adequately compensated, or at the very least recognized, for the ambulance service they provide. The National President will write a letter to PSAC President John Gordon asking that the bargaining demand not be dropped from the collective bargaining table.

Essential Services – EVP Chamberlain reported that there are now 12 complaints filed by the Public Service Alliance of Canada with the Public Service Staff Relations Board.

At this level, we have not received all local files, but the process is stalled in any case. Treasury Board is not giving direction, nor taking a stand. Negotiations are taking place, albeit very slowly. The only area signed off is CFHA.

HS-HDO vs GS-BUS cleaners – VP Molsberry questioned the numbers of reclassifications from 1994 to present. GS-BUS 2 is the lowest classification in the Department and it is quickly disappearing. It is hoped that a classification grievance in a medical centre, and another pending classification review in a dental centre, may provide some jurisprudence.

VP Kennedy said that she’s been told the GS Committee has met its mandate and is virtually stood down. The committee members have been trained to facilitate the business case preparation training at the local level, but no request has been made for the training.

Return to Work – VP Molsberry stated that RTW in his region is broken--it is not working. There are no funds to staff positions, nor are there funds to backfill positions due to a VCDS SWE cap freeze. Work is either not getting done or is heaped onto other employees’ duties. An aging workforce is exacerbating the problem. Also, getting the proper equipment and/or tools under the Duty to Accommodate policy is difficult.

VP Robinson said the RTW in his area is working, but that’s probably due to a larger workforce which creates more opportunity.

According to ADVP Ricci, DSafeG is supposed to cover payment of all special equipment under Duty to Accommodate. Members in the regions should insist on whatever equipment they need under this policy since funding is national.

Employment Equity – EE Advisor Moore distributed the revised Terms of Reference for Employment Equity/Human Rights Advisors.

RV 21 - CARRIED

Health and Safety Conference – VP Molsberry inquired as to the way ahead following the very successful UNDE health and safety conference held last year. It is hoped by all that at least one such conference will be held once per mandate in the coming years. A follow up survey of the 2007 participants will be disseminated in January 2008.

On the subject of health and safety, it was also requested that VP Champoux, in his capacity as health and safety OPI, try to get a sensitivity policy in place in the Department. EVP Chamberlain will provide the National Executive with the Department’s communications plan on environmental sensitivities.

Classification in DND – VP Molsberry requested a copy of the Ontario classification audit. It would be useful in pursuing an audit in other regions. EVP Chamberlain will provide the National Executive with Ontario’s audit, with proper editing where necessary to ensure privacy. The Red Seal standards have already been developed and are available on the HRDC website.

Collective Bargaining Update – VP Molsberry provided an update on the status of collective bargaining from the membership’s point of view. Members are uninformed and feel the process is taking way too long. There seems to be mixed messages coming from the members at the table and headquarters.

Standing Items / Committee Reports

Bylaws – VP Graham presented a number of recommendations for changes to the national UNDE Bylaws (Annex 13).

The report, with certain extractions (below), was accepted.

RV 22 – CARRIED

A number of recommendations were extracted to be dealt with separately:

Bylaw 8, Article 3 (c)

RV 23 - CARRIED

Bylaw 8, Article 3 (e)

RV 24 – CARRIED

Bylaw 8, Article 4

RV 25 – CARRIED

Bylaw 10, Article 5 (d)

RV 26 – CARRIED

Bylaw 12, Article 11

RV 27 - CARRIED

Motion – Discipline

m/s MacLennan and Graham

WHEREAS the PSAC Constitution and UNDE Bylaws recognizes a member’s right to file disciplinary charges alleging violation of the PSAC Constitution Section 25 Sub Section (5) and UNDE Bylaw 13 Article 4;

WHEREAS allegations can be frivolous, malicious or vexatious in nature;

WHEREAS ‘member against member’ investigations are an expensive undertaking of members’ dues, time-consuming for investigation committees and can be damaging to the Union as a whole when unfounded;

THEREFORE, BE IT RESOLVED THAT UNDE Regulations be amended to reflect:

Local or National Officers in receipt of disciplinary charges shall make an initial review of a complaint (s) to determine whether there is enough prima facie evidence to proceed

BE IT FURTHER RESOLVED THAT the determination shall be made within seven (7) days of receipt of the complaint;

BE IT FURTHER RESOLVED THAT if the complainant (s) is not satisfied with the determination, the decision may be appealed to the National Executive within thirty (30) days.

RV 28 - CARRIED

Adjournment.