Constitution & Bylaws Resolutions As Submitted

Resolution
CS 1
Change the maximum number of words for resolutions
Daniel Gallant, Local 60284, Charles-Olivier Jean, Local 10206, Simon Careau, Local 10022, Keith Lemoine, Local 10512, Joffrey Parent, Local 10727, Éric Drouin, Local 10209
Submitted in French
The Union of National Employees will adjust the maximum number of words allowed for drafting a resolution in French so that it is 20% greater than the number of words allowed for resolutions written in English.


Because expressing an idea in French typically requires more words than expressing the same idea in English;
Because a resolution written in French with the same number of words as a resolution written in English will likely lack clarity; and
Because this constraint makes it more difficult to draft a resolution in French and, consequently, discourages the drafting of resolutions in French.
CS 2
NEVP
Local 00221
Submitted in English
The Union of National Employees will abolish the full time paid NEVP position and create a volunteered nonpaid NEVP Position.


Because in comparison, the RVP position is not a paid position while requiring similar attributes; and
Because we also have paid staff that can collate the concerns of the members for presentation to the President.
CS 3
Executive Officers Under Trusteeship
Local X0119
Submitted in English
The Union of National Employees will request PSAC amend Regulation 18 of the PSAC Constitution to provide that, upon placing a sub-organization into trusteeship, the elected officers of that sub-organization shall be vacated for the duration of the trusteeship and the compensation attached to those offices shall cease for that period; that any affected officer shall return to their substantive position without prejudice; and that this administrative measure shall not constitute discipline, removal for cause, or the termination of any separate employment relationship.


Because trusteeship is an administrative measure intended to stabilize and restore the proper functioning of a sub-organization and is not disciplinary in nature;
Because during trusteeship, the Trustee assumes the powers and duties of the elected officers of the sub-organization; and
Because compensation paid to elected officers is incidental to holding office and not employment income arising from a contract of employment with the PSAC or the sub- organization;
CS 4
Structure
Local 00221
Submitted in English
The Union of National Employees will change its structure.


Because having paid staff in the regions is more effective and allows the RVP to focus on union work and political engagement and offloading grievances, complaints, and staffing issues to paid staff will allow the RVP to work more on engaging the membership;
Because gaps in the current servicing model have been deemed inefficient and in need of review as exemplified by the task force that was commissioned by the previous executive under Ed Cashman; and
Because other components like CEIU are able to service their members more effectively with paid staff/LROs within the regions rather than in Ottawa.

THIS RESOLUTION HAS BEEN RULED OUT OF ORDER.
CS 5
Human Rights
Local 00221
Submitted in English
The Union of National Employees will direct each equity group in the Human Rights Committee to select a project to work on with all locals nationally in order to fill a gap in systems in place to fulfill mandates.


Because having a clear direction will allow each equity group to focus on an issue important to their membership and to work with all locals and their elected Human Rights Representatives, and their HR representatives in each region;
Because We need to have actionable items to enable us to support and encourage UNE members and build solidarity amongst our national community.
Because this initiative will provide members the ability to focus on and master a specific issue or topic that the membership can galvanize around.
CS 6
Creation of Local Racialized Officer Positions
Harald Piton, Local 70408, Ouro-Tagba Larba, Local 70408, Wendy Dalorier, Local 70408, Hedwidge Boibel, Local 70408, Fleury Inuloumou, Local 70408, Gérald Louis, Local 70408
Submitted in English
The Union of National Employees will in all locals establish a Racialized Officer position, held by a member of a racialized group of persons of non-white, non-Indigenous heritage who face systemic barriers, with a mandate to identify patterns of discriminatory treatment, advise the Local Executive on human rights and equity grievances, and serve as the Local's designated expert on matters of racial equity in the workplace.


Because every member joined this union because they believe no worker should face their workplace alone, and yet some of our colleagues carry barriers to the door that the rest of us never have to think about, barriers that are invisible precisely because they are not ours to carry;
Because a union that lacks the dedicated expertise to see, name, and challenge the specific forms of discrimination experienced by racialized members is a union that cannot fully honour its own foundational promise of fair representation for all; and
Because Federal employment equity data, human rights tribunal decisions, and the lived testimony of racialized members within our own locals confirm that systemic racial barriers in the workplace are real, measurable, and persistent and that they will not resolve themselves without deliberate, structured union action.
CS 7
Executive Officers Under Trusteeship
Maxwell Gawlick, Local 20089, Katy Walsh, Local 20089, Marian So, Local 20089, Mohdeep Atwal, Local 20089, K Au, Local 20089, Sean McCaffrey, Local 20089
Submitted in English
The Union of National Employees will request PSAC amend Regulation 18 of the PSAC Constitution to provide that, upon placing a sub-organization into trusteeship, the elected offices of that sub-organization shall be vacated for the duration of the trusteeship and the compensation attached to those offices shall cease for that period; that any affected officer shall return to their substantive position without prejudice; and that this administrative measure shall not constitute discipline, removal for cause, or the termination of any separate employment relationship.


Because trusteeship is an administrative measure intended to stabilize and restore the proper functioning of a sub-organization and is not disciplinary in nature;
Because during trusteeship, the Trustee assumes the powers and duties of the elected officers of the sub-organization; and
Because compensation paid to elected officers is incidental to holding office and not employment income arising from a contract of employment with the PSAC or the sub-organization.
CS 8
Name and headquarters
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 1 as presented in Appendix A.


Because the legal status of the UNE as an unincorporated association is included because, recently, some officers incorrectly stated that it was a charitable entity.
CS 9
National executive duties and responsibilities
Deputy Trustees
Submitted in English
The Union of National Employees will amend the title of Bylaw 2 as presented in Appendix A.


Because the national executive is defined as the NP, the NVPs, and the RVPs. Bylaw 2, however, also deals with other regional officers and members of the human rights committee.
CS 10
Composition
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 2, Section 1 as presented in Appendix A.


Because of the high population of the three existing NCR Treasury Board regions (Gatineau, Ottawa, and Outside Canada), they are reorganized into four regions. All locals in Gatineau South and Gatineau are in Gatineau except for the Global Affairs local in Ottawa, which is put in Gatineau South because that region includes the Global Affairs local in Gatineau. Locals in Ottawa Centre and Ottawa North are in Ottawa, except for Local 70160 (Industry Science and Economic Development), which is Ottawa Centre to try to balance the size of the regions. It should be noted that since the last change to the UNE regions in the NCR, there are now fewer members on the Ottawa side than in Gatineau.
CS 11
Quorum
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw, Section 6 as presented in Appendix A.


Because the current language is ambiguous because it is unclear whether the majority of the national executive includes the national president. This proposal makes it clear that the total number of members required is a majority of the national executive and, in addition, the national president or designate.
CS 12
National Executive Function
Deputy Trustees
Submitted in English
The Union of National Employees will add Bylaw 2 new section 1 as proposed in Appendix A.


Because it explains the role of the national executive. Reflects the fact that the members of the national executive have collective and not just individual responsibilities. Those responsibilities include serving the membership, following the decisions of convention and the national executive, and ensuring that the national executive is functional. As well, the individual member is responsible to the national executive. Although the members work cooperatively with and support all other members of the national executive, they are not directly responsible to the national president; and
Because the duty of “following the decisions of the national executive and convention” is added here and are therefore deleted from the list of duties of each officer of the executive.
CS 13
Bylaw 2, Section 12
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 2, Section 12 as presented in Appendix A.


Because Bylaw 3, Section 17 provides that the national executive makes the final decision regarding jurisdictional disputes.
CS 14
National Executive Committees
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 2, Section 14 as presented in Appendix A.


Because This reflects the longstanding practice that the national president attends such committees to provide information and guidance but does not vote. The president still has the right to vote at national executive meetings on committee recommendations.
CS 15
National Executive Committees
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 2, Section 15 as amended in Appendix A.


Because the section better defines when members are no longer eligible to hold office. It would also apply to all regional officers and members of the human rights committee. Officers would be required to notify the national president that they will no longer be eligible to continue in office. Finally, the section defines when individuals no longer hold office rather than requiring them to resign.
CS 16
The National President
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 2, Section 16 as presented in Appendix A.


Because the requirement to live in the national capital region is removed in paragraph (b). This reflects the changing workplace where telework is more common. Requirements regarding the senior management team are removed as unnecessary since this is already the responsibility of the national president, to whom senior management report. The national executive, which always has the power to overturn presidential rulings, would now be better able to be aware of and assess those rulings in paragraph (i). This would also increase transparency of senior leadership. The national president names national executive committee members, but it is the national executive that establishes those committees. Finally, paragraph (g) is already covered by Section 14 of this Bylaw.
CS 17
The National Executive Vice-President
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 2, Section 17 as presented in Appendix A.


Because the requirement to live in the national capital region is removed. This reflects the changing workplace where teleworking is more common. It also removes one of the bars to becoming president for members who live outside the NCR. Requirements regarding the senior management team are removed as unnecessary since this is already the responsibility of the national president, to whom senior management report. Traditionally, the NEVP has co-chaired the conference. Therefore, this should be included in the responsibilities of the NEVP. The NEVP has traditionally chaired the Finance and Human Resources committee. Since the last convention, this committee was divided in two, so the addition of the Human Resources committee recognizes the change in committee structure. The language in (m) is clarified. The language in paragraph (d) is re-arranged because it had recently been misinterpreted as meaning that the national executive vice-president could not act in the absence of the national president unless the national president asked.
CS 18
The National Vice-President for Human Rights
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 2, Section 18 as per Appendix A.


Because references to “regional human rights representatives” is replaced by “other human rights committee members”, which recognizes the assistant vice-president and the five national human rights officers. Merges paragraphs (m) and (n) since they both deal with communications. The changes reflect the fact that this officer also plans and coordinates the human rights conference.
CS 19
The National Vice-President for Occupational Health and Safety
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 2, Section 19 as per Appendix A.


Because The UNE has long been a leader in the field of occupational health and safety has long been a priority for the UNE, and we are proud to represent employees at the Canadian Centre for Occupational Health and Safety. This position was only recently added to the national executive. The elimination of this position, however, does not diminish UNE’s focus on health and safety. However, this is a subject matter that can be dealt with by the full-time president and vice-president, just as they have a leadership responsibility for other important issues such as layoffs (also known as “workforce adjustment”), bargaining, and collective agreement enforcement. Alternatively, the national executive has the authority to assign the responsibility for health and safety to any member of the national executive.
It should be noted that neither PSAC nor any other components have a health and safety positions on its executive.
Note: Remove all references to this position elsewhere in the bylaws, including Sections 1, 2, and 31 of Bylaw 2.
CS 20
The Vice-President for Each Region
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 2, Section 20 as per Appendix A.


Because the first two new paragraphs emphasize the importance of keeping all our locals active. The language in paragraph (a) is made consistent with other national officers. Special provisions for regional seminars for the Outside Canada region are removed because they are no longer used and, because of past classification changes, UNE now has very few members who work outside of Canada. Also, it also reflects the tradition that RVPs attend their own regional seminars. Paragraph (d) is deleted
Because it’s quite rare for RVPs to represent the UNE at the NBoD or its committees, although RVPs could still be asked to perform those responsibilities. Paragraph (f) is amended to clarify that the RVPs, as with other officers of the national executive, are responsible to the national executive and not directly responsible to the national president as well.
CS 21
The Assistant Vice-President for Each Region
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 2, Section 21 as presented in Appendix A.


Because this recognizes the longstanding practice that the officer helps their RVP in planning the regional seminar and attends the seminar. Also, they do not lose their one annual attendance at the national executive meeting if they attend the national executive to replace their RVP. The first part of paragraph (h) is deleted because it is covered by paragraph (a).
CS 22
The assistant national vice-president for human rights
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 2, Section 22 as presented in Appendix A.


Because adds missing word in paragraph in paragraph (a). Adds the current practice of working on and attending the human rights conference and adds that the officer may participate on national executive committees.
CS 23
Human Rights Regional Representatives
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 2, Section 24 as presented in Appendix A.


Because this recognizes the longstanding practice that the officer helps the RVP in planning the regional seminar.
CS 24
Officers’ Responsibility and Employees
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 2, Section 26 as presented in Appendix A.


Because The bylaws govern UNE and its members, not staff.
CS 25
Eligibility
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 2, Section 37 as presented in Appendix A.


Because The vice-president human rights is a member and chair of the human rights committee.
CS 26
Residency of The National President and National Executive Vice-President
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 2 as presented in Appendix A.


Because this section would only be adopted if the national president or national vice-president are no longer required to live in the NCR. This language is similar to that in the USJE bylaws, which is perhaps the only other component that does not have specific residency requirements.
With respect to the budget, UNE already has a dedicated fund for moving these officers to and from their residence outside the NCR. This purpose of this fund could be expanded to pay for a residence in the NCR. This would ensure that the cost of either option is transparent to the membership.
CS 27
Training
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 2 as presented in Appendix A.


Because it is essential that the officers elected at convention receive a thorough training session that will provide the information to properly fulfill the duties and responsibilities of their office. Details regarding the nature of the training would be contained in UNE policies.
CS 28
Local’s Annual General Meetings
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 3, Section 14 as presented in Appendix A.


Because a budget must be approved at the AGM.
CS 29
Inactive Locals
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 3, Section 15 as presented in Appendix A.


Because paragraph (d) is removed (and moved to paragraph c) because Bylaw 3, Section 4 requires that a local must have no few than three named officer positions. Therefore, a local would be inactive even if there are one or two of the named officers. Also, descriptors are added to provide some information about the bylaws referred to in paragraph c. The last sentence that is added repeats the proposed responsibility of RVPs. (Normally, repetition is avoided in bylaws, but this reflects the focus on ensuring that locals are active locals.)
CS 30
Trusteeship
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 3, Section 16 as presented in Appendix A.


Because the last sentence emphasizes the proposed reporting requirement for RVPs.
CS 31
Resolving Jurisdictional Disputes
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 3, Section 17 as presented in Appendix A.


Because this clarifies that the national executive decision is final.
CS 32
Officer Turnover
Deputy Trustees
Submitted in English
The Union of National Employees will add Bylaw 3, new section as presented in Appendix A.


Because this new section is identical to Bylaw 2, Section 27. Although Bylaw 2, Section 27 does cover all UNE officers, Bylaw 2 deals with national, regional, and human rights officers. While technically it is not necessary to repeat this, this would clarify that this responsibility also applies to local officers.
CS 33
Life membership (UNE)
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 4, Section 8 as presented in Appendix A.


Because this will correct errors.
CS 34
UNE Audits
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 5, Section 1 as presented in Appendix A.


Because the signed copy of the audit, as with other important information available to the leaders and membership, will now be posted to our website. The changes also recognize that the audit has been submitted electronically to the PSAC.
CS 35
Local Contracting
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 5, Section 10 as presented in Appendix A.


Because this is an unnecessary word.
CS 36
Special National Conventions
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 6, Section 9 as presented in Appendix A.


Because a majority is more than 50%, not 51%. (For example, if 88 Locals are in favour and 87 are opposed, that is a majority, but it is less than 51%). Also, the section number is corrected.
CS 37
Convention Committees
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 6, Section 7 as presented in Appendix A.


Because this is an unnecessary word.
CS 38
Election of Delegates
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 6, Section 10 as presented in Appendix A.


Because the “one delegate per 100 members” formula was in effect until the 2011 convention. The return to this formula reduces the cost of convention and the current underrepresentation of larger locals. As well, by reducing the size of convention, we will have a better selection of locations because there many that cannot handle such a large number of convention attendees. The ratio of delegates per member of our convention is significantly higher than most other Components. In fact, the number of convention delegates approaches that of the PSAC. In the past, he argument for increasing the number of local delegates has been that it is more democratic and that it is a learning opportunity for local members. In this case, “more” is not necessarily “better”.
CS 39
Remuneration
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 6, Section 15 as presented in Appendix A.


Because corrects the policy number.
CS 40
Discipline
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 7 as presented in Appendix A.


Because explains that most of the rules governing discipline are set by PSAC and that this bylaw does not override the PSAC’s rules.
CS 41
Discipline by National Executive
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 7, Section 1 as presented in Appendix A.


Because the 90-day limitation is removed as it is shorter than PSAC allows. The references to the PSAC Constitution and regulations are removed as they now appear in the new proposed section 1 above.
CS 42
Discipline by Locals
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 7, Sections 2 and 3 as presented in Appendix A.


Because paragraph (b) better reflects a similar provision in PSAC’s provisions but that does not apply to components. Paragraph (c) is unnecessary as it is contained in the PSAC Constitution.
CS 43
Bylaw 8
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 8, Sections 1 as presented in Appendix A.


Because this ensures consistent language in the bylaws.
CS 44
Requirement for all UNE Officers
Deputy Trustees
Submitted in English
The Union of National Employees will amend Bylaw 8, Section 5 as presented in Appendix A.


Because this restores the original language passed at convention, which appears to have never been amended since then.
CS 45
Racialized Officer Automatic Bargaining Team Standing
Harald Piton, Local 70408, Ouro-Tagba Larba, Local 70408, Wendy Dalorier, Local 70408, Hedwidge Boibel, Local 70408, Fleury Inuloumou, Local 70408, Gérald Louis, Local 70408
Submitted in English
The Union of National Employees will ensure that the Racialized Officer established in each Local pursuant to the companion resolution on the Creation of a Local Racialized Officer Position shall hold automatic standing as a member of the Local's Negotiating Team, with a mandate to ensure collective agreement language on merit criteria, performance standards, and retention practices is transparent, objective, and free from structural racial bias.


Because the strongest collective agreements are built on the broadest table when the voices shaping our contract include those who experience the workplace most vulnerably; the protections we negotiate are more precise, more durable, and more meaningful for every member who relies on them;
Because merit, performance, and retention language that sounds neutral on the page can operate in deeply unequal ways at the desk, and only someone with the expertise and lived knowledge to see that gap can ensure our contract closes it before it harms a member.
Because bringing equity into the room at the bargaining stage costs nothing and prevents the far greater cost in member wellbeing, grievance resources, and union credibility of negotiating language that fails the members most vulnerable to its misapplication.

THIS RESOLUTION HAS BEEN RULED OUT OF ORDER.
CS 46
Executive Officers Under Trusteeship (Component)
Julia Salazar Fonseca, Local 20378, Chelsea Krahn, Local 20378, Bethany Dobson, Local 20378, Taran Hiatt, Local 20378,, Miraim Hayek, Local 20378, Ruhamah Buchanan, Local 20378
Submitted in English
The Union of National Employees will request PSAC amend Regulation 18 of the PSAC Constitution to provide that, upon placing a sub-organization into trusteeship, the elected offices of that sub-organization shall be vacated for the duration of the trusteeship and the compensation attached to those offices shall cease for that period; that any affected officer shall return to their substantive position without prejudice; and that this administrative measure shall not constitute discipline, removal for cause, or the termination of any separate employment relationship.


Because trusteeship is an administrative measure intended to stabilize and restore the proper functioning of a sub-organization and is not disciplinary in nature;
Because during trusteeship, the Trustee assumes the powers and duties of the elected officers of the sub-organization; and
Because compensation paid to elected officers is incidental to holding office and not employment income arising from a contract of employment with the PSAC or the sub-organization.