Convention 2023 Constitution Committee – Section H

Convention 2023 Constitution Committee – Section H

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Terms of Reference:

In accordance with Article 13.9.3, the Executive Committee of the Union has provided the following specific guidelines for the operations of the Constitution Committee:

This Committee shall:

(1)      Meet before the opening of the Convention to consider all amendments duly submitted in accordance with Article 13.8 of the Constitution.

(2)      Omit from the convention manual those amendments that are submitted contrary to Article 13.8, namely late amendments and those submitted without the required accompaniment of signed minutes of the meeting at which they were adopted.  Such minutes must contain evidence that a quorum was present and that each amendment was presented and voted upon separately.

(3)      Have the authority to combine identical or similar constitutional amendments, and those having the same general intent or those relating to the same subject, and to present composite, substitute or amended constitutional amendments to the Convention.

(4)      In moving adoption of constitutional amendments, make recommendations for or against adoption, or for referral, or make no recommendations.

(5)      Have the authority to give reasons for its recommendations, either orally or in the form of introductory (“Whereas”) clauses, which may not have been included in the original submission.

(6)      At its first appearance (report) before the Convention, present a timetable and list of priorities for all constitutional amendments.

(7)      Deal promptly and in accordance with the sense of the Convention with all referrals “with instruction” back to the Committee and treat such referrals as a matter of priority.

                                                  

The Committee shall also have the authority to interpret and translate a generally-stated amendment into precise constitutional amendments and to introduce related changes required by a given amendment.

The Constitution Committee is empowered to call any member of the Executive Board before it to provide whatever information s/he may have that is relevant to a particular constitutional amendment.  The Committee should also endeavour to clarify constitutional amendments, if necessary, by asking representatives of the body submitting the amendments to come before the Committee and explain the intent.  It is to be noted that such meetings are for clarification purposes only, not debate or argument.

In its function of combining, clarifying, ordering, moving and explaining proposed amendments the Committee should bear in mind at all times that its purpose is to expedite the orderly transaction of the Convention’s business and that, as a Committee of delegates, it is answerable to and the servant of the Convention.  As such, the Committee must take care to be guided by the wishes of the Convention. To expedite the printing of a revised Constitution, the Committee is directed to prepare a report for the President showing the disposition of all amendments dealt with by the Convention.  This report should be in the hands of the President within 30 days of the adjournment of the Convention.

2023 Constitution Committee

Chad Croteau                             Region 1

Dave Wakely (Chair)                  Region 2

Mike Hamilton                            Region 3

Janet Heyman (Vice Chair)        Region 4

Jonathan Singer                        Region 5

Arlene Proulx                             Region 6

Stacy Grieve                               Region 7

 

Ken Steinbrunner                      EBM, Region 6

 

Pat Honsberger                          Staff Advisor

Hasnain Abid                             Secretary                         

 

 

H1

Article 13 – Conventions

Article 14 – Election and Removal of Executive Board

Article 15 – Vacancies

Article 19 – Provincial Committees

(Submitted by Local 205, Local 223, Local 228, Local 277, Local 446, Local 447, Local 449, Local 533, Local 546, Local 579, Local 672, Kingston Area Council, Nipissing Area Council, Ottawa Area Council, Thunder Bay and District Area Council, Provincial Human Rights Committee, Provincial Women’s Committee, and Provincial Young Workers Committee)

Whereas OPSEU/SEFPO is affiliated with Canadian Labour Congress and National Union of Public and General Employees who operate on 3-year terms, and

Whereas union business is minimized during an election year, and

Whereas a 3-year term allows for continuity of supports and services for members at a reduced cost.

Therefore, be it resolved that, OPSEU/SEFPO adopts a 3-year operational term commencing in 2024.

 

H2

Article 13 – Conventions

(Submitted by Local 205, Local 223, Local 228, Local 446, Local 447, Local 527, Local 546, Local 553, Local 557, Local 579, Local 5107, Local 672, and Ottawa Area Council)

Whereas nonmembers are defined by OPSEU/SEFPO as members who have not signed a Union membership card,

Whereas these members are paying dues to OPSEU/SEFPO and are present in the workplaces that Locals represent,

Whereas the Local continues to communicate with all the members in the Local and are required to represent these members, ensure they are contacted for strike and ratification votes,

Whereas the Local is penalized in the delegate calculation by OPSEU/SEFPO for individuals who decide not to sign up with the Union,

Whereas the Local may not have the resources, including time off, necessary to contact non-members,

Whereas locating members has been more difficult with the implementation of hybrid work models,

Whereas Article 13.3 of the OPSEU/SEFPO Constitution states – For purposes of calculating delegate entitlement, only Members in good standing shall be counted. Honorary Members and employees pay dues, but not having joined the Union, shall not be counted. All calculations shall be based on membership records at Union Headquarters as of the last day of the month prior to the issuance of the Convention call. However, if a discrepancy arises between Headquarters and Local records which would affect the delegate entitlement of a Local, upon providing sufficient proof a Local shall be entitled to any extra delegate to which its Local records entitle it.

Therefore, be it resolved that, Article 13.3 of OPSEU/SEFPO Constitution first and second sentence be replaced with:

13.3 For purposes of calculating delegate entitlement, all members paying dues in a Local shall be counted. Honorary members shall not be counted.

 

H3

Article 13 – Conventions

(Submitted by Local 277, Local 416, Local 446, Local 449, Local 672 and Kingston Area Council)

Whereas some Locals have large numbers of precarious workers which can result in losing many elected delegates and alternates between an election and Convention or a Regional or Divisional Meeting; and

Therefore, be it resolved that, the Constitution be amended to allow Locals to elect as many alternates to Convention, Regional and Divisional meetings as they need, but only to bring a number of alternates equal to their number of delegates to the actual meeting.

 

H4

Article 13 – Conventions

(Submitted by the Executive Board)

Whereas solidarity is a fundamental principle of trade unionism; and

Whereas the OPSEU/SEFPO Convention provides a valuable opportunity for Local attendees to build solidarity and team collaboration when they sit together; and

Whereas the division of the convention floor between delegates, alternates, and observers as stated in Article 13.5.2 of the OPSEU/SEFPO constitution is no longer required due to electronic voting being available to delegates only;

Therefore, be it resolved that, the Executive Board endorses Constitutional amendments as necessary to permit alternates and observers to be seated with delegates on the floor of Convention, and refers an amendment to Convention to effect this change.

 

H5

Article 21 – Divisions

(Submitted by Local 302)

Whereas the Sector 1 Ambulance Division currently consists of Broader Public Service ambulance communications officers, paramedics, and Ontario Public Service Ambulance Communications Officers; and

Whereas Ontario Public Service ambulance communications officers have been members of the OPSEU/SEFPO Ambulance Division for decades; and

Whereas following the last Broader Public Service Conference, a complaint was filed with Office of the then OPSEU/SEFPO President, questioning the voting eligibility of the Ontario Public Service ambulance communications officers present at the Sector 1 Ambulance Divisional meeting; and

Whereas that complaint resulted in the then OPSEU/SEFPO President upholding the election results and offering the following directions:

“1. The Bylaws are to be amended to be consistent with the OPSEU Constitution and in particular Article 21.2.1.

  1. The OPS CACCs should be removed from the By-Laws and the Division. The Division should debate how they wish to amend their Bylaws to remain inclusive of any BPS dispatchers currently covered by the Division.” and;

Whereas the then OPSEU/SEFPO President was asked to interpret Constitution Article 21.2.1 in accordance with Constitution Articles 18.1.3 and 18.1.3.1 but the then resident did not offer that interpretation; and

Whereas at very least, there is a need to clarify Constitution Article 21.2.1 to determine permissibility as it pertains to Ontario Public Service ambulance communications officers remaining members of the Sector 1 Ambulance Division.

Therefore, be it resolved that, Constitution Article 21.2.1 is amended as follows:

21.2.1 For purposes of Article 21.2, “ministry and sector divisions” shall mean the ministries within the Ontario Public Service, the CAAT Academic Division, the CAAT

Support Division, the Hospital Health Care Professionals Division, and each of the other

Broader Public Service (BPS) sectors. A Member may belong simultaneously to both a

Ministry or Sector Division and an Occupational Division, but not to more than one Ministry or Sector Division.

Unless employed and represented by OPSEU/SEFPO in more than one Ministry, a member may not belong to more than one Ministry. Likewise, unless employed and represented by OPSEU/SEFPO in more than one Sector Division, a member may not belong to more than one Sector Division. Independent of the number of OPSEU/SEFPO represented employments held by a member, they may belong simultaneously to a Ministry, a Sector Division, and an Occupational Division.

 

H6

Article 13 – Conventions

(Submitted by Local 416)

Whereas in Composite Locals, delegates to Regional and Convention meetings are drawn at large from the membership without regard to Unit; and

Whereas this could result in an entire unit of members not represented at Convention;

Therefore, be it resolved that, that the Constitution be amended to allow Locals to establish voting procedures to encourage electing at least one delegate from each Unit where numbers of delegates allow.

 

H7

Article 13 – Conventions

(Submitted by Local 568 and Greater Toronto Area Council)

Whereas thousands of retired OPSEU/SEFPO’s members and activists continue to support and participate in the work of our union, the broader labour movement, and our community allies to advance the collective interests of all OPSEU/SEFPO members, working people and our communities; and

Whereas Retired Members continue to have a material interest in – and are directly affected by–political action campaigns, policy decisions and collective bargaining by OPSEU/SEFPO on issues on a wide range of issues including:

  • Protecting and expanding public health care, pharmacare, quality social services, and affordable housing
  • Building the fight for decent work, good jobs, fair wages and benefits, safe workplaces, and climate justice for all workers
  • Protecting and expanding the Canada Pension Plan, Old Age Security, and the guaranteed Income Supplement
  • Ensuring sound governance of our jointly sponsored pension plans, and protecting and enhancing members’ earned pension benefits, post-retirement ensured benefits, and OPSEU’s member discount programs; and

Whereas Retired Members represent a powerful and largely untapped resource that can be engaged and mobilized to support OPSEU/SEFPO members and our labour allies during bargaining campaigns, strikes and lockouts, and political action campaigns; and

Whereas at OPSEU/SEFPO’s convention, of approximately 1,000 voting delegates, Retired Members are represented only by the seven (7) members of the Retired Members Division’s Executive Committee (the Division’s seven regional chairs); and

Whereas increasing Retired Members’ representation at convention will: i) increase awareness of Retired Members’ issues and perspectives among OPSEU/SEFPO’s leaders and membership, and ii) help engage a broader layer of Retired Members in supporting OPSEU/SEFPO’s active members, our work and our strategic objectives;

Therefore, be it resolved that, the Article 13.8 of the OPSEU/SEFPO Constitution be amended to add a provision that one (1) additional voting delegate will be elected from among the retired members in each of OPSEU/SEFPO’s seven (7) regions at a duly constituted meeting of the retired members in their respective regions to be held annually within 12 months prior to each convention. *

*NOTE: For clarity, under this amendment, the total increase in voting delegates representing Retired Members will be seven (7): 1 additional delegate x 7 regions = 7 additional delegates.

 

H8

Article 7 – Membership Rights

(Submitted by Orillia Area Council)

Whereas the First Vice-President/Treasurer, in consultation with the Executive Committee, shall cause to be prepared an annual budget for the Union (Article 16.13.1),

Whereas the Executive Board shall examine the contents of the budget and may direct the First Vice-President/Treasurer to make alterations in its contents, following which the Board shall adopt the budget (Article 16.13.2),

Whereas every member has the right to attend any meeting of the Board, notwithstanding that they may not have a vote at such meeting, except that the Board may meet in closed session for purposes of discussing individual or staff contracts of employment (Article 7.1 g),

Whereas OPSEU/SEFPO is a member driven union,

Whereas OPSEU/SEFPO is engaged in an organizational transformation process to move from a servicing model to an organizing model,

Whereas members have not been given the opportunity to attend Board meetings where the budget is to be discussed,

Therefore, be it resolved that, Article 7.1 g) be amended as follows,

7.1 g) To attend all meetings of the Board, including budget meetings, notwithstanding that they may not have a vote at such meeting, except that the Board may meet in closed session for purposes of discussing individual or staff contracts of employment.

 

H9

Article 6 – Membership

(Submitted by Kingston Area Council, Nippissing area Council, Orillia area Council, Thunder Bay and District Area Council, Provincial Human rights Committee, Provincial Women’s Committee, and Provincial Young Workers Committee)

Whereas OPSEU/SEFPO is a member-driven union,

Whereas OPSEU/SEFPO has a responsibility to represent all employment classes of their membership,

Whereas precarious workers are often subjected to the conservatory and risk-averse business practice of being given an “indefinite lay-off”,

Whereas Article 6.4 of the OPSEU/SEFPO Constitution actively discriminates against precarious workers who are subjected to indefinite lay-off,

Whereas these precariously employed members should have a say in the bargaining demands, procedures, and related business of their Union while in a period of “indefinite lay-off”.

Therefore, be it resolved that, OPSEU/SEFPO amend Constitution Article 6.4 to the following:

“Notwithstanding the provisions of any other article of this Constitution, a Member subject to regular seasonal, short-term lay-offs, and/or indefinite lay-off may remain in good standing for up to one year while laid off without payment of dues, but a Member subject to permanent layoff shall not be eligible for continuing membership for any period of the lay-off”.

 

H10

Article 29 – Bylaws for Local Unions

(Submitted by Local 277)

Whereas the current term for Local Executive members is two years,

Whereas LEC is undergoing change rarely see a full bargaining cycle

Whereas the current two-year term does not permit the LEC to maximize the bargaining cycle

Whereas Article 29.3 limits terms to 2 years.

Therefore, be it resolved that, OPSEU/SEFPO Constitution Article 29.3 be amended to replace 2-year terms with 3-year terms.

 

H11-A

Article 11 – Structure

(Submitted by Local 205, Local 223, Local 228, Local 447, Local 546, Local 553, and Local 579)

Whereas the OPSEU/SEFPO Constitution divides the membership into 7 different regions,

Whereas the Union membership has significantly grown in all the Regions but particularly in the Toronto and Peel Region area that is currently represented as Region 5 within OPSEU/SEFPO,

Whereas Region 5 boundaries are Lake Ontario to the south, Steeles Ave to the North, Hurontario Street Mississauga to the west and the Toronto boundary to the east,

Whereas it is important that our Union reflect sound democratic principles and represent the members in regions in fair and equitable manners,

Whereas Region 5 is currently represented by three Executive Board members and serves nearly 60,000 members from diverse communities,

Whereas Article 11.1.3 states – 11.1.3 Locals shall be grouped into seven Regions and each Region shall elect three persons to the Executive Board. The Board shall be the supreme authority in the Union when Conventions are not in session except where this Constitution requires decisions by referendum of, or ratification by, the general membership, and shall be comprised of Officers and Members.

Whereas dividing Region 5 into two Regions will help to address a systemic diversity and inclusion barriers for representation in the Greater Toronto Area and opportunity for leadership within our Union

Whereas dividing Region 2 into two Regions will help to address a systemic diversity and inclusion barriers for representation to the west of Toronto and provide an opportunity for leadership within our Union,

Therefore, be it resolved that, Article 11.1.3 be amended to have 9 regions effective at the 2024 Regional meetings and that any other constitutional article be amended to reflect 9 regions and 27 Executive Board members,

 

H11-B

Article 11 – Structure

(Submitted by Local 277)

Whereas the OPSEU/SEFPO Constitution divides the membership into 7 different regions,

Whereas the Union membership has significantly grown in all the Regions but particularly in the area currently represented as Region 2 within OPSEU/SEFPO,

Whereas Region 2 boundaries are Lake Ontario to the south, Steeles Ave to the North, Hurontario Street Mississauga to the west and the Toronto boundary to the east,

Whereas it is important that our Union reflect sound democratic principles and represent the members in Regions in fair and equitable manners,

Whereas Region 5 is currently represented by three Executive Board members and serves over 50,000 members from diverse communities,

Whereas Article 11.1.3 states – 11.1.3 Locals shall be grouped into seven Regions and each Region shall elect three persons to the Executive Board. The Board shall be the supreme authority in the Union when Conventions are not in session except where this Constitution requires decisions by referendum of, or ratification by, the general membership, and shall be comprised of Officers and Members.

Whereas dividing Region 2 into two Regions will help to address a systemic diversity and inclusion barriers for representation to the west of Toronto and provide an opportunity for leadership within our Union,

Therefore, be it resolved that, Region 2 be divided into two regions,

And further that, Article 11.1.3 be amended to have 8 regions effective at the 2024 Regional meetings and that any other constitutional article be amended to reflect 8 regions and 24 Executive Board members,

And further that, The Regions will be called Region 2 and Region 8,

And further that, The new region elect 3 new Executive Board members at the 2024 Regional meeting.

And further that, The Region 2 Executive Board members, in consultation with Region 2 Local Presidents determine what Locals will belong in Region 2 or Region 8.

 

H12

Article 16 – Executive Board

(Submitted by the Executive Board)

Therefore, be it resolved that, the Executive Board approves the creation of equity positions on the Executive Board, as set out in the proposal of the ad hoc Committee; and

Be it further resolved that, the Executive Board endorses the proposed amendments to the OPSEU/SEFPO Constitution, as necessary to create equity positions on the Executive Board, and refers the amendments for approval by Convention 2023; and

Be it further resolved that, the Executive Board approves the Terms of Reference of the Board Equity Committee, which will come into force upon the approval by Convention 2023 of the proposed amendments to the OPSEU/SEFPO Constitution.

 

Board Equity Committee – Terms of Reference

Article 1 Scope and Application

1.1 These terms of reference provide the policy and procedure for the selection,

recommendation, and appointment of members to the positions of Equity Board

Member and Equity Vice-President on the OPSEU/SEFPO Executive Board, and

alternates.

1.2 These terms will have no application until such time as the OPSEU/SEFPO

Constitution is amended by Convention to establish these Equity positions on the

Executive Board.

 

Article 2 Appointment of the Board Equity Committee

2.1 No later than November 30 of the year preceding an election year, each of the

seven Article 19 Provincial Committees will select a representative to the Board Equity Committee, or “BEC”. Selections may be done by vote of each Provincial Committee, or by other process as permitted under the Provincial Committee’s terms of reference.

2.2 In December of the year preceding an election year, the Executive Committee

will appoint the seven members selected by the Provincial Committees to the BEC. The Executive Board will appoint one member of the Executive Board to the BEC, who shall have voice but no vote.

2.3 The President of OPSEU/SEFPO will be an ex-officio member of the BEC with voice but no vote.

2.4 The President of OPSEU/SEFPO will assign staff as necessary to support the BEC.

2.5 The BEC will exercise its functions from the time it is formed until the close of the Convention that immediately follows.

 

Article 3 Responsibilities of the Board Equity Committee

3.1 In accordance with the OPSEU/SEFPO Constitution, the BEC is responsible for coordinating the selection and recommendation of members for the following Equity positions on the Executive Board: seven Equity Board Members; seven Alternate Equity Board Members; one Equity Vice-President; and one Alternate Equity Vice-President.

3.2 The BEC will also be responsible for developing any amendments to these terms of reference, subject to approval by the Executive Board.

3.3 In fulfilling its role, the BEC will oversee the steps of the selection process, such as:

  1. Developing the call-out to OPSEU/SEFPO members;
  2. Setting the deadlines and requirements for submission of Participation Forms and Nomination Forms;
  3. Developing and recommending procedures for the exchange of information between Candidates and Participants;
  4. Confirming an external provider to conduct a secure and confidential online polling process, and providing oversight and support to that process;
  5. Receiving and reviewing the results;
  6. Providing recommendations to the President of OPSEU/SEFPO for appointments for Equity positions on the Executive Board.

 

Article 4 Call-out

4.1 In January of an election year, OPSEU/SEFPO will send and post online a callout to invite members to participate in the process to select members for the following Equity positions on the Executive Board:

  1. e) Seven Equity Board Members who are members of the equity-deserving groups represented by each of the following Provincial Committees and caucus:

8) The Provincial Women’s Committee;

9) The Provincial Young Worker’s Committee;

10) The Provincial Francophone Committee;

11) The Indigenous Circle;

12) The Rainbow Alliance arc-en-ciel Committee

13) The Coalition of Racialized Workers Committee

14) The Disability Rights Caucus

  1. f) Seven Alternate Equity Board Members, one for each of the seven Equity Board Member positions above.
  2. g) One Equity Vice-President, selected from among the seven Equity Board Members;
  3. h) One Alternate Equity Vice-President, selected from among the seven Equity Board Members;

 

Article 5 Member Participation

5.1 Any OPSEU/SEFPO member in good standing who self-identifies as a member of one or more of the seven equity-deserving groups is eligible to participate in the process to select members for Equity positions on the Executive Board. Any member who has not signed an OPSEU/SEFPO membership card, or is otherwise not a member in good standing, is not eligible to participate.

5.2 In order to be eligible to participate in the selection process, a member must submit a completed Participation Form to self-identify with the equity-deserving group(s) with which they will participate, and to provide contact and other information. Neither the BEC nor OPSEU/SEFPO will verify or question a member’s self-identification.

5.3 The BEC will verify that members are eligible and will confirm those who will act as “Participants” in the selection process. The number of eligible members who are confirmed as Participants will be limited to 150 for each equity-deserving group according to the order in which Participation Forms are received. Priority will be given to members who self-identify as racialized or indigenous. Notwithstanding this limit, members who are confirmed as Participants for one equity-deserving group will participate with any other groups with which they self-identify.

5.4 Any OPSEU/SEFPO member in good standing who self-identifies as a member of one or more of the seven equity deserving groups may apply to be considered for an Equity position on the Executive Board, regardless of whether they are a Participant in the selection process or a member of the BEC. Neither the BEC nor OPSEU/SEFPO will verify or question a member’s self-identification.

5.5 In order to be considered for an Equity position on the Executive Board, a member must submit a completed Nomination Form to self-identify with the equity deserving group for which they will be considered, and to provide contact and other information. Completed nomination forms must be signed by at least one OPSEU/SEFPO member in good standing who self-identifies as a member of the same equity deserving group as the member who wishes to be considered.

5.6 The BEC will review Nomination Forms that are submitted and will confirm the members who will be “Candidates” for Equity positions on the Executive Board

5.7 Members may participate in the selection processes with any equity-deserving group with which they self-identify. However, members may apply as candidates with only one equity-deserving group at a time, even if they self-identify, and are Participants in the selection process, with more than one group.

 

6 Campaign

6.1 OPSEU/SEFPO will provide the members who are Participants in the selection process with information provided by the Candidates. The BEC will have a consulting role in this process, which will encourage a full and informed exchange of information and ideas. The process may include, for example: online posting of campaign materials, an online or mediated Q and A process for member questions; and an online webinar or forum for discussion or presentation of speeches.

 

7 Selection and Polling

7.1 The BEC will review available options and then coordinate services with an external provider to schedule a secure, confidential voting process. The intent of this process will be to poll Participants of each equity-deserving group to determine the preferred Candidate for the position of Equity Board Member and Alternate Equity Board Member for that group.

7.2 Voting of participating members will be conducted by plurality within each equity deserving group. Aggregate results will be reported by the external provider to the BEC. Individual votes will not be disclosed to the BEC or to OPSEU/SEFPO.

7.3 The preferred Candidate for the positions of Equity Vice-President and Alternate Equity Vice-President will be selected from among the seven Equity Board Members, as determined by a poll of all Participants from all equity-deserving groups.

7.4 At the discretion of the BEC, polling for the positions of Alternate Equity Board member, Equity Vice-President, and Alternate Equity Vice-President may be conducted concurrently or following the polling for the positions of Equity Board Member.

 

8 Recommendations

8.1 In accordance with the OPSEU/SEFPO Constitution, the BEC will recommend seven members for the position of Equity Board Member, one for each of the seven equity-deserving groups. The BEC will recommend one member for the position of Alternate Equity Board member for each of the seven Equity Board Members. The recommendations will follow the preferences expressed by Participants through the online polling process.

8.2 The BEC will recommend one member for the position of Equity Vice-President, and one member for the position of Alternate Equity Vice-President, from among the seven members recommended for the position of Equity Board Member. The recommendations will follow the preferences expressed by Participants through the online polling process.

8.3 All recommendations will be provided by the BEC to the President of OPSEU/SEFPO, the Executive Board, and the Participants in the selection process no later than 45 days prior to the opening of Convention.

 

9 Appointment

9.1 Prior to the opening of Convention, the Executive Board will appoint the members recommended by the BEC to the positions for which they are recommended. Executive Board Members so appointed will be members-elect in the same manner as those elected at Regional Meetings, in accordance with the OPSEU Constitution.

 

10 Removal

10.1 The Executive Board may remove an Equity Board Member or Equity Vice- President from the Executive Board only after polling the Participants that participated in the selection of the Equity Board Member or Equity Vice- President. If the majority of members vote to remove, the Executive Board may remove the Equity Board Member or Equity Vice-President by majority vote.

 

11 Vacancies

11.1 In the event that a member of the BEC steps down or is unable to continue, the BEC will continue its function with the remaining members. There will be no alternates appointed and no right to remove or replace members.

 

H13

Article 18 – Full-Time Officers

(Submitted by Local 130, Local 205, Local 223, Local 228, Local 447, Local 546, Local 553, Local 579, and Local 5107)

Whereas the OPSEU/SEFPO constitution currently gives the President of the Union authority over the affairs and operation of the Union on a day-to-day basis and there is no requirement for the President to involve the Executive Committee or Executive Board in any of these decisions,

Whereas the constitution does not define what further powers and duties that the Executive Board can assign to the President and there is no need to document these powers and duties in writing,

Whereas the ability to challenge a Presidents decisions on the day-to-day operation of the Union has been shown to be difficult,

Whereas it is prudent to ensure that the day-to-day operation of the Union not reside with one person,

Therefore, be it resolved that, Article 18.1.5 is amended as follows:

18.1.5 The President and Executive Officers together shall have overall authority over the affairs and operations of the Union on a day-to-day basis and shall exercise such other powers and duties as the Executive Board may assign in writing from time to time. The President or designee shall act as the Chief spokesperson for the Union on policy matters.

 

H14

Article 16 – Executive Board
Article 18 – Full-Time Officers

(Submitted by Local 130, Local 205, Local 223, Local 228, Local 447, Local 546, Local 553, Local 579, and Local 5107)

Whereas it is essential that the Executive Board be provided with the information, reports, financial documents, contracts, employment agreements and other information available to carry out the Board’s fiduciary duties,

Whereas there needs to be a requirement for this information to be provided to the Executive Board,

Therefore, be it resolved that, an article be added to the constitution as follows:

The President and First Vice President/Treasurer shall provide all information related to decisions and finances to the Executive Board that are required for the Board to fulfil their fiduciary duties. This includes financial reports, contracts with staff and service providers, requests for proposals and proposal submissions, recommendations from staff, and other information requested by two third majority of the Board. These documents shall be provided within 15 days of the Boards two third majority vote requesting the information.

 

H15

Article 17 – Executive Committee

(Submitted by Local 130, Local 205, Local 223, Local 228, Local 447, Local 546, Local 553, Local 579, and Local 5107)

Whereas the employees of OPSEU/SEFPO deserve to have a stable and professional workplace without having to worry about what changes happen to members on the Executive Board,

Whereas the employees of OPSEU/SEFPO should not have their employment subjected to a loyalty test to any elected position,

Whereas the employees of OPSEU/SEFPO should not be fearful of termination if they exercise their free bargaining rights,

Therefore, be it resolved that, an article be added to the constitution as follows:

The President must have the approval of two thirds of the Executive Committee in order to terminate an employee of OPSEU/SEFPO. The Executive Committee will be provided all necessary information in order to make their decision. The Executive Committee may interview supervisory and excluded staff to assist in making their decision.

And further that, Article 17.7 be amended as follows,

17.7 The committee will act as a staffing review committee and will determine the number and classifications of staff to hire. The committee will approve any request to terminate an employee. Hiring recommendations will be made by the Administrator for Employee Relations without interference by any Board member. Hiring recommendations will be approved by the Committee.

 

H16

Article 17 – Executive Committee

(Submitted by Local 130, Local 205, Local 223, Local 447, Local 546, Local 553, Local 579, and Local 5107)

Whereas the Executive Committee of the Union is required to meet at least eight times a year,

Whereas the President can individually decide on where the Executive Committee will meet in the absence of any other decision,

Whereas there is no provision in the Constitution for the Executive Committee to convene a meeting if the President does not convene a properly requested meeting,

Whereas there is currently no requirement to provide a virtual option for meetings,

Whereas the Executive Committee is the highest authority in the Union between conventions,

Whereas the membership needs the Executive Committee to meet frequently to ensure they have the information and time required to make the important decisions of the Union and oversee decisions that are being made,

Whereas the Executive Committee requires the time to carry out their fiduciary duties,

Therefore, be it resolved that, That Article 17.2 be amended as follows:

The Committee shall meet at least monthly, at times and places in Ontario to be decided by it. In the absence of a decision about where to meet, the meeting location will be OPSEU/SEFPO head office and will include a virtual option if available. Additional meetings must also be convened by the President on receipt of requests in writing from a majority of the members of the Committee. A two thirds majority of the committee may convene a meeting of the Committee if the President fails to convene a meeting. The chair of such meeting will be the highest-ranking Executive Committee member present if the President is absent from the meeting.

 

H17

Article 17 – Executive Committee

(Submitted by Local 205, Local 223, Local 228, Local 447, Local 546, Local 553, Local 579, and Local 5107)

Whereas situations emerge when a decision requires a vote of the Executive Committee before the next regularly scheduled meeting of the committee,

Whereas it is the desire of the membership to ensure that the President is not making decisions independently of the Executive Committee,

Whereas it is required that the President consult and seek authority from the Executive Board to make certain decisions,

Whereas the current Article 17.4 of the Constitution does not reflect the current techniques that can be used to communicate with Executive Committee members,

Whereas despite the emergency nature of some meetings, the Executive Committee must still have the information that is available at the time of the emergency meeting to fulfil their fiduciary duties and make good decisions,

Therefore, be it resolved that, article 17.4 be amended as follows:

In an emergency where the President requires the decision or desires the guidance of the Committee, the Members may be polled by telephone, email, other electronic means or letter and a decision of the majority of the members shall be taken as a decision of the Committee. The Corporate Secretary will record this decision and it will be recorded and confirmed at the next regular meeting of the Committee. Despite the emergency nature of these meetings, the Committee will be provided access to the information available to the President in order to assist them to render their decision.

 

H18

Article 17 – Executive Committee

(Submitted by Local 130, Local 205, Local 223, Local 228, Local 447, Local 527, Local 546, Local 553, Local 579, and Local 5107)

Whereas the Executive Committee is responsible for closely supervising the financial administration of the Union,

Whereas there are no requirements for the Board to be provided details of the finances of the Union,

Whereas there needs to be a better understanding of the obligations to provide financial information to the Executive Committee,

Therefore, be it resolved that, article 17.5 be amended as follows,

The Committee shall maintain supervision over the financial administration of the Union. The Committee shall receive monthly reports from the First Vice President/Treasurer and the Administrator responsible for finances. The reports will provide them with the information necessary to fulfil this responsibility. The Board will establish policies and procedures for sound financial management and may seek the advice of professional financial advisors to ensure that the procedures are adequate. The committee shall also have the authority to approve unforeseen expenditures of up to $20,000 on any single item, up to an annual ceiling of $240,000 for legitimate Union or general trade union purposes.

 

H19

Article 14 – Election and Removal of Executive Board

(Submitted by Local 130, Local 205, Local 223, Local 228, Local 447, Local 546, Local 553, and Local 579)

Whereas OPSEU/SEFPO is a member driven Union where members have opportunities to take leadership roles,

Whereas OPSEU/SEFPO members want to ensure that the Executive Board reflects the membership that we have,

Whereas we need to ensure that new members who wish to take on leadership positions in the Union have opportunities,

Whereas incumbent Executive Board members have always had an advantage over new candidates for election,

Whereas it is important for our Union to continue to have new ideas and energy on the Executive Board,

Therefore, be it resolved that, the OPSEU/SEFPO Constitution be amended to include the following article:

No member is eligible to offer themselves for the Executive Board if they have held an Executive Board position for eight (8) years or more. The calculation of this term includes the any current term the member is serving.

 

H20

Article 17 – Executive Committee

(Submitted by Local 130, Local 447, Local 546, Local 553, Local 579, and Local 5107)

Whereas currently the Executive Committee acts as the advisor and consultant to the President on labour-management relations within the Union,

Whereas the President is not required to take the advice of the Executive Committee or to consult with them for labour-management decisions,

Whereas decisions of one person may do harm to labour-management relations within the Union,

Therefore, be it resolved that, article 17.8 of the Constitution be amended as follows,

17.8 The Committee shall be advised and consulted on any labour-management relations issues. A majority of the Committee is required to approve all labour-management relations decisions within the Union.

 

H21

Article 17– Executive Committee

(Submitted by Local 130, Local 223, Local 447, Local 546, Local 553, Local 579, and Local 5107)

Whereas currently the Executive Committee does not approve the selection of vendors that provide service to the Union,

Whereas the President and/or the First Vice President/Treasurer is not required to provide the Executive Board with rationale for vendor selection,

Whereas good governance requires oversight by more than one person in the organization,

Therefore, be it resolved that, the Constitution be amended by adding the following article,

The Committee will authorize the selection of vendors for services to the Union after a request for proposal has been made. Requests for proposals shall be used in all cases where the anticipated expense is in excess of $20,000. A sole source vender can be used in an emergency and with the approval of two thirds of this Committee.

 

H22

Article 19 – Provincial Committees

(Submitted by Local 560)

Whereas precarity is increasingly becoming the norm in the labour market;

Whereas precarity is economically, psychologically, and socially devastating;

Whereas precarious workers are denied access to secure, full-time employment;

Whereas precarious workers are unable to fully participate in the life of the union;

Whereas the inability of members to participate undermines the democracy of OPSEU/SEFPO;

Therefore, be it resolved that, OPSEU/SEFPO establish a Precarious Workers Committee.

 

H23

Article 12 – Locals of the Union
Article 18 – Full-Time Officers

Article 21 – Divisions

(Submitted by Local 130, Local 205, Local 223, Local 228, Local 447, Local 546, Local 553, Local 579, and Local 5107)

Whereas the interpretation of the Constitution and by-laws of Locals and the approval or Local by-laws and Occupational Divisions by-laws can fundamentally effect the rights of members within the Union,

Whereas this duty has been assigned solely to the President of OPSEU/SEFPO in the past with only a requirement to consult the Executive Committee,

Whereas it has become apparent from past practices that it would be prudent to ensure that this authority is shared by the Executive Committee,

Whereas it is important that the appeal of any such interpretation or approval be made to the entire Executive Board,

Therefore, be it resolved that, Article 12.5.2 be amended as follows,

12.5.2 No supplemental bylaws or changes to them shall take effect until they have been approved by the Executive Committee, which approval shall not be unduly delayed or unreasonably withheld. If the Executive Committee’s approval is refused or if it is withheld for more than 45 days, the Local shall have the right to have the matter reviewed by the Board and the Board shall have the right to approve the bylaw(s) in question.

And further that, Article 18.1.3 be amended as follows,

18.1.3 The President and the Executive Committee together shall have sole authority to interpret this Constitution and any Bylaws of Locals duly approved in accordance with Article 12.

The interpretation can be appealed to the Executive Board and/or at a Convention.

Interpretation appeals will be prioritized by the Executive Board and on the Convention agenda.

And further that, Article 21.1.3 be amended as follows.

21.1.3 No Occupational Division shall be recognized within the Union unless its constituent parts have adopted Bylaws similar in spirit to those in this Constitution to govern Locals and until the said Bylaws have been approved by the Executive Committee, which approval shall not be unreasonably withheld or unduly delayed. if the

Executive Committee’s approval is refused or if it is withheld for more than 45 days, the Local shall have the right to have the matter reviewed by the Board and the Board shall have the right to approve the bylaw(s) in question.

 

H24

Article 19 – Provincial Committees

(Submitted by Local 130)

Whereas OPSEU/SEFPO has launched a civil suit against former elected leaders and staff;

Whereas OPSEU/SEFPO must take every opportunity possible to ensure care and responsibility of our members’ dues;

Whereas OPSEU/SEFPO has a responsibility to ensure that member dues are spent in a responsible fashion and for trade union purposes;

Whereas the Executive Board audit committee are responsible for policing their board colleagues and· themselves and this can lead to a conflict of interest

Therefore, be it resolved that, beginning in 2024, and every two years thereafter, article 19 of the OPSEU/SEFPO Constitution will be amended to provide for the election one (1) Trustee/Auditor (and alternate) per Region.

Therefore, be it further resolved that, the terms of reference of the Trustees/Auditors will be created by the Executive Board in consultation with local presidents in time for the 2024 elections

Therefore, be it further resolved that, the terms of reference will include, minimally and among other things, that the Trustees/Auditors will have access to review all and any expenses made by, or remunerations received by, the Executive Board, Committee Chairs, the office of the President, the Office of the 1st Vice-President/Treasurer and Senior Administrators.

Therefore, be it further resolved that, all and any supporting documentation required for the Trustees/Auditors to fully perform their function will not be unduly withheld.

Therefore, be it further resolved that, elected Trustees/Auditors will be trained within 60 days of the beginning of their term of office.

Therefore, be it further resolved that, Trustees/Auditors elected will have expenses reimbursed for a minimum of quarterly meetings at head office if required.

Therefore, be it further resolved that, any member running for the position of Trustee/Auditor cannot hold any other office within the union.

Therefore, be it further resolved that, the Trustees/Auditors will report a minimum of twice per year to the executive board and that an annual report will also form part of the annual convention documents for the general membership.

H25

Article 14 Election and Removal of Executive Board

Article 16 – Executive Board

Article 19 – Provincial Committees

(Submitted by Local 130)

Whereas it is anticipated that constitutional amendments will be put forward to the OPSEU/SEFPO 2023 Annual Convention that will seek to add Equity seats to the Executive Board;

Whereas adding Equity seats to the OPSEU/SEFPO Executive Board will have a net result of increasing the size of the Executive Board;

Whereas the actual cost of the Executive Board was last reported to be in excess of a million dollars;

Whereas the membership of OPSEU/SEFPO through a past convention chose to reduce the size of the Executive Board to, among other things, control the cost of the Executive Board;

Therefore, be it resolved that, should any Constitutional Amendments pass at the 2023 Convention that adds one Equity seat per Region or one Equity Seat per Article 19 Committee that the number of Executive Board Members elected per Region – not counting any newly added Equity seats – will be reduced in Article 14.6.1 from three to two.