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Minutes of the September 8, 2020 Executive Board Web Conference

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September 8, 2020

The Executive Board was called to order at 1:05 p.m. President Thomas was in the Chair. All members were present. Clarke Eaton, Advisor to the President and Filomena Lofranco, Executive Assistant to the President were also in attendance.

President’s Report

Internal Issues

Executive Board Meetings time

Moved by Thomas/Almeida

Whereas the Executive Board is meeting the first Monday of every month at 7:00PM throughout the duration of the COVID-19 pandemic; and

Whereas an earlier start time was proposed to accommodate the schedules of the Executive Board;

Therefore be it resolved that the start time of the Executive Board meetings that are scheduled at the beginning of every month will now be 1:00pm.

Roll Call #1

Ainsworth, Anna for

Almeida, Eddy for

Arvelin, Ed for

Cain, Geoff for

Doran, Dave for

Finucane, Drew for

Kwok, Kingsley for

Labelle, Sara for

Langford, Tara for

Maclam, Kenneth for

Maszczakiewicz, Tara for

Morton, Lucy for

Nancekivell, Laurie for

Perron, Janel for

Rondeau, Nathalie for

Smith-Rice, Erin for

Steinbrunner, Ken for

Strachan, Edie for

Thomas, Warren for

Usher, Joel for

Van Zetten, Jennifer for

Carried 21 for 0 against

Agenda

The agenda was amended to add:

  • Local elections
  • Bill 195
  • Committee Reports – Racialized workers
  • Committee Reports – Social Mapping
  • In Camera Matter

Moved by Thomas/Almeida

Therefore be it resolved that the OPSEU/SEFPO Executive Board adopt the OPSEU/SEFPO Executive Board Minutes of the August 4, 2020 Executive Board web conference and the August 28, 2020 Executive Board E-poll, HOOPP Pension appointment.

Roll Call #2

Ainsworth, Anna for

Almeida, Eddy for

Arvelin, Ed for

Cain, Geoff for

Doran, Dave for

Finucane, Drew for

Kwok, Kingsley for

Labelle, Sara for

Langford, Tara for

Maclam, Kenneth for

Maszczakiewicz, Tara for

Morton, Lucy for

Nancekivell, Laurie for

Perron, Janel for

Rondeau, Nathalie for

Smith-Rice, Erin for

Steinbrunner, Ken for

Strachan, Edie for

Thomas, Warren for

Usher, Joel for

Van Zetten, Jennifer for

Carried 21 for 0 against

August 28th, 2020 E-poll – HOOPP Pension appointment

Moved by Thomas/Almeida

Whereas the appointment of OPSEU/SEFPO’s trustee to the Board of Trustees of HOOPP expired on June 30; and

Whereas OPSEU/SEFPO holds one seat and should have a voice at the Board on behalf of all OPSEU/SEFPO members of the Plan;

Therefore be it resolved that Sandi Blancher be reappointed as a pension trustee for the HOOPP Board of Trustees effective July 1 2020 to June 30, 2021, provided Sister Blancher signs the Letter of Understanding provided by OPSEU/SEFPO.

Ainsworth, Anna for

Almeida, Eddy for

Arvelin, Ed for

Cain, Geoff for

Doran, Dave for

Finucane, Drew for

Kwok, Kingsley —

Labelle, Sara for

Langford, Tara for

Maclam, Kenneth for

Maszczakiewicz, Tara for

Morton, Lucy —

Nancekivell, Laurie for

Perron, Janel for

Rondeau, Nathalie for

Smith-Rice, Erin for

Steinbrunner, Ken for

Strachan, Edie —

Thomas, Warren for

Usher, Joel for

Van Zetten, Jennifer for

Carried 18 for 0 against

Unfinished Business

From the July 6, 2020 Executive Board web conference:

Staffing Questions

Discussion

Treasurer’s Report

  • Financials
  • Contingency Fund
  • Constituency Fund
  • Defence Fund
  • ODSP Fund – OPS Job Protection Fund
  • ODSP Fund – MERC Action Plan
  • ODSP Fund – OPS Redeployment Fund
  • LBED – Anti-privatization Fund
  • Area and Labour Councils
  • Other Business

Area and Labour Councils

Moved by Almeida/Thomas

Whereas Locals that contribute funds and affiliate to Area and Labour councils are allowed to have delegates attend on behalf of their local; and

Whereas as per policy delegates to Area and Labour Councils are tied directly to the Local that affiliate, including if trusteeship that suspension from these committees is enacted (Section 15.6, sub section 2.4.1); and

Whereas the policy only makes small reference to all elected or appointed officials and the policy should be made more clear; and

Whereas the constitution refers to selection/election to Area councils and Labour councils; and

Whereas to attend on behalf of a local, it is reasonable that the local endorses or votes on who should attend to represent Members at Area and Labour Councils; and

Whereas to further clarify the policy on Area councils and Labour councils the following should be added to policy.

Therefore be it resolved that members who attend Area and Labour Councils must be either selected by the Local Executive Committee or Elected at a general Membership meeting; and

Be it further resolved that per the constitution a Retiree may be elected/selected as delegate of a Local or from Regional Retirees Division to an Area Council; and

Be it further resolved that the names of delegates will be sent in writing/email to the OPSEU/SEFPO President for distribution to appropriate Staff, EBM’s, as well as to the respective sitting council for their records; and

Be it further resolved that only those named by the Local may represent the Local as a delegate at the District Labour Council.

Roll Call #3

Ainsworth, Anna for

Almeida, Eddy for

Arvelin, Ed for

Cain, Geoff for

Doran, Dave for

Finucane, Drew for

Kwok, Kingsley for

Labelle, Sara for

Langford, Tara for

Maclam, Kenneth for

Maszczakiewicz, Tara for

Morton, Lucy for

Nancekivell, Laurie for

Perron, Janel for

Rondeau, Nathalie for

Smith-Rice, Erin for

Steinbrunner, Ken for

Strachan, Edie for

Thomas, Warren for

Usher, Joel for

Van Zetten, Jennifer for

Carried 21 for 0 against

President’s Report

Internal Issues

Scholarship Fund

Moved by Thomas/Smith-Rice

Whereas on July 24, 2020, Karen Gottschalk-Millar, a respected Residential Counsellor and dedicated, long-time member of OPSEU/SEFPO Local 448, was murdered at her workplace; and

Whereas the OPSEU/SEFPO Executive Board recognizes the importance and need for more workers in the field that Karen dedicated her life to; and

Whereas affordability should not be a barrier for someone who would like to enter the field of social service work;

Therefore be it resolved that the OPSEU/SEFPO Executive Board allocate $1,000 as a standing budgetary line item to a scholarship fund in memory of Karen Gottschalk-Millar; and

Be it further resolved that the name and eligibility criteria for the scholarship be developed in consultation with Local 448, Karen’s family and with the division executive as required for input.

Roll Call #4

Ainsworth, Anna for

Almeida, Eddy for

Arvelin, Ed for

Cain, Geoff for

Doran, Dave for

Finucane, Drew for

Kwok, Kingsley for

Labelle, Sara for

Langford, Tara for

Maclam, Kenneth for

Maszczakiewicz, Tara for

Morton, Lucy for

Nancekivell, Laurie for

Perron, Janel for

Rondeau, Nathalie for

Smith-Rice, Erin for

Steinbrunner, Ken for

Strachan, Edie for

Thomas, Warren for

Usher, Joel for

Van Zetten, Jennifer for

Carried 21 for 0 against

CAAT- A Divisional Meeting Postponement

Moved by Thomas/Almeida

Whereas on June 1, 2020, the Executive Board postponed the 2020 OPS Divisional Conference due to the Covid pandemic; and

Whereas CAAT A Division is scheduled to hold their Divisional Meeting in the fall of 2020; and

Whereas the COVID-19 pandemic is still very much a threat to the health and safety of OPSEU/SEFPO members; and

Whereas OPSEU/SEFPO is not yet fully operational; and

Whereas the Executive Board has already decided to postpone all Local elections and extend terms upon review after OPSEU/SEFPO becomes fully operational; and

Whereas all Divisions and leadership positions within OPSEU/SEFPO should be treated similarly; and

Whereas OPSEU/SEFPO members require leadership within their divisions during these unprecedented times; and

Whereas it would be unsafe and contrary to recognized union health and safety principles for members to meet in large gatherings at this time;

Therefore be it resolved that the 2020 CAAT A Divisional meetings be postponed until such a time as one may be held in accordance with the indicated resolves, and that the terms for the elected leadership be extended until OPSEU/SEFPO resumes normal operations; and

Be it further resolved that this decision be reviewed once OPSEU/SEFPO returns to its normal operations.

Moved by Maszczakiewicz/Morton – Referral to the President’s office to be reported back to the next board meeting.

Moved by Nancekivell/Labelle – Amendment to Referral:

That the referral be changed to have it reported back within 2 weeks

Roll Call #5

Ainsworth, Anna for

Almeida, Eddy for

Arvelin, Ed for

Cain, Geoff for

Doran, Dave for

Finucane, Drew against

Kwok, Kingsley for

Labelle, Sara for

Langford, Tara for

Maclam, Kenneth for

Maszczakiewicz, Tara against

Morton, Lucy against

Nancekivell, Laurie for

Perron, Janel for

Rondeau, Nathalie for

Smith-Rice, Erin for

Steinbrunner, Ken against

Strachan, Edie for

Thomas, Warren against

Usher, Joel for

Van Zetten, Jennifer for

Carried 16 for 5 against

The question called on the Referral as amended:

Referral to the President’s office to be reported back within 2 weeks.

Moved by Ainsworth/Kingsley – Amendment to the Referral:

That CAAT-A Divex be consulted in the process

First Vice-President Treasurer/Almeida in the Chair

Sara Labelle in the Chair

Moved by Almeida/Thomas – Amendment to the amendment:

That all sectors be consulted in the process

Object to Consideration

Challenge to the Chair

Lucy Morton in the Chair

Roll Call #6

Ainsworth, Anna for

Almeida, Eddy against

Arvelin, Ed for

Cain, Geoff for

Doran, Dave for

Finucane, Drew against

Kwok, Kingsley for

Labelle, Sara for

Langford, Tara for

Maclam, Kenneth against

Maszczakiewicz, Tara for

Morton, Lucy against

Nancekivell, Laurie for

Perron, Janel for

Rondeau, Nathalie for

Smith-Rice, Erin for

Steinbrunner, Ken for

Strachan, Edie for

Thomas, Warren against

Usher, Joel for

Van Zetten, Jennifer for

Carried 16 for 5 against

Chair is upheld

 Sara Labelle in the Chair

The question was called on the Amendment to the amendment:

That all sectors be consulted in the process.

Roll Call #7

Ainsworth, Anna for

Almeida, Eddy for

Arvelin, Ed  for

Cain, Geoff for

Doran, Dave for

Finucane, Drew for

Kwok, Kingsley for

Labelle, Sara for

Langford, Tara for

Maclam, Kenneth for

Maszczakiewicz, Tara for

Morton, Lucy for

Nancekivell, Laurie against

Perron, Janel against

Rondeau, Nathalie for

Smith-Rice, Erin for

Steinbrunner, Ken against

Strachan, Edie against

Thomas, Warren for

Usher, Joel against

Van Zetten, Jennifer against

Carried 15 for 6 against

The question was called on the amendment to the referral:

That the CAAT-A Divex and all sectors be consulted in the process

Roll Call #8

Ainsworth, Anna for

Almeida, Eddy against

Arvelin, Ed against

Cain, Geoff against

Doran, Dave against

Finucane, Drew against

Kwok, Kingsley against

Labelle, Sara against

Langford, Tara against

Maclam, Kenneth against

Maszczakiewicz, Tara against

Morton, Lucy against

Nancekivell, Laurie against

Perron, Janel against

Rondeau, Nathalie against

Smith-Rice, Erin against

Steinbrunner, Ken against

Strachan, Edie against

Thomas, Warren against

Usher, Joel against

Van Zetten, Jennifer against

DEFEATED 1 for 20 against

President Thomas in the Chair

The question was called on the referral as amended:

Referral to the President’s office to be reported back within 2 weeks.

Roll Call #9

Ainsworth, Anna for

Almeida, Eddy for

Arvelin, Ed for

Cain, Geoff for

Doran, Dave for

Finucane, Drew for

Kwok, Kingsley for

Labelle, Sara for

Langford, Tara for

Maclam, Kenneth for

Maszczakiewicz, Tara for

Morton, Lucy for

Nancekivell, Laurie for

Perron, Janel for

Rondeau, Nathalie for

Smith-Rice, Erin for

Steinbrunner, Ken for

Strachan, Edie for

Thomas, Warren for

Usher, Joel for

Van Zetten, Jennifer for

Carried 21 for 0 against

OPSEU/SEFPO members associated with raiding

Moved by Thomas/Almeida

Whereas Barry Roy (Local 229), Agnes Ogle (Local 369), Lawrence Agustin (Local 5112), Carl Carson (Local 5112), Richard Louca (Local 290), Chris Abbott (Local 234), and Ken Dowhaniuk (Local 708) have identified themselves as leaders and supporters of a new organization that claims to be a trade union, and intends to file a decertification application to the OLRB to raid OPSEU/SEFPO as the certified bargaining agent of the Correctional Bargaining Unit; and

Whereas a decertification application to the OLRB would prejudice members’ rights and would freeze the terms of the Corrections Collective Agreement, effectively prohibiting elected MERC and local representatives from negotiating new or amended provincial or local agreements for the duration of the OLRB application; and

Whereas OPSEU/SEFPO notified the members on August 5 that it would review their membership in good standing in light of their conduct, and provided the members with an opportunity to present their views, in accordance with Article 16.10 of the Constitution; and

Whereas Chris Abbott was the only member to respond, and his response has been considered;

Therefore be it resolved that Barry Roy, Agnes Ogle, Lawrence Agustin, Carl Carson, Richard Louca, Chris Abbott, and Ken Dowhaniuk, are suspended from membership in good standing in accordance with article 16.10 of the OPSEU/SEFPO Constitution; and

Be it further resolved that any of the former members who hold elected office or appointed positions with OPSEU/SEFPO are hereby removed; and

Be it further resolved that the suspensions will continue until such time as the Executive Board may vote by a two-thirds majority roll call vote to return any of the former members to membership in good standing; and

Be it further resolved that after a period of two years, any of the former members may request to be returned to membership in good standing by submitting a written submission to the President.

Roll Call #10

Ainsworth, Anna for

Almeida, Eddy for

Arvelin, Ed for

Cain, Geoff for

Doran, Dave for

Finucane, Drew for

Kwok, Kingsley for

Labelle, Sara for

Langford, Tara for

Maclam, Kenneth for

Maszczakiewicz, Tara for

Morton, Lucy for

Nancekivell, Laurie for

Perron, Janel for

Rondeau, Nathalie for

Smith-Rice, Erin for

Steinbrunner, Ken for

Strachan, Edie for

Thomas, Warren for

Usher, Joel for

Van Zetten, Jennifer for

Carried 21 for 0 against

Staff Survey

Update provided

First Vice-President/Treasurer Almeida in the Chair

Central Labour Updates (OFL/NUPGE/CLC)

Sara Labelle provided an update

Committee Reports

Racialized Workers

Kingsley Kwok, Executive Board Liaison, OPSEU Provincial Coalition of Racialized Workers

  1. Membership of Coalition
  2. Coalition proposal during COVID-19 pandemic

Membership of Coalition

OPSEU Provincial Coalition of Racialized Workers filled two vacancies. I am happy to inform the Executive Board that the Coalition has representatives from OPSEU Regions 6 and 7. The next meeting of the Coalition will take place in two weeks. The Coalition has another call for representatives. Please encourage any applicant to e-mail equity@opseu.org by 5 p.m. on 15 November 2020. https://opseu.org/news/opseus-coalition-of-racialized-workers-call-for-representatives/110224/

Coalition proposal during COVID-19 pandemic

The Coalition has its focus on supporting migrant workers. Most have lived in congregated settings. Some had died from coronavirus and others had been confirmed positive for COVID-19. On 16 June 2020 the Coalition proposed the following to support migrant workers.

  • Press release from the President’s Office calling or more testing at the farms and stop wage discrimination. DONE
  • Purchasing personal protective equipment. Cost associated: $2,500
  • Donating food boxes to migrant workers, those that are off work sick. Cost associated: $2,000
  • Organizing car-a-van to Leamington area. DONE
  • Helping Justicia for Migrant Workers with financial assistance to its campaign. DONE

To date, OPSEU achieved three of the five items in the proposal. The remaining two items of the proposal are to purchase personal protective equipment and culturally-appropriate food boxes for migrant workers. The Coalition has to work with staff to achieve the rest of the proposal.

Social Mapping

Update provided

New Business

Follow up on Convention 2021 – written information from Convention Centre (as per discussion from July 2020 meeting)

Discussion

Moved by Kingsley/Ainsworth – Move into committee of the whole

Roll Call #11

Ainsworth, Anna for

Almeida, Eddy against

Arvelin, Ed for

Cain, Geoff  for

Doran, Dave for

Finucane, Drew for

Kwok, Kingsley for

Labelle, Sara for

Langford, Tara for

Maclam, Kenneth against

Maszczakiewicz, Tara for

Morton, Lucy against

Nancekivell, Laurie for

Perron, Janel for

Rondeau, Nathalie for

Smith-Rice, Erin for

Steinbrunner, Ken against

Strachan, Edie for

Thomas, Warren —

Usher, Joel for

Van Zetten, Jennifer for

Carried 16 for 4 against

Moved by Almeida/Ainsworth – Move out of committee of the whole

Roll Call #12

Ainsworth, Anna for

Almeida, Eddy for

Arvelin, Ed for

Cain, Geoff for

Doran, Dave for

Finucane, Drew for

Kwok, Kingsley for

Labelle, Sara —

Langford, Tara for

Maclam, Kenneth for

Maszczakiewicz, Tara for

Morton, Lucy for

Nancekivell, Laurie for

Perron, Janel for

Rondeau, Nathalie for

Smith-Rice, Erin for

Steinbrunner, Ken for

Strachan, Edie for

Thomas, Warren —

Usher, Joel for

Van Zetten, Jennifer for

Carried 19 for 0 against

President’s Report

Regionals/Convention

Discussion

Staffing Issues – In Camera

Moved by Thomas/Almeida – In Camera

Roll Call #13

Ainsworth, Anna for

Almeida, Eddy for

Arvelin, Ed for

Cain, Geoff for

Doran, Dave for

Finucane, Drew for

Kwok, Kingsley for

Labelle, Sara for

Langford, Tara for

Maclam, Kenneth for

Maszczakiewicz, Tara for

Morton, Lucy for

Nancekivell, Laurie for

Perron, Janel for

Rondeau, Nathalie for

Smith-Rice, Erin for

Steinbrunner, Ken for

Strachan, Edie for

Thomas, Warren for

Usher, Joel for

Van Zetten, Jennifer for

Carried 21 for 0 against

Rise & Report

Progress

New Business

Bill 195

Discussion 

Update on CAAT-S investigation

Discussion

Convention Swag

Discussion

HDPP Complaint

Moved by Smith-Rice/Kwok

Whereas article 7.1c of the OPSEU/SEFPO Constitution states that every member in good standing is entitled to be free from discrimination, harassment or intimidation by a Member with respect to another Member by reason of any prohibited; and

Whereas the OPSEU/SEFPO Harassment and Discrimination Prevention Policy is one step in OPSEU/SEFPO’s fight to eliminate harassment and discrimination in accordance with the Ontario Human Rights Code and OPSEU/SEFPO’s Constitution; and

Whereas a Complaint was filed under the Harassment and Discrimination Prevention Policy (HDPP), File #2020-0205-0002, OPSEU member (the “Respondent”) and the Complaint proceeded to Investigation in accordance with the HDPP, and the Investigation Report concluded that the impact of the Respondent’s comments and conduct constituted discrimination on the basis of race, and recommended that the Respondent participate in a training module on Respectful Communications Practices and Anti-Black Racism, and that failure to do so would result in having their membership status altered to “Member in Bad Standing”; and

Whereas the Respondent refused to participate in the training with full understanding that refusing to do so may result in their membership status being altered; and

Whereas the Executive Board reviewed Complaint #2020-0205-0002 between June 27, 2020 and July 8, 2020, the Investigation Report, and Recommendations contained within; and

Whereas in accordance with article 6.3.4, 7.2.2 of the Constitution and article 4.2 of the HDPP, the Executive Board has reviewed all of the circumstances of the Complaint, the Respondent request, the Investigation Report, and written submissions provided;

Therefore be it resolved that effective immediately, as per article 6.3.4 of the OPSEU/SEFPO constitution the Respondent shall be deemed a Member suspended until they complete the recommended training by the Investigator; and

Be it further resolved that effective immediately, as per article 7.2.2 the Respondent shall be removed from any office they may hold within OPSEU/SEFPO until they complete the training recommended by the Investigator; and

Be it further resolved that the Respondent will be notified of the Executive Board’s decision within 7 days and be provided dates to complete training on Anti-Black Racism and Respectful Communications Practices within 30 days.

Roll Call #14

Ainsworth, Anna for

Almeida, Eddy —

Arvelin, Ed for

Cain, Geoff for

Doran, Dave for

Finucane, Drew for

Kwok, Kingsley for

Labelle, Sara for

Langford, Tara for

Maclam, Kenneth for

Maszczakiewicz, Tara for

Morton, Lucy for

Nancekivell, Laurie for

Perron, Janel for

Rondeau, Nathalie for

Smith-Rice, Erin for

Steinbrunner, Ken —

Strachan, Edie for

Thomas, Warren for

Usher, Joel for

Van Zetten, Jennifer for

Carried 19 for 0 against

Local elections

Discussion

Board meetings

Moved by Thomas/Morton

Be it resolved that starting with the October OPSEU/SEFPO Executive Board meeting, the meeting will start at 9:00a.m and go no later than 5:00p.m.

Roll Call #15

Ainsworth, Anna for

Almeida, Eddy —

Arvelin, Ed for

Cain, Geoff for

Doran, Dave for

Finucane, Drew for

Kwok, Kingsley for

Labelle, Sara for

Langford, Tara for

Maclam, Kenneth for

Maszczakiewicz, Tara for

Morton, Lucy for

Nancekivell, Laurie for

Perron, Janel for

Rondeau, Nathalie for

Smith-Rice, Erin for

Steinbrunner, Ken for

Strachan, Edie for

Thomas, Warren for

Usher, Joel for

Van Zetten, Jennifer for

Carried 20 for 0 against

Adjournment

The Executive Board adjourned at 6:08p.m. All members were present except First Vice-President/Treasurer Almeida, the reason was acceptable to the Chair.

Warren (Smokey) Thomas, President
Nicole Glass, Corporate Secretary