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2022 Convention Constitution Committee

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.

2022 Constitution Committee

Naz Binck, Region 1

Dave Wakely (Chair) Region 2

Tim Hannah (Vice Chair) Region 3

Adam Ly Region 4

Janice Hagan Region 5

Arlene Proul Region 6

Stacy Grieve Region 7

Ken Steinbrunner      EBM, Region 6

Pat Honsberger     Staff Advisor

Hasnain Abid     Secretary

H1

Article 1 – OPSEU Name Change

(Submitted by the Executive Board)

Whereas the Union is known in the English language as the “Ontario Public Service Employees Union” and in the French language as the “Syndicat des employées et employés de la fonction publique de l’Ontario”; and

Whereas the Union is known separately in English and French by the acronyms OPSEU and SEFPO; and

Whereas the Union makes great effort to be inclusive for all its members and provide services in both official languages English and French, and is in the process of implementing a number of recommendations to increase francophone services;

Whereas the OPSEU Executive Board passed a motion at the January 22-23, 2020 Executive Board meeting to initiate a change of the Unions name from “Ontario Public Service Employees Union” to “Ontario Public Service Employees Union/Syndicat des employées et employés de la fonction publique de l’Ontario” and submitted the motion to Convention 2022 for approval.

Therefore be it resolved that OPSEU Convention 2022 approve the change of the Union’s name from “Ontario Public Service Employees Union” to “Ontario Public Service Employees Union/Syndicat des employées et employés de la fonction publique de l’Ontario” in accordance with s.131 of the Corporations Act; and

Be it further resolved that Article 1.1 of the OPSEU Constitution be amended as follows:

1.1 The Union shall be known in the English and French languages as “Ontario Public Service Employees Union/Syndicat des employées et employés de la fonction publique de l’Ontario” as the “Ontario Public Service Employees Union and in the French language as “Syndicat des employées et employés de la fonction publique de l’Ontario.”

 

H2

Article 13 – Delegate entitlement for Conventions

(Submitted by Local 130, Local 147, Local 228, Local 446, Local 546, and Local 649)

Whereas local presidents are an automatic delegate to convention and are considered as part of the Union leadership; and

Whereas, the MERCs, Divisional executive and sector chairs are also considered to be in Union leadership roles and also support the locals and are not automatic delegates to convention; and

Whereas decisions are made at Convention that affect the way the MERC, Division & Sectors need to work & they don’t have the opportunity to provide input; and

Whereas many MERCs, Divisions and Sectors hold caucuses at convention to update the members and the chairs may not be elected from their locals to attend; and

Therefore be it resolved that the MERC, Divisional, and Sector chairs become automatic delegates, in their own right, separate from their local entitlement, to convention; and

Be it further resolved that the MERC, Divisional and Sector chairs be automatic delegates beginning with the 2023 convention

 

H3

Articles 13, 14, and 19 – Provincial Committees (addition of Rainbow Alliance arc-en-ciel)

(Submitted by Local 102, Local 228, Local 454, Local 446, Local 503, Local 571, Local 608, Local 649, Local 669, Local 4106, Ottawa Area Council, Region 1 Area Council, Thunder Bay & District Area Council, Greater Toronto Area Council, Kingston Area Council, Indigenous Circle, Provincial Francophone Committee, and the Executive Board)

Whereas people in trans, bisexual, lesbian, gay, intersex, asexual, pansexual, queer, questioning, and two-spirited (“TBLGIAPQQ2S”) communities have complex and diverse needs in the workplace related to their sexual and / or gender identities;

Whereas OPSEU has long recognized the need for the members of the Rainbow Alliance arc-en-ciel to be composed of a variety of gender and / or sexual identities so that their collective experiences can support TBLGIAPQQ2S OPSEU members in their workplaces and in their union;

Whereas 7 independent regional elections cannot ensure that a variety of sexual and / or gender identities are consistently elected into the RAA;

Whereas the members of the Indigenous Circle have proven that self-selection is a way to ensure that a diversity of identities are maintained inside an equity group;

Whereas Committee status can provide benefits to both the equity group seeking it and to OPSEU as a whole;

Therefore be it resolved that OPSEU recognizes the Rainbow Alliance arc-en-ciel within the Constitution as a constituted body and that Article 19 of the OPSEU Constitution be amended with the addition of Section 19.6 to read as follows:

19.6 There shall be a Rainbow Alliance arc-en-ciel Committee composed of two (2) members from each Region where they are represented within the Region. The Members of the Rainbow Alliance arc-en-ciel Committee shall be selected by the Rainbow Alliance arc-en-ciel Committee from interested members who apply to fill vacancies within their Region. The full membership of the Alliance will be renewed on a biennial basis. The function of the Alliance shall be to assist in creating networks within the Regions, to develop and promote programs to encourage TBLGIAPQQ2S (trans, bisexual, lesbian, gay, intersex, asexual, pansexual, queer, questioning, two spirited) members to participate in Union activities, and to increase the awareness and understanding of TBLGIAPQQ2S issues throughout the membership.

Therefore be it further resolved that Articles 13.4, 13.8, and 14.5.4 be amended as follows (changes noted in bold and underlined):

Article 13.4 (4)

The Members of the Provincial Women’s Committee and the Provincial Human Rights Committee and the Provincial Young Workers Committee and the Provincial Francophone Committee, and one Member of the Indigenous Circle per Region, and one Member of the Rainbow Alliance arc-en-ciel Committee per Region, shall be entitled to be delegates.

Article 13.8

13.8 Resolutions and constitutional amendments may be submitted by any Local, Area Council or Division, by the Executive Board, by the Provincial Women’s Committee, by the Provincial Human Rights Committee, by the Provincial Young Workers Committee, by the executive of the Retired Members’ Division, by the Provincial Francophone Committee, and by the Indigenous Circle and by the Rainbow Alliance arc-en-ciel Committee.

Article 14.5.4

14.5.4 Delegates to Regional election meetings shall be provided with a financial statement showing the expenses incurred during the previous fiscal year by the regional Board Members, the Provincial Women’s Committee, the Provincial Human Rights Committee, the Provincial Young Workers Committee, and the Indigenous Circle and the Rainbow Alliance arc-en-ciel Committee.

 

H4

Article 29 – Order of Business – Addition of Land Acknowledgement

(Submitted by Local 102, and Region 1 Area Council)

Whereas the OPSEU/SEFPO constitution dictates what the agenda template is for General Membership Meetings; and

Whereas it is respectful to honour the Indigenous lands that we meet upon and acknowledge the fact that they are stolen and unceded territories of Indigenous People that have been here since the beginning; and

Whereas land acknowledgements recognize how systemic and institutional systems of power have oppressed Indigenous peoples, and how that oppression has historically influenced the way non-Indigenous people perceive and interact with Indigenous peoples; and

Whereas one mechanism that we have in acknowledging these facts, is to conduct a Land Acknowledgement once a meeting has been called to order; and

Whereas OPSEU/SEFPO has made a commitment to Reconciliation and land acknowledgements have been inspired by the 94 Calls-to-Action published in the Truth and Reconciliation Commission of Canada report,

Therefore be it resolved that article 29.7.2 of the OPSEU/SEFPO Constitution be amended as Follows:

The Order of Business at a general membership meeting shall be:

1. Call to order.
2. Land Acknowledgement.
3. Statement of Respect.
4. Adoption of agenda.
5. Minutes of previous meeting.
6. Business arising.
7. Treasurer’s report.
8. Correspondence.
9. Initiation of new members.

 

H5

Article 13 – Election of Alternates

(Submitted by Local 454, Local 446, and Ottawa 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.

 

H6

Article 13 – Delegate voting procedures

(Submitted by Local 454, and Ottawa Area Council)

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

Articles 14, and 16 – Addition of Equity seats to Executive Board

(Submitted by Local 571, and Greater Toronto Area Council)

Whereas, the Canadian Labour Movement has examined the reality of racial discrimination in our workplaces, and society, and recognized an under representation of equity groups within our union, and

Whereas, many unions and federations have existing policies that designate seats on leadership bodies for women and other equity seeking groups. In particular, the Ontario Federation of Labour, who amended their constitution in 1983 to create five executive board positions for equity seats, and

Whereas, the OFL continued to build upon that diversity within its leadership structure by establishing a Racialized and Black People vice president in 1987 and further adopted vice president’s positions for persons with disabilities, Indigenous peoples and LGBTQ persons, and

Whereas, the CLC added six vice president seats for women in 1984 and two vice president seats for Racialized and Black People in 1992.

Therefore be it resolved that OPSEU address this under representation of equity groups within our union by providing that members in good standing of each equity committee and Board-recognized equity caucus elect one member of their equity committee or Board-recognized equity caucus to the Executive Board.

 

H8

Article 13 – Convention agenda

(Submitted by Region 1 Area Council)

Whereas in 1998 it was adopted as policy that the Resolution Committee and Constitution Committee each have one and a half (1.5) hours for their first and second reports at Convention; and,

Whereas Convention agendas have been prepared that do not meet the policy requirement; and,

Whereas there can be sufficient time to conduct business and recognize the outstanding activism of members at Convention; and,

Whereas there is a need to transition the allocation from policy into a governance requirement;

Therefore be it resolved that Article 13 of the Constitution be amended to require that Convention agendas shall include an allocation of one and a half (1.5) hours per full day, or 45 minutes per half day, to the Resolution Committee and an equal amount of time to the Constitution Committee, for their reports.

 

H9

Article 29 – Bylaws for Local Unions

(Submitted by Region 1 Area Council)

Whereas CAAT Support Part-Time members have been organized and Support Locals have become composite locals; and,

Whereas CAAT Faculty Part-Time/Sessional members are about to be organized and Faculty Locals will face the same decision; and,

Whereas the definitions of the Colleges Collective Bargaining Act (CCBA) would allow employers to move an elected Unit Steward from one unit to another nullifying a Local’s election process and undermining the function of a Local; and,

Whereas there is a need for solidarity with contract faculty and other precarious workers; and,

Whereas the position of Chief Steward has traditionally been associated with leadership in grievance handling for a local;

Therefore, be it resolved that Article 29 of the Constitution be amended to allow Sectors/Divisions to remove the structural difference between Single-Unit, Multi-Unit and Composite locals, allowing them to elect a Chief Steward, as defined in local bylaws; and,

Be it further resolved that the creation of the Unit Steward positions be allowed (but not be required) should Locals establish them in local bylaws, and that all elected Stewards be full members of the LEC and eligible to run for officer positions.

 

H10

Articles 13, 14, and 19 – Provincial Committees (addition of Coalition of Racialized Workers Committee)

(Submitted by the Executive Board)

Whereas addressing systemic discrimination and racism requires creating spaces for Black Indigenous, and racialized communities to ensure that they have a voice at the table; and

Whereas OPSEU/SEFPO’s Coalition of Racialized Workers (CoRW) works to organize, educate, support, and empower all Black and racialized workers within OPSEU/SEFPO;

Whereas the structure of the CoRW, as one of OPSEU/SEFPO’s three (3) equity caucuses, is not recognized in OPSEU/SEFPO’s Constitution; and

Whereas members of the CoRW do not have delegate status at Convention, Regional Meetings, OFL, CLC, NUPGE, and other events where OPSEU/SEFPO delegates attend; and

Whereas becoming a provincial equity committee will give CoRW equitable status to that of OPSEU/SEFPO’s five (5) other provincial equity committees; and

Whereas existing systemic barriers is a major issue as to why Black and racialized members cannot attend Regional Meetings where elections for four provincial equity committees take place; and

Whereas the members of the Indigenous Circle, a fifth provincial equity committee, has proven that self-selection is a way to ensure that a diversity of identities are maintained inside an equity group; and

Whereas Committee status can provide benefits to both the equity group seeking it and to OPSEU/SEFPO as a whole;

Therefore Be It Resolved That OPSEU/SEFPO recognizes the Coalition of Racialized Workers (CoRW) within the Constitution as a constituted body and that Article 19 of the OPSEU Constitution be amended with the addition of Section 19.7 to read as follows:

19.7 There shall be a Coalition of Racialized Workers Committee composed of two (2) members from each Region where they are represented within the Region. The Members of the Coalition of Racialized Workers Committee shall be selected by the Coalition of Racialized Workers Committee from interested members who apply to fill vacancies within their Region. The full membership of the Coalition of Racialized Workers Committee will be renewed on a biennial basis. The function of the Coalition of

Racialized Workers Committee shall be to assist in creating networks within the Regions, to develop and promote programs Black and racialized members to participate in Union activities, and to increase the awareness and understanding of issues that impact Black and racialized members throughout the membership.

Therefore Be It Further Resolved That Articles 13.4, 13.8, and 14.5.4 be amended as follows (changes noted in bold and underlined):

Article 13.4 (4)

The Members of the Provincial Women’s Committee and the Provincial Human Rights Committee and the Provincial Young Workers Committee and the Provincial Francophone Committee, and one Member of the Indigenous Circle per Region, and one Member of the Coalition of Racialized Workers Committee per Region, shall be entitled to be delegates.

Article 13.8

13.8 Resolutions and constitutional amendments may be submitted by any Local, Area Council or Division, by the Executive Board, by the Provincial Women’s Committee, by the Provincial Human Rights Committee, by the Provincial Young Workers Committee, by the executive of the Retired Members’ Division, by the Provincial Francophone Committee, and by the Indigenous Circle and by the Coalition of Racialized Workers Committee.

Article 14.5.4

14.5.4 Delegates to Regional election meetings shall be provided with a financial statement showing the expenses incurred during the previous fiscal year by the regional Board Members, the Provincial Women’s Committee, the Provincial Human Rights Committee, the Provincial Young Workers Committee, the Indigenous Circle and the Coalition of Racialized Workers Committee.

 

H11

Articles 4, 7, 14, 15, 21, 24, and 29 – Commitment to Dismantling Racism

(Submitted by the Executive Board)

Whereas OPSEU/SEFPO recognizes that anti-Black racism, anti-Indigenous racism, and all forms of racism is a barrier to prevents its membership from full participation; and

Whereas OPSEU/SEFPO has a long term commitment to dismantling anti-Black racism, anti-Indigenous racism, and all forms of racism in all of its systems and structures; and

Whereas recommendations # 14 of the OPSEU/SEFPO Social Mapping Project (SMP) is to create a comprehensive approach that will build equity awareness and skills within the various levels of its membership; and

Whereas recommendations # 7 and 15 of the OPSEU/SEFPO SMP requires that Board members, other leaders and newly elected leaders engage in and complete an Equity learning pathway in order to become champions of equity, diversity, and inclusion.

Therefore Be It Resolved That changes to Articles 4, 7, 14, 15, 21, 24 and 29 be made to the OPSEU/SEFPO Constitution; and

Be It Further Resolved That the applicable Articles in the OPSEU/SEFPO Constitution be amended as follows with changes outlined in bold.

Article 4 Aims and Purposes

4.1 The aims and purposes of the Union shall be:

1. To regulate labour relations between the Members and their employers and managers, said labour relations to include the scope of negotiation, collective bargaining, the enforcement of collective agreements and health and safety standards, and the safeguarding of human rights;
2. To organize, sign to membership, and represent employees in Ontario;
3. To advance the common interests, economic, social and political, of the Members and of all public employees, wherever possible, by all appropriate means;
4. To bring about improvements in the wages and working conditions of the membership, including the right of equal pay for work of equal value;
5. To work for and defend members to ensure that our workplaces are safe and free from harassment and discrimination
6. To actively identify and dismantle anti-Black racism, anti-Indigenous racism, and all forms of racism and discrimination within its systems and structures so that all members have full access to services and can fully  participate in the union;
7. To promote and defend the right to strike;
8. To promote full employment and an equitable distribution of wealth within Canadian and international society;
9. To co-operate with labour unions and other organizations with similar objectives in strengthening the Canadian labour union movement as a means towards advancing the interests and improving the well-being of workers generally in Canada and internationally;
10. To promote justice, equality, and efficiency in services to the public;
11. To strengthen, by precept and example, democratic principles and practices both in the Canadian labour union movement and in all manner of institutions, organizations, and government in Canada and internationally.

Article 7 Membership Rights

7.2.2 A member may be removed from office and/or barred from running for office for a specified term by a two-thirds majority vote of the Executive Board after a finding of a breach of OPSEU/SEFPO’s Harassment and Discrimination Prevention Policy (HDPP). 

Upon release of the final investigation report that details the finding of a breach of OPSEU/SEFPO’s HDPP, the Executive Board will meet within two weeks of the release of the final report and make a determination on the member’s status.

Article 14 Election and Removal of Executive Board

14.7.2 The Member-elect shall take the following oath during the Convention immediately following his/ her election:

• I,                          , promise that I will uphold and obey the Constitution and duly-authorized policies of the Ontario Public Service Employees Union, fulfil the obligations and responsibilities of my office to the best of my ability, and promptly deliver to my successor all monies, records, and other property of the Union in my possession at the close of my term in office.

I further promise to uphold the union’s commitment to dismantling anti-Black racism, anti-Indigenous and all forms of racism and discrimination, and will actively participate in all OPSEU/SEFPO approved trainings and/or initiatives that are made available to the membership.”

Where any Member-elect is not able to take the oath at the Convention, it may be administered by the President at a Board meeting, but such Member-elect shall not be, or act as, a Member of the Board until the oath has been taken. Each Member-elect of the Board shall be required to take the oath, regardless of whether s/he has previously served on the Board.

Article 14.10  Upon every election to any of the above mentioned bodies (Executive Board, the Provincial Women’s Committee, the Provincial Human Rights Committee, the Provincial Young Workers Committee, the Provincial Francophone Committee, and the Indigenous Circle), all elected officials are required to participate in mandatory, OPSEU/SEFPO approved dismantling anti-Black racism, anti-Indigenous trainings within 60 days of assuming office. 

Article 15 Vacancies

Article 15.7 Upon assuming an office declared a vacancy, the newly elected representative is required to take mandatory OPSEU/SEFPO approved dismantling anti-Black racism, anti-Indigenous trainings within 60 days unless already taken in this election cycle.

Article 21 Divisions

21.5 Elections

21.5.1 Upon election to the above noted divisions (Occupational Divisions, Ministry and Sector Divisions, Retired Members’ Division, Divisional Councils) all elected officials are required to participate in mandatory, OPSEU/SEFPO approved dismantling anti-Black racism, anti-Indigenous trainings within 60 days of assuming office unless already taken in this election cycle. 

21.5.2 Where there is a vacancy, the newly elected representative is required to participate in mandatory, OPSEU/SEFPO approved dismantling anti-Black racism, anti-Indigenous trainings within 60 days unless already taken in this election cycle.

Article 24 Negotiation and Ratification Procedures

24.1.4 Upon election to a bargaining team, all members are required to participate in mandatory, OPSEU/SEFPO approved dismantling anti-Black racism, anti-Indigenous trainings as part of their bargaining team training.  This must be completed prior to any work being done by the bargaining team.  

Article 29 Bylaws for Local Unions

29.4 Elections

Article 29.4.4 Upon election to any position within the local, all local elected representatives are required to participate in mandatory, OPSEU/SEFPO approved dismantling anti-Black racism, anti-Indigenous trainings within 60 days of assuming office. 

Where there is a vacancy, the newly elected representative is also required to participate in mandatory, OPSEU/SEFPO approved trainings within 60 days of assuming office unless already taken in this election cycle.

29.9 Oaths

29.9.1 All Officers elected at the Local or Unit level shall take the Oath of Office prescribed in Article 14.7 before being allowed to take office. The oath shall be administered at a general membership meeting or at a meeting of the LEC.29.9 Oaths

29.9.2 All Shop and Unit Stewards shall take the following oath before being allowed to take office. The oath shall be administered at a general membership meeting or at a meeting of the LEC, or by submitting a signed copy, to be read aloud at a general membership meeting:

• “I,             , promise that I will uphold and obey the Constitution and policies of the Ontario Public Service Employees Union and the Bylaws of my Local, work with the Officers of the Local to represent the members, and fulfil the obligations and responsibilities of my elected position as Steward to the best of my ability.”

I further promise to uphold the union’s commitment to dismantling anti-Black racism, anti-Indigenous racism, and all forms of racism and discrimination, and will actively participate in any OPSEU/SEFPO approved trainings and/or initiatives that are made available to the membership

29.9.3 Every new Member shall, as part of his/her application for membership in the Union, be required to sign a declaration containing the following words:

• “I,             , solemnly promise to uphold and obey the Constitution and Bylaws of this Union, to assist my fellow members to improve their economic, political, and social conditions, to uphold the principles of democracy and fair play, and to do no deliberate wrong or harm to any other member of this Union.”

I further promise to uphold the union’s commitment to dismantling anti-Black racism, anti-Indigenous racism and all forms of racism and discrimination, and will actively participate in any OPSEU/SEFPO approved trainings and/or initiatives that are made available to the membership. 

Every such declaration must be witnessed by a person who may be a member of the Local, an employee of the Union, or any other representative of the Union duly authorized by it.

29.9.4 It shall be the duty of all Officers and Members to uphold their respective oaths and failure to act in accordance with them shall be deemed to be contrary to the Constitution.

H12

Articles 1 through 31 – Gender Neutral Language

(Submitted by the Executive Board)

Whereas the OPSEU/SEFPO Constitution has gender specific references throughout the entire document.

Therefore be it resolved that the OPSEU/SEFPO Constitution be amended to use gender neutral language throughout the entire document.