Constitution & Bylaws Resolutions As Submitted

The Union of National Employees will amend Bylaw 2, Section 19 to read as follows:

Bylaw 2 Sec 19

The national vice-president for occupational health and safety will:

a)      be responsible for the occupational health and safety objectives for the  membership of UNE;

b)      be the point of contact for UNE members for National Policy Health and Safety committees;

c)      co-ordinate the efforts of the national executive standing committee on occupational health and safety;

d)      preside at all meetings of the national executive standing committee on occupational health and safety;

e)      attend all meetings of the national executive;

f)       participate in committee meetings of the national executive when required;

g)      co-chair with the National Executive Vice President of UNE at the UNE Health and Safety Conference, in each convention cycle;

h)      submit a written report of that officer’s activities at each meeting of the national executive. This report forms part of the minutes of national executive meetings;

i)       file a report to the national executive on the vice-president’s activities and recommendations four months prior to the UNE Triennial Convention. This report is forwarded to the national executive and to local presidents and convention delegates;

j)       provide advice to the UNE National Executive on occupational health and safety issues;

k)      approve all official communications by the national executive standing committee on occupational health and safety;

l)       take responsibility for occupational health and safety communication strategies;

m)     take on responsibility of the chair in the event the national president, national executive vice-president and national vice-president for human rights are absent from a national executive meeting

n)      assume the responsibility of chairing the conference and /or convention in the event the national president, the national executive vice-president and national vice-president for human rights leave the podium during a convention and/or conference

o)      perform other duties assigned by the national president or the national executive.

The Union of National Employees will amend Bylaw 2, Section 18 to read as follows:

Bylaw 2 Sec 18

The national vice-president for human rights:

a)    is responsible for human rights and equity issues in the UNE;

b)    establishes and maintains contact with the human rights regional representatives;

c)    co-ordinates the efforts of the human rights committee;

d)    presides at all meetings of the human rights committee;

e)    attends all meetings of the national executive;

f)     participates in committee meetings of the national executive when required;

g)    presides at the UNE Human Rights Conference;

h)    represents the UNE on the PSAC Human Rights committee;

i)     submits a written report of that officer’s activities at each meeting of the national executive. This report forms part of the minutes of national executive meetings and is forwarded to the members of the human rights committee and all locals of the UNE;

j)     files a report to the national executive on the vice-president for Human Rights’ activities and recommendations four months prior to the UNE Triennial Convention. This report is forwarded to the national executive and to local presidents and convention delegates;

k)    recommends, on behalf of the committee, the expenditure of the human rights committee budget;

l)     provides advice to the UNE on human rights and equity issues;

m)  approves all official communications by human rights regional representatives;

n)    takes responsibility for human rights communication strategies;

o)    ensures that the assistant national vice-president for human rights is informed of all matters relevant to the human rights committee and the UNE; and

p)    performs other duties assigned by the national president or the national executive.

q)    In the event the national president and national executive vice-president are absent from a national executive meeting, the national vice-president for human rights will take on the responsibility of the chair;

r)     In the event the national president and the national executive vice-president leave the podium during a convention and/or conference, the national vice- president for human rights will assume the responsi­bility of chairing the conference and/or convention.

The Union of National Employees will abolish Bylaw 2, Section 27 (Term Limits for all nationally and regionally elected officers) commencing in the UNE Convention cycle of 2026-2029.

Bylaw 2 Sec 27

Tenure

No member may be elected to the same UNE, national or regional officer position for more than two consecutive terms.

Because term limits do not exists in other UNE structures or in any PSAC national or regional positions, or in any other component, under the charter of the PSAC Constitution.

The Union of National Employees will allow locals with 4-100 members to send 2 delegates to the UNE Conventions.

Bylaw 6 Sec 10

Election of delegates

At least four months prior to the opening date of the UNE National Convention, each local that has met the requirements of Bylaw 3, Sections 4 and 11; Bylaw 3, Section 5; and Bylaw 5, Section 9 will elect from among members at a general meeting an accredited delegate to the convention. The number of delegates per local is based on the number of members in good standing in the local six months prior to the opening date of the convention:

a)   four to 100 members = one two delegates;

b)   one accredited delegate for each 100 members or portion thereof to a maximum of five delegates for any given local.

Because union engagement is difficult, and when a local is small it is even more difficult to get people involved. With only one delegate allowed, new members may not get the chance to participate as it is usually more experienced members who are elected to attend;

Because convention can be overwhelming for new members, and it would be a chance for more experienced members to mentor less experienced members and help them to become more involved; and

Because if there are 2 members, they can attend more caucuses and gather more information to take back to the local.

The Union of National Employees will immediately terminate the salary of the National President and National Vice President if the Component is placed into trusteeship and return the National President and National Vice President to their substantive positions held immediately prior to being elected to serve as National officers.

Because once placed into trusteeship, by the Public Service Alliance of Canada (PSAC), the PSAC takes control of the component until they release the component from trusteeship;

Because the National President and National Vice President are still being paid compensation in times of trusteeship while all other national executive positions are suspended; and

Because the National President and National Vice President are unable to perform their duties to ensure that members of the national executive carry out their duties and deal promptly and appropriately with matters submitted to them by the membership or by national officers.

THE PSAC NATIONAL PRESIDENT RULED THIS RESOLUTION OUT OF ORDER. PSAC Regulation 18 on Trusteeship and Administration confirms the authority of the PSAC National Board of Directors (NBoD) to place a union body in trusteeship/administration and the terms of the trusteeship/administration. To terminate the salary of the paid national officers during this period is a punitive measure, which would be the result of a disciplinary action, resignation, loss of election, or some other judgement. As confirmed in Regulation 18, trusteeship/administration are not punitive measures. Further, there could be a role for these officers in the trusteeship; in administration, they would remain in office. The Component Bylaws being suspended during trusteeship, all executive positions are vacated. Within UNE, the fact that the National President and National Vice-President are the only full-time paid positions (and the other positions not) does not mean that they need to automatically be removed from office. Any removal from office would come as a result of a formal process; it would not be as described in this resolution.

The Union of National Employees will amend Bylaw 6, Section 1 as follows: 

Bylaw 6 Sec 1   
Triennial National Convention  
The supreme governing body of the UNE, consistent with its area of jurisdiction as provided by the PSAC Constitution, is the Triennial National Convention.  

The convention will deal with all resolutions and matters brought before it by:  
• Local meetings; A local with supporting minutes; or  
• The national executive; or  
• The Human Rights Committee. • Any member in good standing who has obtained the signature of five other members in good standing of the UNE.

Because the PSAC Constitution requires that Component Bylaws be fully consistent with the PSAC Constitution;

Because Section 17, Sub-Section (6)(b) of the PSAC Constitution defines the bodies that are recognized to submit resolutions to PSAC Convention. All the bodies listed are those having decision making power, in accordance with their by-laws where decisions are enacted by a motion and vote and recorded in minutes and reported to their membership. These bodies are therefore accountable to their membership for the decisions rendered;

Because National Presidents have ruled out of order resolutions that have not been passed by a motion and vote at a recognized submitting body and documented in meeting minutes.

Because individual members have no authority to submit resolutions to PSAC Convention;

Because the deleted bullet provides a small group of members with the power of a decision-making body, with none of the necessary accountability; and

Because presently the UNE Human Rights Committee cannot submit resolutions to UNE convention.

The Union of National Employees will review the structure of the UNE and the effectiveness of the current regional system with intent to unify the responses put forward to manage actions regarding multi-region sectors.

Because employers such as the Passport Program use the regional structure of the UNE to leverage their position by advancing their mandates in regions where UNE representation is not familiar with the program.

Because the current regional structure has inequitable/unbalanced representation at the national executive and at convention. This includes regional seminars.

The Union of National Employees shall have a National Executive that is compensated on a full-time basis using the following compensation rates:

President: 100% of the formula specified in Policy NEN 1.

National Executive Vice-President: 85% of the formula specified in Policy NEN 1, Section 1.

National Executive Vice-President, National Vice-President for Human Rights, National Vice-President for Occupational Health and Safety and Regional Vice-Presidents:  80% of the formula specified in Policy NEN 1, Section 1.

Please note: costs will have to be calculated for this matter, but the salary according to this calculation would be of $108,000 X 13 positions, or $1,414,400 per annum, less the replacement of the salary for existing expenses, which means that the salary cost for this resolution is approximately $1,300,000 per annum, allocated over an average of 23,000 members. According to the average salary of a member, i.e. $56.52 per annum or $4.71 per member per month, an increase of approximately 16% of the portion of component dues of the total PSAC dues.

The Union of National Employees shall modify Section 27 of Bylaw 2:

No member may be elected to the same UNE, national or regional officer position for more than two consecutive terms.

Because these individuals have acquired experience in the union and created professional ties that help make progress in files to the benefit of all members because they understand them more and more and they are respected by the employer;

Because we mustn’t discourage those who want to get involved and participate over the long-term as they are democratically elected;

Because this doesn’t stop a new person from wanting to get involved, participate and be elected.

The Union of National Employees will mandate the relocation of Full Time Paid National Officers must occur with a temporary location in the National Capital Region within 30 days of election, and obtain a lease/rental agreement, or purchase agreement within 120 days of election, or the elected officer will be deemed as vacated.

Because nominees for these positions are aware of the conditions and attest that they are willing to move to National Headquarters. (Moving to Ottawa is a condition of employment laid out in our Governance Documents)

Because pandemic conditions have changed, and in-person meetings are occurring. We cannot continue to rely on only virtual communications. 

The Union of National Employees will amend Bylaw 2, Section 1, the Composition of the National Executive; namely the removal of the national position of Occupational Health and Safety, and amend all the Bylaws, Policies and Governance Documents associated with this change and the UNE will amend this resolution immediately upon its adoption and prior to Election of National Positions at the 2023 UNE Triennial Convention.

National executive

Bylaw 2 Sec 1

Composition      

The national executive is composed of the national president, the national executive vice-president, the national vice-president for human rights, the national vice-president for occupational health and safety and eleven regional vice-presidents.

Because UNE Labour Relations Officers already perform the work, with occasional assistance from other staff professionals from PSAC;

Because this position is in a state of redundancy, owing to full time PSAC Occupational Health and Safety Officers in each and every PSAC Region, advising components and DCL’s on specific matters in workplace health and Safety;

Because this specialized work is also being done by PSAC Regional Representatives, as point of contact and referral in each PSAC Regional Office, and can be construed as performing bargaining unit work of PSAC bargaining unit work of PSAC unionized staff; and

Because the reduction of this one UNE National Executive position will give UNE regions the possibility to send additional regional UNE delegates to the following PSAC Triennial Convention. 

The Union of National Employees will amend the language in Bylaw 6, Sec 10 by removing the struck-out words from “each local that has met the requirements of…will elect” and replacing it with “shall be entitled to send an accredited delegate to the convention”.

Because these amendment give locals the choice and flexibility to either elect or appoint Delegates and Alternates to convention, in a way that best suits their needs. This language is consistent with the PSAC Constitution that allows locals to choose how they wish to select their Delegates for PSAC regional conventions. By contrast, the current language in the UNE Bylaws makes it a requirement that Delegates and Alternates be elected.

Because as small locals can only send one Delegate, it is an administrative burden to run these elections when the people who traditionally attend are the local President or another member of the local executive. Amending this language, places the decisions making back in the hands of the local, and enables them to better direct how Delegates and Alternates will be selected for themselves.

THE PSAC NATIONAL PRESIDENT RULED THIS RESOLUTION OUT OF ORDER. The PSAC Constitution requires that delegates to the PSAC National Convention are elected, and there are rulings from Previous National Presidents confirming the requirement for delegate election. Unless bylaws explicitly state that an executive officer is an automatic Convention delegate by virtue of their union position, union bodies are required to elect their delegates to Convention.

The Union of National Employees will amend Bylaw 6, Sec 11 by removing the struck-out words from “Each local will elect alternates to attend National Convention” and replace it with “each local shall be entitled to send Alternates to attend National Convention…”

Because these amendments give locals the choice and flexibility to either elect or appoint Delegates and Alternates to conventions, in a way that best suits their needs. This language is consistent with the PSAC Constitution that allows locals to choose how they wish to select their Delegates for PSAC regional conventions. By contrast, the current language in the UNE Bylaws makes it a requirement that Delegates and Alternates be elected.

Because as small locals can only send one Delegate, it is an administrative burden to run these elections when the people who traditionally attend are the local President or another member of the local Executive. Amending this language, places the decisions making back in the hands of the locals, and enables them to better direct how Delegates and Alternates will be selected for themselves.

THE PSAC NATIONAL PRESIDENT RULED THIS RESOLUTION OUT OF ORDER. As the PSAC Constitution requires that delegates to the PSAC National Convention are elected, so too must alternates, as they are replacing delegates when required. There are rulings from Previous National Presidents confirming the requirement for delegate election. Unless bylaws explicitly state that an executive officer is an automatic Convention delegate by virtue of their union position, union bodies are to elect their delegates to Convention.