Received in accordance with Article 13.8 of the OPSEU/SEFPO Constitution
Resolutions Submitted by the Deadline of March 3, 2023
Submitting Bodies (Ministry and Sector, Division, Locals, Area Councils, Executive Board, and Provincial Committees)
Resolutions Committee – 2023
Region 1 – Darryl Bedford Member
Region 2 – Julie Chambo Member
Region 3 – John Shirk Member
Region 4 – Christine Kelsey Member
Region 5 – Rod Bemister Member
Region 6 – Kim Kazur Chair
Region 7 – Jody Tsubouchi Vice Chair
Joel Usher Executive Board Member
Mary Kalliontzis OPSEU/SEFPO Staff Advisor
Enrico De Matteo Secretary
Resolutions Committee Report
March 3, 2023
1. Resolutions Received from Submitting Bodies (Ministry and Sector, Division, Locals, Area Councils, Executive Board, and Provincial Committees):
No. of Resolutions Received: 291
No. of Resolutions Referred to Constitutional Committee 0
No. of Resolutions Rejected*: 48
No. of Resolutions Accepted: 243
* Resolutions are rejected because of failure to meet the requirements outlined in “Your Guide to Resolutions and Constitutional Amendments”, i.e. resolution is already policy, failing to meet the deadline, improperly voted, or the subject is deemed to be a bargaining issue, etc. The Committee voted on each rejection.
2. Section G – Resolutions:
Resolutions that were received by the deadline of March 3, 2023, and accepted by the Committee are in the Resolutions Book – Section G, categorized by subject. Identical or similar resolutions are only printed once in the book, but with all other submitting bodies clearly identified.
All Delegates are encouraged to review the Resolutions Book prior to Convention.
3. Report of the Resolutions Committee:
This year, the first report of the Resolutions Committee will be in your Convention kits.
4. Emergency Resolutions to Convention:
An Emergency Resolution to Convention is a motion which is:
- truly unexpected; and
- urgent; and
- of great importance to the Convention
- and it is NOT an issue that could have been foreseen prior to the resolution deadline date and submitted in the proper manner.
As such, if an issue arises, please provide your Emergency Resolution in writing with a rationale, to any member of the Resolutions Committee. The Committee will assess each Emergency Resolution on its’ merits and make appropriate recommendations to the Chair of the Convention.
“Emergency Resolutions Guidelines” are included in your registration kit.
5. Alternative Format:
A Large Print version of Section G has been prepared and is available on request. Please contact the Convention Office at convention@opseu.org to obtain a copy.
6. Where do you find the Committee at Convention?
The Resolutions Committee will be available from 8:30 – 9:00 a.m. during Convention. The committee will be located in the Halton Room at the Intercontinental Hotel.
7. Activities of the Committee since last Convention:
(a) The Committee met in February to participate in training for all members of the Committee, review all current documentation (policies, procedures, terms of reference), and to schedule Committee activities for March and April.
(b) The Committee met in March to read and discuss each resolution submitted to Convention. The Committee determined a response to each resolution (recommendation), ensuring that all submissions met resolution criteria, in order to create this section.
If you have any questions, please feel free to contact the Resolutions Committee member for your region. We wish you a great Convention.
In solidarity, Authorized for Distribution:
Kim Kazur JP Hornick
Chairperson President
Resolutions Committee
Resolutions Committee Terms of Reference
OPSEU Convention Policy, Section 4
- Upon receipt of proposed resolutions, where several identical or nearly identical resolutions are submitted, select one of such resolutions as being representative of all, and print only that resolution in the Convention manual, taking care to identify all locals that submitted such resolutions.
- Examine all proposed resolutions having collective bargaining implications, determine which are specific contract demands (as opposed to general bargaining objectives of the Union,) and to refer such specific contract demands back to the submitting body with the recommendation that they be presented at demand setting meetings.
- Omit from the Convention manual those resolutions that are submitted contrary to Article 13.8, namely, late resolutions 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 resolution was presented and voted upon separately.
- When preparing the report to Convention, the Committee may check with the originating body when the intent is not clear, so that a resolution can be clarified by changing words but not intent.
- Combine similar resolutions into one resolution encompassing the spirit of several or prepare composite resolutions which may be the sum of several resolutions (but which may be different from any of the submitted resolutions,) and thus attempt to build the broadest consensus for a complete policy resolution.
- Divide the resolutions into categories (such as internal, economics, politics, industrial relations, etc.) and within categories, assign priorities on the assumption that there may not be time to deal with all resolutions in every category.
- Make recommendations to the Chairperson of the Convention on the classification of emergency resolutions. To be classified as “Emergency,” a resolution must deal with a matter that is urgent and important and unexpected.
- Resolutions submitted that are already OPSEU policy, shall be returned to the submitting body.
Statutory Resolutions
A1 Statutory Resolutions
Submitted by the Executive Board
Whereas OPSEU/SEFPO was incorporated in 1927 as a corporation without share capital under part III of the Ontario Corporations Act (OCA); and
Whereas the Ontario Not-for-Profit Corporations Act (“ONCA”) came into force in October 2021, replacing the OCA as the legislation that governs OPSEU/SEFPO as a non-profit corporation operating in Ontario; and
Whereas the ONCA requires OPSEU/SEFPO to file articles of continuance in order to continue as a non-profit corporation under its existing Constitution and by-laws;
Therefore be it resolved that OPSEU/SEFPO take all necessary steps to file articles of continuance or such other applications as are required to continue the corporation as a non-profit corporation under the Ontario Not-for-Profit Corporations Act in accordance with the OPSEU/SEFPO Constitution and by-laws;
Be it further resolved that the Executive Board refer constitutional amendments to the Constitutional Committee to amend references to the Corporations Act to refer to the Not-for-Profit Corporations Act, and to add to the history of OPSEU/SEFPO contained in the preamble of the Constitution;
Be it further resolved that the Executive Board refer the following resolution to Convention:
Whereas OPSEU/SEFPO was incorporated in 1927 as a corporation without
share capital under part III of the Ontario Corporations Act (OCA); and
Whereas the Ontario Not-for-Profit Corporations Act (“ONCA”) came into force
in October 2021, replacing the OCA as the legislation that governs OPSEU/SEFPO as a non-profit corporation operating in Ontario; and
Whereas the ONCA requires OPSEU/SEFPO and other non-profit corporations to file articles of continuance in order to continue as a non-profit corporation with its existing Constitution and by-laws;
Therefore be it resolved that OPSEU/SEFPO take all necessary steps to file articles of continuance or such other applications as are required to continue the corporation as a non-profit corporation under the Ontario Not-for-Profit Corporations Act in accordance with the OPSEU/SEFPO Constitution and by-laws.
A2 Statutory Resolutions
Submitted by the Executive Board
Therefore be it resolved that the Executive Board refer the following statutory resolution to Convention, in accordance with the requirements of the Ontario Not-for-Profit Corporations Act:
Be it further resolved that as required by s 17 of the Ontario Not-for-Profit Corporations Act, Convention confirms and approves the actions of the Executive Board that created or amended a bylaw of OPSEU/SEFPO, as reflected in the minutes of the meetings of the Executive Board from the closing of the last Convention until the closing of this Convention.
A3 Statutory Resolutions
Submitted by the Executive Board
Therefore, be it resolved that the Executive Board refer the following statutory resolution to Convention, in accordance with the requirements of the Ontario Not-for-Profit Corporations Act:
Be it resolved that in compliance with section 68 of the Ontario Not-for-Profit Corporations Act, MNP LLP is appointed Auditors of OPSEU/SEFPO for the fiscal year 2023 or until their successor is appointed.
Budget
B1
Submitted by the Provincial Women’s Committee also submitted by the Kingston Area Council, Nipissing Area Council, Ottawa Area Council & Provincial Young Workers Committee
Whereas the input of equity groups is quintessential to regional educational planning meetings and the equity groups are invited to attend the regional education planning meetings; and
Whereas their attendance is currently funded by their own equity budgets and the equity budgets are finite and best to promote activism.
Therefore be it resolved that the costs of equity committees and caucuses to attend regional educational planning meetings be covered in its entirety by the respective regional educational.
Collective Bargaining / Strike
C1
Submitted by Local 527 also submitted by the Greater Toronto Area Council, Nipissing Area Council, Provincial Human Rights Committee, Provincial Women’s Committee & Provincial Young Workers Committee
Whereas the definition of two-tiered bargaining, according to CUPE, is “which employers try to get union members to agree to different scales of compensation;” and
Whereas two-tiered collective agreements, according to the Institute for the Study of Labour, “include two tiers meaning that new hires receive lower wages, less job security, longer probationary periods, different pensions and benefits, or a combination of all four of these measures; and
Whereas two-tiered clauses present new hires with worse working conditions, wages and benefits than those negotiated for more senior members in the same jobs, for no reason other than their date of hire; and
Whereas our members are working side-by-side, being paid different rates of pay, with access to different benefits, and even different pensions upon retirement; and
Whereas OPSEU/SEFPO, under Article 4 in the OPSEU/SEFPO Constitution, is charged with “bringing about improvements in the wages and working conditions of the membership, including the right of equal pay for work of equal value.”
Therefore be it resolved that the OPSEU/SEFPO Executive Board, under Article 24 in the OPSEU/SEFPO Constitution, establish a regulation that stipulates all Local, Sector, Division, and Central bargaining teams actively avoid bargaining two-tiered clauses during rounds of bargaining and not present two-tiered collective agreements to their membership. for ratification, and
Be it further resolved that OPSEU/SEFPO Political Action & Education Division develop and provide to members of all Local, Sector, Division, and Central bargaining teams, within 8 months, training on the hazards of engaging in· two-tiered bargaining and best practices to follow that will reduce the likelihood of employers forcing two-tiered clauses as a response to bargaining priorities.
C2
Submitted by the Kingston Area Council
also submitted by the Nipissing Area Council, Ottawa Area Council, Provincial Women’s Committee & Provincial Young Workers Committee
Whereas OPSEU members currently face barriers to participation within their union as a result of language in their collective agreements which limits their participation; and
Whereas existing maximum entitlements for union member leave within collective agreements cause employers to restrict members ability to perform union work and unintentionally as a result, creates barriers, tension, and a situation where union members must fight amongst themselves to determine who and what is most worthy of these limited days leave; and
Whereas equity deserving members are often More likely to face barriers to participation, less likely to achieve high ranking positions within their local and the work of equity is often above and beyond that of responsibilities of the local, these union entitlements are more likely to limit the participation of equity deserving members.
Therefore be it resolved that OPSEU/SEFPO local, sector, and divisional bargaining teams and local presidents be trained on the importance regarding the removal of maximum caps for union leave within their collective agreements and evaluation of restrictive language interpretations that could result in barriers to members participation within their union.
C3
Submitted by Local 526 also submitted by Local 532
Whereas open bargaining is a union negotiation procedure where contract engagement between workers and their employer is conducted in transparent meetings open to all members of the union’s bargaining unit.
Whereas open bargaining has shown its abilities to win stronger contracts and more engaged members. Open bargaining is a key lever for rebuilding robust worker participation.
Whereas the decision to engage in open bargaining will be determined by the membership of the bargaining unit, and that ground rules for member participation will be created.
Whereas experiencing change first-hand is an empowering process for our members, one that strengthens their resolve to be creative and innovative in the struggle to improve workers’ rights.
Therefore be it resolved that OPSEU/SEFPO will include ‘open bargaining’ as part of the union’s education training to members; and
Be it further resolved that OPSEU/SEFPO will support any bargaining unit which chooses to engage in open bargaining.
C4
Submitted by Local 532
Whereas the Government of Ontario has been experiencing significant staffing concerns with the hiring and retention of Designated Bilingual (French) staff for many years, even before the pandemic, and this has been exacerbated in recent years
Whereas the Government of Ontario is mandated to deliver services in French in designated French-language regions and the lack of a pay premium leads to staffing issues that create challenges in meeting this mandate.
Whereas other governments, especially the Federal Government, provide a pay premium to Designated Bilingual Staff
Whereas the lack of a pay premium and its ramifications (staffing issues) have had adverse effect upon designated bilingual staff
Therefore be it resolved that OPSEU/SEFPO will support a pay/salary premium in future collective agreement negotiations with the Ontario Government for Designated Bilingual Staff to reflect the additional skills required for this position, and in order to support the government’s mandate to delivery French language services in the designed regions.
Dues/Rebate
D1
Submitted by Local 5112
Whereas all earnings of OPSEU members currently attract a 1.375% dues levy; and
Whereas collective agreements have shown little net wage growth in recent years and have been subject to government wage suppression measures over the life of this and the previous several governments; and
Whereas we owe one another, as Union brothers and sisters, the practical support that we can lend one another;
Therefore be it resolved that overtime earnings shall no longer attract the dues levy.
Education
E1
Submitted by Local 526 also submitted by the Kingston Area Council, Nipissing Area Council, Provincial Women’s Committee, Provincial Young Workers Committee & Thunder Bay and District Area Council
Whereas we belong to a bilingual union defined as OPSEU/SEFPO; and
Whereas OPSEU/SEFPO Constitution Article 19.4 indicates that the Francophone Committee is to develop and promote programs to encourage Francophones to participate in activities and to increase the awareness and understanding of Francophone issues; and
Whereas OPSEU/SEFPO produces English and French documentation on its Website, Communiques etc…; and
Whereas a French course is rarely provided for Francophones at Regional Educational which is detrimental and discriminatory to the Francophone membership and to their participation in OPSEU/SEFPO activities.
Therefore be it resolved that OPSEU/SEFPO provide a minimum of 2 educationals in French per year with a minimum of 2 courses per educational. These educationals will be province wide and available to all members, either in person and/or virtual/hybrid; and
Be it further resolved that the determination of which courses are offered will be decided upon by the Provincial Francophone Committee, with the first of these educationals being run before the end of 2023.
E2
Submitted by Local 557
also submitted by Local 503, Local 553, Local 557, Local 568, Local 586 & Greater Toronto Area Council
Whereas in November 2022 the Ford government refused to bargain fair wages and adequate staffing levels to address the crisis Ontario’s schools with Ontario education workers represented by CUPE/OSBCU, OPSEU/SEFPO and other bargaining agents; and
Whereas the Ford government instead passed unprecedented legislation (Bill 28) that preemptively invoked the constitution’s “notwithstanding clause,” suspended CUPE/OSBCU’s right to strike and imposed a concessionary contract, which represented a clear threat to the constitutionally protected right to free collective bargaining – including the right to strike – of all Ontario workers; and
Whereas the Ford government only backed down and repealed Bill 28 after a provincewide walkout by CUPE and OPSEU education workers and the threat of a provincewide general strike by the OFL and the heads of Ontario’s major public and private sector unions; and
Whereas the Ford government has clearly indicated its determination to use every means at its disposal to impose its agenda of concessionary bargaining, privatization and cuts to public sector jobs and services; and
Whereas to meet this existential challenge, all unions need to rebuild our capacity to engage, organize and mobilize our members, to support escalating provincewide workplace and political actions to defeat Ford’s austerity agenda and defend good jobs, fair wages and quality public services for Ontario workers and our communities;
Therefore be it resolved that OPSEU/SEFPO will develop and roll out both a Building a State of Readiness tool kit/manual and a Building a State of Readiness leadership workshop for local, sector, divisional, regional, equity and area council leaders, and
Be it further resolved that a central objective of the “Building a State of Readiness” tool kit and workshop will be to increase our collective capacity to defend OPSEU/SEFPO members jobs, wages and working conditions and to rapidly mobilize our collective power to take whatever steps are necessary to bargain fair contracts, defend quality public services and defeat the Ford government’s austerity agenda.
E3
Submitted by the Retirees’ Division
also submitted by the Thunder Bay and District Area Council
Whereas ageism has serious impacts and therefore needs to be understood and addressed. Despite more awareness of ageism in recent years, its prevalence remains deeply ingrained in stereotypes, behavior and government policies; and
Whereas ageism underpins many of the current dysfunctional approaches in elder care. The voices, choices and engagement of elders, are neither respected nor valued by decisions makers; and
Whereas ageism can pit one generation against each other, can devalue or limit our ability to benefit from what the older generation can contribute and can reduce opportunities for health, longevity and well-being while also having far-reaching economics consequences; and
Therefore be it resolved that OPSEU with the CLC, OFL, NUPGE, OFUR and CURC, will encourage and support the development of union policies that will support the rights of aging and older persons.
Executive Board
EB1
Submitted by the Executive Board
Therefore be it resolved that the Executive Board refer the following resolution to the OPSEU/SEFPO Convention 2023:
Whereas the cost of groceries, gas and basic goods in Ontario is spiraling out of control and wages are not keeping up; and
Whereas the Ford government’s Bill 124 artificially suppressed wages, undermined free collective bargaining, and violated our charter rights; and
Whereas the Ford government cancelled real rent control, allowed 42% of condos in Ontario to be bought as for-profit investments, has built no new affordable housing and has stood by while Ontarians are evicted and foreclosed on; and
Whereas the Ford government has deliberately and systematically underfunded our public education and healthcare systems causing staff shortages, service cuts and increased user fees; and
Whereas it is time the Ford government ensures banks, corporations and top income earners in Ontario pay their fair share of taxes, closes tax loopholes, and fines those that don’t pay their taxes; and
Whereas the Ontario Federation of Labour has called on all of us to tell the Ford government that we are fed up with the rich getting richer, while workers struggle to get by;
Therefore be it resolved that OPSEU/SEFPO join with workers in every Ontario community to fight back through the Ontario Federation of Labour’s Enough is Enough! campaign; and
Be it further resolved that OPSEU/SEFPO members, in solidarity with other unionized, non-unionized and community members organize in every riding in Ontario; and
Be it further resolved that OPSEU/SEFPO support the Enough is Enough! Campaign to achieve these goals.
EB2
Submitted by the Executive Board
Therefore be it resolved that the Executive Board refer the following resolution to the OPSEU/SEFPO Convention 2023:
Whereas the Ford government enacted Bill 124 in 2019 to suppress free collective bargain and impose limits on public sector compensation; and
Whereas OPSEU/SEFPO and other unions challenged Bill 124 as unconstitutional in a multi-year legal battle; and
Whereas the Ontario Superior Court determined in November 2022 that Bill 124 substantially interfered with collective bargaining contrary to s 2(d) of the Canadian Charter of Rights and Freedoms and without justification; and
Whereas the Ontario Superior Court declared that Bill 124 is void and of no effect, and deferred the question of remedy to a later date; and
Whereas the Ontario government has taken the ill-advised step of appealing the Ontario Superior Court ruling;
Therefore be it resolved that OPSEU/SEFPO take all steps necessary to defend the rights of OPSEU/SEFPO workers and all workers across Ontario during the appeal of Bill 124; and
Be it further resolved that OPSEU/SEFPO workers are supported, organized, and mobilized to exercise their right to free association and their collective bargaining rights following the repeal of Bill 124; and
Be it further resolved that OPSEU/SEFPO take all necessary steps to address the damaging effects of this unconstitutional legislation, including activating all re-opener clauses and renegotiating all lost compensation in collective agreements that were affected by Bill 124.
EB3
Submitted by the Executive Board
Therefore be it resolved that the Executive Board refer the following resolution to the OPSEU/SEFPO Convention 2023:
Whereas Ontario’s healthcare system is in crisis, after decades of underinvestment and cuts; and
Whereas despite its population and wealth, Ontario consistently competes for last place among the provinces in terms of healthcare funding per capita; and
Whereas the Ford government has helped to manufacture the current crisis by underspending what was originally earmarked for healthcare by nearly $2 billion – during a global health pandemic, with emergency rooms closing amidst an ongoing staffing crisis – and by imposing the Bill 124 wage cap; and
Whereas the Ford government posted a $2.1 billion budget surplus last fall, while the Financial Accountability Office (FAO) projected six years of budget surpluses; and
Whereas it’s clear that the government has helped to manufacture the healthcare crisis in an effort to push a privatization agenda; and
Whereas the Ford government is moving to privatize hospital services by allowing private clinics – also known as Independent Health Facilities (IHFs) – to perform what they deem “easy” surgeries/procedures like hip and knee replacements, cataract surgeries, MRIs and CT scans and gynecological surgeries; and
Whereas this plan isn’t about finding “creative solutions” to solve the healthcare crisis – namely hallway healthcare, growing wait times, retention and recruitment issues across a variety of fields of medicine, severe short-staffing, burnout and mental health injury – but rather, it’s about providing untapped markets to corporations to profit off the sick and elderly, by charging fees and subsequently underpaying staff; and
Whereas the Ford government’s plan violates the core values of equality and accessibility, which are inherent to our public healthcare system, and threatens to worsen the staffing crisis, increase wait times and reduce access to healthcare for those least able to pay; and
Whereas Ontario should be investing in public solutions that improve patient and resident access and affordability – in hospitals, long-term care, home and community care, ambulance services, blood services and diagnostics, and mental health services; and
Whereas if the door is opened to private, for-profit clinics, it would spell the end of our public healthcare system;
Therefore be it resolved that OPSEU/SEFPO commit to fighting the Ford government’s privatization agenda by organizing in our workplaces, building spaces of solidarity with labour and community allies and taking action on the ground; and
Be it further resolved that OPSEU/SEFPO call on the provincial government to abandon its appeal of the Bill 124 court decision, commit to global health funding increases of 13.6 per cent, and a process of consultation around long-term health human resource planning to improve staffing levels, provide more full- time, permanent job opportunities, tackle the retention and recruitment crisis, and ensure the provision of high-quality public healthcare for all.
EB4
Submitted by the Executive Board
Therefore be it resolved that the Executive Board refer the following resolution to OPSEU/SEFPO Convention 2023:
Whereas the OPSEU/SEFPO Constitution provides the Executive Board with express authority to suspend members from membership in good standing or issue other sanctions in respect of certain conduct that is contrary to the Union’s interests and values: breach of the Union’s harassment and discrimination policy, participation in a raid or decertification, failure to step down from temporary management positions when required to do so, or strikebreaking; and
Whereas the OPSEU/SEFPO Constitution provides this authority with different terms and procedures, and does not provide any authority to sanction conduct that is not specified in the Constitution, regardless of how serious that conduct could be;
Therefore be it resolved that the President’s Office establish an ad hoc committee to undertake a review the Union’s Constitutional authority to sanction serious misconduct by members, including elected or appointed representatives of OPSEU/SEFPO; and
Be it further resolved that the ad hoc committee will be comprised of three Executive Board Members, as selected by the Executive Board, the First Vice- President/Treasurer or designate, and the President or designate, and will be supported by OPSEU/SEFPO staff and General Counsel; and
Be it further resolved that the ad hoc committee will report its findings and analysis to the OPSEU/SEFPO Executive Board no later than December 2023, in order that the Executive Board may refer any recommended Constitutional amendments or resolutions to OPSEU/SEFPO Convention 2024.
EB5
Moved by KAZUR/BEMISTER
Submitted by the Executive Board
Whereas the Alliance of Canadian Cinema, Television and Radio Artists (ACTRA), the union representing professional performers who make commercials in Canada, has endured a 11 month lock-out after they declined to renew the National Commercial Agreement, a colle