April 14 – 16, 2016
Metro Toronto Convention Centre, Toronto
Thursday, April 14, 2016 – Morning Session
President Thomas, called the Convention to order at 9:03 a.m.
Statement of Respect – video played
The President welcomed all Delegates, Alternates, Observers and Guests to the 41st Annual Convention, the highest decision-making body of OPSEU.
Moment of Silence
A Minute of Silence was observed in memory of all those who have passed away since our last Convention, Staff That have passed away in the last year are Sister Tina Furman, Administrative Assistant, Head Office and Sister Virgery Vanier, Staff Rep, Niagara Regional Office.
All participants joined in singing O Canada.
Andrea Horwath, Ontario NDP leader addressed the Convention.
Chris Buckley, President, OFL, addressed the Convention. He was joined by Gord Wilson, former OFL president (1986 to 1997). He was also joined on stage by Patty Coates, Secretary-Treasurer and Ahmad Gaied, Executive Vice-President, OFL.
Mike Layton (on behalf of Janet Davis), Toronto City Councillor, brought greetings from Toronto City Council welcoming OPSEU attendees.
General announcements were made on events and services available at Convention. (Video)
Electronic Voting
A motion was passed at the 2015 Convention to explore electronic voting at the 2016 Convention. Michael O’Shea showed video on the “how to’s” of electronic voting. Questions were addressed.
President Thomas introduced the head table:
- Eduardo Almeida, First Vice-President/Treasurer
- Maria Wysocki, Procedural Advisor
- Michael Grimaldi, Constitution and Rules of Order Advisor
- Sherry Bader, Recording Secretary
- Nicole Glass, A/Corporate Secretary/Backup Recording Secretary
President Thomas made two announcements: 2nd “OPSEU’s Got Talent Night” on Thursday evening and Comedy Night on Friday.
Credentials Committee Report
Introduction of Credentials Committee
Region 1 – Ian Magcale, L. 105
Region 2 – John Dickson, L. 248
Region 3 – Erika Warnes, L. 356
Region 4 – Tara Langford, L. 435
Region 5 – Anthony Marinucci, L. 549
Region 5 – Kingsley Kwok, L. 575
Region 6 – Cathy Whipple, L.614 (Chair)
Region 7 – Terri Morris, L. 714
Staff Advisor – Fran Borsellino
Moved: C. Whipple, Cred.Ctte., L.614/Seconded: I. Magcale, Cred.Ctte., L.105
Adoption of Credentials Committee Report as of 10:20 a.m.
Delegates 845
Alternates 401
Observers 155
Retirees 7
EBMs 18
Committees 49
Solidarity Guests 18
Guests 3
Total 1,496
Vote on Adoption of Credentials Report Carried
Section A – Convention Agenda
Moved: J. Arbus, RVP Region 6/Seconded: G. Caldwell, L. 302
Adoption of the Convention Agenda as distributed.
Vote on the Agenda Carried
Section B – Minutes of Last Convention 2015
Moved: J. Johnson, L. 644/Seconded: G. Caldwell, L.302
Adoption of the Minutes of Convention 2015 as printed in Section B.
Vote on the Minutes of Convention 2015 Carried
President’s Address
President Thomas addressed the issue of the sexual harassment That occurred at OPSEU’s head office. He talked about the policies being put into place to deal with this serious issue.
Videos were shown to the Convention on sexual harassment at work
Smokey then gave some background on himself and talked about the struggles and fights before us.
Resolutions Committee
Donald Wright, Resolutions Committee Chair, introduced members of the Resolutions Committee.
Region 1 – Gino Franche, L. 130
Region 2 – Karen Clark, L. 212
Region 3 – Elaine Bagnall, L. 362
Region 4 – Daryl O’Grady, L. 456
Region 6 – Donald Wright, L. 557 (Chair)
Region 7 – John Watson, L. 701
Staff Advisor – Mandy Dumais
Secretary – Karlene Henry
Report on Resolutions: Received 273, 4 sent to Constitution Committee (B8, K2, K3, K4), 13 were rejected, accepted 256
Resolutions Committee: Statutory Resolution A1 – Financial Statements
Submitted by: Executive Board
Resolutions Committee’s Recommendation: FOR
Moved: D. Wright, Res. Ctte. L.557/Seconded: K. Clark. Res. Ctte. L.212
Be it resolved that in compliance with Article 26.2 of the Constitution and Section 97 of the Corporations Act, the Financial Statements for the 12-month period ending December 2015, including the Statement of Financial Position, the Statement of Revenue and Expenditures, the Statement of Fund Balances and the Statement of Cash Flows, together with the Auditors’ report thereon, and all transactions reflected thereby be approved and That the President and First Vice-President/Treasurer be authorized to sign the financial statements on behalf of the Executive Board.
Vote on Statutory Resolution A1 – Financial Statements Carried
Resolutions Committee: Statutory Resolution A3 – Appointment of Auditors
Submitted by: Executive Board
Resolutions Committee’s Recommendation: For
Moved: D. Wright, Res. Ctte. L. 557, / Seconded: K. Clark, Res. Ctte. L.212
Be it resolved that in compliance with Article 26.2 and 28.4 of the Constitution and Section 94 of the Corporations Act, PWC, PricewaterhouseCoopers; be Auditors of OPSEU for the fiscal year January 1, 2016 through to December 31, 2016 and the Executive Board fix the Auditors’ remuneration.
Vote on Statutory Resolution A3 – Appointment of Auditors Carried
Resolutions Committee: Statutory Resolution A2 – Section E – Executive Board Report
Submitted by: Executive Board
Resolutions Committee’s Recommendation: For
Moved: D. Wright, Cred. Ctte., L.557/Seconded: K. Clark, Res. Ctte., L.212
Be it resolved that in compliance with Section 129 of the Corporations Act, the Convention endorse the actions of the Executive Board from the closing of the last Convention until the closing of this Convention.
Vote on Statutory Resolution A2 – Executive Board Report Carried
President Thomas made announcement: rally for Provincial Schools at Queen’s Park, noon
Lunch Recess
Thursday, April 14, 2016 – Afternoon Session
President Thomas called the meeting to order at 1:45 p.m.
Smokey asked members to show their support by wearing ribbons That were handed out: Pink is for Annual Day of Pink; to celebrate healthy relationships/stop bullying; Teal represents recognition of sexual assault, awareness and prevention and White represents speaking out against violence in the workplace.
He also encouraged members to tweet directly to Premier Wynne; Hydro Not for Sale, Keep Hydro Public
Credentials Committee Report
Moved: S. Abdey, Cred.Ctte., L.151/Seconded: C. Whipple, Cred. Ctte., L.614
Adoption of Credentials Committee Report as of 10:02 a.m.
Delegates 932
Alternates 486
Observers 200
Retirees 7
EBMs 19
Committees 51
Solidarity Guests 25
Guests 5
Total 1,725
Vote on Adoption of Credentials Report Carried
President Thomas introduced Gerard Hayes, from Health Services Union, New South Wales, Australian Capital Territory. His union has 33,000 members in New South Wales and 72,000 members across Australia. His Union’s campaigns have been successful in preventing the privatization of services as well as having brought about the return of previously privatized services to the Public Sector.
Resolutions Committee: EB5 – Executive Board – Section G
Submitted by: Executive Board
Resolutions Committee’s Recommendation: For
Moved: K. Clark, Res. Ctte., L.212/Seconded: G. Franche, Res. Ctte., L.130
Launching the “We Own It!” anti-privatization campaign
Whereas under the current Liberal government Ontario has encouraged a proliferation of forms of privatization, including contracting-out, public-private partnerships, asset sales and Social Impact Bonds; and
Whereas privatization constitutes a transfer of wealth from the public realm to private hands, a regressive action That does nothing to improve services and wastes public dollars; and
Whereas privatization affects all Ontarians by undermining public accountability, eliminating transparency, reducing access to services, and dramatically increasing costs; and
Whereas privatization is to the public sector what free trade is to the private sector, namely, a right-wing destroyer of good jobs and decent wages; and
Whereas OPSEU is Ontario’s leading opponent of privatization in all its destructive configurations; and
Whereas it is crucial That OPSEU shift the debate on privatization and intensify the pressure on the provincial government to change its policy on privatization;
Therefore Be it resolved that OPSEU continue to fight privatization at the bargaining table to protect the public interest and public jobs; and
Be it further resolved That OPSEU launch “We Own It!,” a far-reaching campaign to fight privatization in this province by shifting public opinion and ensuring That no party That supports privatization can get elected in Ontario.
Moved: S. Penecost, L.415 / Seconded: D. Haley, L.415
Closure on Resolution EB5 – Carried
Vote on Resolution EB5 Carried
Resolutions Committee: EB13 – Executive Board – Section G
Submitted by: Executive Board
Resolutions Committee Recommendation: For
Moved: K. Clark, Res. Ctte., L.212 / Seconded: G. Franche, Res. Ctte., L.130
Transfer of Funds from General fund to Strike fund
Whereas world-wide, Private Public Partnerships (P3’s) continue to gain in popularity and grow in numbers, but continue to fail the accountability litmus test; and
Whereas campaigns around the world are having an impact against the proliferation of P3’s and the corporate profiteers; and
Whereas the Government of Ontario continues to ignore all evidence That the Privatization of Public assets and responsibilities is failing its citizens, costing more and providing less; and
Whereas ensuring public education and mobilization is imperative to force governments to back off of this costly, dangerous and corrupt boondoggle; and
Whereas OPSEU via its Members and Staff have effectively combated the hateful right wing attacks on its own citizens for decades; and
Whereas the Strike Fund has in excess of 72 million dollars; and
Whereas OPSEU can clearly articulate and demonstrate to the Public the exact damage That the corporate agenda is doing to us all.
Therefore Be it resolved that OPSEU will cease the transfer of 5 percent of all dues to the strike fund for a 12 month period commencing the close of convention 2016; and
Be it further resolved That these funds will coded to a separate line, to be indicated on the financials as the “Strike Back Fund”; and
Be it further resolved That authorized funds drawn from the strike back fund will be kept on the financials on a separate stand-alone report within the financials; and
Be it further resolved That any funds required will have to be authorized via Motion(s) as according to policy via the Officers (under 10k amounts) or the Executive Board.
Moved: O.Obaji, L.446 / Seconded: J. Hanson, L.416
Closure on Resolution EB13 – Carried
Vote on Resolution EB13 Carried
Resolutions Committee: EB 15 – Executive Board – Section G
Submitted by: Executive Board
Resolutions Committee Recommendation: For
Moved: K. Clark, Res. Ctte., L.212 / Seconded: G. Franche, Res Ctte., L.130
Ontario Federation of Labour
Whereas there has been a significant change within the leadership of the OFL; and,
Whereas promising discussions have begun to return OPSEU to the OFL; and,
Whereas it is OPSEU's intention to retune to the House of Labour
Therefore Be it resolved that the Board be authorized to return providing acceptable terms are agreed to, including the issue of arrears.
Moved: M Carter, L.557 / Seconded: M. Martin, L.557
Closure on Resolution EB15 Carried
Vote on Resolution EB15 Carried
Chris Buckley thanked Convention for solidarity and support.
Section D – Budget 2016
Deb Tungatt, RVP Region 2 in Chair
Eduardo Almeida, First Vice-President/Treasurer, presented the budget on behalf of the Executive Board.
Moved: E. Almeida, First Vice-President/Treasurer/Seconded: W. Thomas, President
Adoption of the 2016 Budget as printed in Section D.
President Thomas back in Chair
Moved: M. Muscatello, L.559 / Seconded: R. Donchev, L.559
Amendment to Budget
Delete Administrative Savings line of $1 million, under Departmental Expenses
No speakers, no closure moved
Vote on Amendment to Budget – delete Administrative Savings line of $1 million Defeated
Moved: M. MacKay, L.240 / Seconded: M. Allan, L.240
Amendment to Budget
Amend budget to include a subcategory under Other Legal Expenses titled CAAT A Divex Legal Defence Fund
Moved: O. Obaji / Seconded: J. Hanson, L.416
Closure on Amendment Carried
Amend budget to include a subcategory under Other Legal Expenses titled CAAT A Divex Legal Defence Fund
Vote on Amendment to Budget Carried
Tabled Budget until after Awards
Orders of the Day – Awards Presentation
Health and Safety – Individual
Recipient: Deb Brotzel, Local 112
This year’s winner of the Outstanding Individual Health and Safety Award goes to Deb Brotzel of Local 112 Deb has worked for 35 years as a Child Care Worker at the Child and Parent Resource Institute in London.
She started as a member of the Joint Occupational Health and Safety Committee, eventually becoming Union Co-Chair in the 1990’s until her retirement day in 2015. Deb has attending all levels of Health and Safety Training and educational events. She helped to manage many health and safety issues during the SARS crisis.
Leah Casselman Award – Individual
Recipient: Janice Martel, Local 604
Janice’s campaign is to bring justice to the thousands of miners and their families who were mandated by mining executives to inhale a toxic aluminum dust called McIntyre Powder. Her own father’s deteriorating health due to this powder helped her raise awareness about workplace safety.
Through all of her dedication to this cause, she has strengthened alliances between OPSEU and other Unions.
Leah Casselman Award – Local
Recipient: Carepartners, Local 294
This award goes to a local who fought their employer for a fair first contract which led to a strike That lasted almost eight months – one of the longest in OPSEU’s history
The financial burden was extremely difficult, but these members continued their battle, demonstrating incredible strength, determination and solidarity.
Convention Adjourned at 4:40 P.M.
Friday, April 15, 2016 – Morning Session
President Thomas called the meeting to order at 9:45 a.m.
Credentials Committee Report
Moved: A. Marinucci, Cred. Ctte., L.549 / Seconded: C. Whipple, Cred.Ctte., L.614
Adoption of Credentials Committee Report as of 9:48 a.m.
Delegates 939
Alternates 497
Observers 209
Retirees 7
EBMs 19
Committees 52
Solidarity Guests 5
Guests 5
Total 1,759
Vote on Adoption of Credentials Report Carried
Resolutions Committee: EB16 Executive Board – Emergency Resolution
Submitted by: Executive Board
Resolutions Committee Recommendation: For
Moved: L. Elliott, RVP, Reg 1 / Seconded: S. Labelle, RVP, Reg 3
Whereas the Executive Board has the responsibility and fiduciary obligation to develop and enforce the policies of the Union, and to act at all times in the best interests of the Union and its members; and
Whereas the Union is an Employer of over 300 employees represented by two bargaining agents and excluded staff under employment contracts; and
Whereas the Union has staffing policies related to harassment and discrimination, which were recently amended, and which are subject to annual review; and
Whereas some members have made allegations That a toxic work environment exists in the Union, including allegations of systemic sexual harassment experienced by staff, culminating in sexual assault charges against one former staff member; and
Whereas the members have alleged That a culture within OPSEU allowed this behavior to continue unaddressed for years; and
Whereas the members’ allegations were recently reported by Canada’s largest media outlet, which may impact the Union’s operations on behalf of the members; and
Whereas it is in the Union’s necessary interests to ensure That the allegations are fully addressed:
Therefore Be it resolved that the Executive Board will establish an ad hoc task force consisting of two officers, two Executive Board members, two OPSSU members, one ASU member, and one employee from the excluded staff;
Be it further resolved That the task force will review the Union’s staffing policies related to harassment and discrimination and will engage and direct an external independent consultant to conduct a review of OPSEU’s harassment and discrimination polices, complaint reporting processes, and workplace culture;
Be it further resolved That the consultant will report to the task force and the Executive Board; and
Be it further resolved That the task force will be established immediately and the external review will be established to ensure That it does not prejudice legal or other processes That are currently underway.
Moved: B. Palmieri, L. 206 / Seconded: S. Blancher, L. 106
Closure on Resolution B16 Carried
Vote on Resolution B16 Carried
Budget, resumed
Moved: E. Rice, L.740 / Seconded: S. Walker, L.249
Amendment to Budget
Under Salary and Payroll costs, add three (3) full-time Pay Equity staff for one (1) year, with the cost in accordance with the OPSEU staff collective agreement
No closure called – 3 in favour
Under Salary and Payroll costs, add three (3) full-time Pay Equity staff for one (1) year, with the cost in accordance with the OPSEU staff collective agreement
Vote on Amendment to Budget Carried
Moved: M. Martin, L.557 / Seconded: V. Samuels, L.557
Closure on budget Carried
Vote on Budget Carried
Constitution Committee
The members of the Committee are:
Region 1 – Naz Binck, Local 137
Region 2 – Serge Valcourt, Local 270
Region 3 – Tim Hannah, Local 308 (Chair)
Region 4 – Rhonda Ferguson, Local 494
Region 5 – Janice Hagan, Vice-Chair, Local 561
Region 6 – Kenneth Steinbrunner, Local 642
Region 7 – Sophia Ambrose, Local 736
EBM – Sean Platt, EBM, Local 368
Staff Advisor – Laurie Chapman
Support Staff – Alyssa Walker
Article 27.1 The Constitution may be amended only by a two-thirds vote of those delegates present and voting at any Convention.
Constitutional Amendment A1, (C5 – Section H) Articles 13, 14 and 19
Submitted by: The Aboriginal Circle
Constitutional Committee’s Recommendation: Acceptance
Moved: T. Hannah, Const. Ctte., L. 308 / Seconded: S. Valcourt, Const. Ctte., L.270
Amend Article 13.4 (e) to read as follows: (changes in bold)
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 Aboriginal Indigenous Circle per Region, shall be entitled to be delegates.
Amend Article 13.8 to read as follows: (changes in bold)
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 AboriginalIndigenous Circle. They shall be attested to by two officers of the Local, Council, Division, Board or Committee and, except for resolutions and amendments from the Board, shall be forwarded so as to reach Union Headquarters not later than 45 calendar days prior to the opening of the Convention. Resolutions and constitutional amendments submitted contrary to this procedure may be dealt with by the Convention only with the consent of the majority of the delegates and only after all regularly submitted resolutions and constitutional amendments have been dealt with, except That the delegates may accept a resolution but not a constitutional amendment, as an emergency and deal with it immediately.
Amend Article 14.5.4 as follows: (changes in bold)
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 Aboriginal Indigenous Circle.
Amend Article 19.5 as follows: (changes in bold)
There shall be an Aboriginal Indigenous Circle composed of two (2) Members from each Region where they are represented within the Region. The Members of the Aboriginal Indigenous Circle shall be selected by the Aboriginal Indigenous Circle from interested Members who apply to fill vacancies within their Region. The full membership of the Circle will be renewed on a biennial basis. The function of the Circle shall be to assist in creating networks within the Regions, to develop and promote programs to encourage First Nation, Métis and Inuit Members to participate in Union activities, and to increase the awareness and understanding of Aboriginal issues throughout the membership.
Moved: P. Beaumont, L. 309 / Seconded: J. Nealon, L. 309
Closure on Constitutional Amendment A.1 Carried
Vote on Const. Amendment A1, C5, Articles 13, 14 & 19 Carried
Constitutional Amendment A2, (C1 – Section H) Articles 6,7
Submitted by: Local 634
Constitutional Committee’s Recommendation: Defeat
Moved: S. Ambrose, Const. Cte, L.736 / Seconded: R. Ferguson, Const.Cte, L.494
Article 6
Membership
Add a new Article 6.3 (f) to read as follows: (changes in bold)
6.3 A Member shall remain in good standing provided s/he is:
(f) Not penalized by failure to step down from an acting management or acting excluded management position under Article 6.8.2.
Add a new Article 6.8.2 (changes in bold)
6.8.2 Any member who is in a temporary management or temporary excluded management position shall return to their home position when required, under authority of the President, to do so. If they fail to step down, they shall be ineligible to seek or hold any Union office or function.
Article 7
Membership Rights
Add a new Article 7.2.3 as follows: (changes in bold)
7.2.3 A member will be removed from office and will be barred from running for office if they refuse to return to their OPSEU bargaining unit position from an acting management or excluded management position when required, under authority of the President, to do so.
Moved: J. Arscott, L. 532 / Seconded: R. Bemister, L. 561
Closure on Constitutional Amendment A.2 Carried
Vote on Const. Amendment A2, C1, Articles 6 & 7 Carried
Constitutional Amendment A3, (C8 – Section H) Article 14
Submitted by: Provincial Women’s Committee and Local 503
Constitutional Committee’s Recommendation: Defeat
Moved: J. Hagan, Const. Cte, L.561 / Seconded: S. Ambrose, Const.Cte, L. 736
Amend Article 14.6.1 as follows: (changes in bold)
Article 14.6.1 At each Regional election meeting in an election year, the delegates shall elect three persons to be Members of the Executive Board. At least one person per Region must be one who identifies as female. and In addition, delegates shall elect one person to be their alternate. Following the election of the three Board Members, there will be a subsequent election, in which the delegates will nominate from among the three elected Board Members a Regional Vice-President. Following election of the Regional Vice-President, there will be a subsequent election, in which the delegates will elect from among the remaining two Board Members an alternate Regional Vice-President. No person may hold more than one office on the Executive Board.
Moved: S. Wilson, L. 708 / Seconded: S. Bradshaw, L.708
Closure on Constitutional Amendment A.3 Carried
Vote on Const. Amendment A3, C8, Article 14 Defeated
Constitutional Amendment A4, (C4 – Section H) Article 10
Submitted by: Greater Toronto Area Council
Constitutional Committee’s Recommendation: Defeat
Moved: K. Steinbrunner, Const. Cte, L. 642 / Seconded: S. Valcourt, Const.Cte, L. 270
Amend Article 10.1 to read as follows: (changes in bold)
10.1 Affiliation of the Union, as a whole, and suspension and/or reduction of dues to any labour, fraternal, service or other organization may be decided only by a Convention. Any and all fees and dues payable directly as a result of any affiliation so decided shall be the responsibility of the Union.
Moved: R. Donchev, L. 559 / Seconded: J. Arscott, L.532
Closure on Constitutional Amendment A.4 Carried
Vote on Const. Amendment A4, C4, Article 10 Defeated
Solidarity Guests
Solidarity Guests were introduced:
- Ruth Hamilton, A/President, Administrative Staff Union
- Dave Bulmer, President, Association of Management, Administrative and Professional Crown E