OPSEU Convention 2018 Minutes April 19 – 21, 2018

Metro Toronto Convention Centre, Toronto

Thursday, April 19, 2018 – Morning Session

President Thomas, called the Convention to order at 9:14 a.m.

The President welcomed all Delegates, Alternates, Observers and Guests to the 42nd Annual Convention, the highest decision-making body of OPSEU.

National Anthem played

Krista Maracle and Chief Stacey Laforme brought greetings and acknowledged Indigenous Lands

Statement of Respect – video played

President Thomas called attention to cards provided in pouch of Convention bag with phone numbers to contact if members feel harassed or discriminated against.

Moment of Silence

A Minute of Silence was observed in memory of all those who have passed away since our last Convention.

Floor Staff were introduced – identified this year by yellow name badges

General announcements were made on events and services available at Convention. (Video)

Announced OPSEU’s Got Talent, Thursday night at 8 p.m. and Comedy Night, on Friday at 8:30

Electronic Voting

Michael O’Shea demonstrated via video the “how to’s” of electronic voting.

President Thomas introduced the head table:

Nicole Glass, Corporate Secretary/Backup Recording Secretary
Sherry Bader, Recording Secretary
Jeff Arbus, Constitution and Rules of Order Advisor in Training
Michael Grimaldi, Constitution and Rules of Order Advisor
Maria Wysocki, Procedural Advisor

Credentials Committee Report

Introduction of Credentials Committee

Region 1 Ian Magcale, L. 105
Region 2 Denise Sidsworth, L. 263
Region 3 Bill Carson, L. 369 (Vice-Chair)
Region 4 Tara Langford, L. 435 (Chair)
Region 5 Anthony Marinucci, L. 549
Region 6 Kimberley Kazur, L. 665
Region 7 Terri Morris, L. 714
EBM Janel Perron
Staff Advisor Fran Borsellino
Secretary Richard Meagher

Moved: Langford, Credentials Committee, L. 614/ Carson, Credentials Committee, L. 369

Adoption of Credentials Committee Report as at 9:05 a.m.

Delegates 881
Alternates 453
Observers 187
Retirees 7
EBMs 21
Committees 52
Solidarity Guests 9
Guests 5

Total 1,615

Vote on Adoption of Credentials Report Carried

Section A – Convention Agenda

Moved: Lahaise, L. 416 / Kelsey, L. 416

Adoption of the Convention Agenda as distributed.

Vote on the Agenda Carried

Section B – Minutes of Last Convention (2017)

Moved: Attard, L. 416 / Linkletter, L. 416

Adoption of the Minutes of Convention 2017 as printed in Section B.

Vote on Minutes of Convention 2017 Carried

John Cartwright, President of the Toronto and York Region Labour Council, which represents 205,000 union members in Toronto, addressed Convention.

Hassan Yusseff, President, Canadian Labour Congress, addressed Convention and showed video

President’s Address

President Thomas addressed Convention about a wide range of topics during his address to the 2018 Convention ranging from pensions to the upcoming provincial election to sexual harassment.

He was joined by board members Gareth Jones and Len Elliott to discuss the expansion of the Broader Public Service sector pension plan (OPTrust Select). Document was signed by President Thomas at Convention.

Auditor’s Report

Terri McKinnon gave Auditor’s report

Introduction of Resolutions Committee

Elaine Bagnall, Resolutions Committee Chair, introduced members of the Resolutions Committee
Region 1 Gino Franche, L. 130 (Vice-Chair)
Region 2 Karen Clark, L. 212
Region 3 Elaine Bagnall, L. 362 (Chair)
Region 4 Daryl O’Grady, L. 456
Region 5 Joe Healy, L. 557
Region 6 Ron Lavigne, L. 633
Region 7 Mike Lundy, L. 708
Staff Advisor Mandy Dumais
Staff Advisor Bebe DeFreitas
Secretary Karlene Henry

Report on Resolutions: Received – 117; Sent to Constitution Committee – 3; rejected – 4;

Total accepted – 110

Resolutions Committee

Statutory Resolution A1 – Financial Statements

Submitted by: Executive Board
Resolutions Committee’s Recommendation: FOR

Moved: Bagnall, Resolutions Committee L.362 / Franche, Resolutions Committee L.130

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 2017, 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 A2 – Section E – Executive Board Report

Submitted by: Executive Board
Resolutions Committee’s Recommendation: FOR

Moved: Bagnall, Credentials Committee, L.362 / Franche, Resolutions Committee, L.130

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

Statutory Resolution A3 – Appointment of Auditors

Submitted by: Executive Board
Resolutions Committee’s Recommendation: FOR

Moved: E. Bagnall,Resolutions Committee L. 362/ G. Franche, Resolutions Committee L.130

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, 2018 through to December 31, 2018 and the Executive Board fix the Auditors’ remuneration.

Vote on Statutory Resolution A3 – Appointment of Auditors Carried

C1 – Collective Bargaining – Section G

Submitted by Local 575 – also submitted by Local 553, Local 503, Local 559, the Greater Toronto Area Council, Local 532, Local 568 and Local 5110

Resolutions Committee Recommendation: FOR

Moved by: Bagnall, Resolutions Cte, L.362 / Franche, Resolutions Committee, L. 130

Whereas OPSEU is a member-driven union that is founded on the principles of solidarity, union democracy and free collective bargaining; and

Whereas OPSEU’s policy and practice is to conduct collective bargaining, based on democratic principles that provide members with input into the bargaining process through:

members right to democratically elect their bargaining teams from among the membership
their right to actively participate in establishing their team’s bargaining objectives and priorities through a democratic demand-setting process
their ability to affect the outcome of bargaining by participating in workplace mobilization; and
their exclusive right to ratify or reject a contract offer or tentative agreement through a democratic vote, except where outstanding issues are subject to binding arbitration; and

Whereas under article 24.1.1 of the Constitution, OPSEU’s Executive Board is the only body authorized to establish or modify bargaining procedures, based on prior input and direction from the respective Sector or Divisional conference; and

Whereas bargaining procedures established or modified by the Executive Board constitute OPSEU policy; and

Whereas in 2017, OPSEU negotiated several major province wide “extension” collective agreements, affecting more than 60,000 members, without following existing, Board- approved bargaining procedures that set out specific processes for democratically electing bargaining teams and conducting a democratic demand-setting process, as approved by their respective Divisional Conferences; and

Whereas these procedures were set aside without prior consultation with the full elected divisional leadership, local leaders and/or the division’s membership as a whole, and without authorization by the OPSEU Executive Board , contrary to Article 16.2.1 of the Constitution; and

Whereas the decision to bypass the requirement for an elected bargaining team and a democratic demand-setting process effectively denied members of the affected bargaining units their rights to meaningful input into their own collective bargaining, and failed to engage and mobilize members to maximize their bargaining power and achieve the best possible collective agreements; and

Whereas the experience of other bargaining campaigns, including the recent CAAT-Academic strike, has shown that OPSEU’s normal democratic bargaining procedures, combined with a focus on effective member engagement and mobilization, can generate real bargaining power and result in significant gains for OPSEU members;

Therefore be it resolved that as a member-driven union, OPSEU reaffirm its commitment to the democratic principle that members must have meaningful input into the collective bargaining process, including:

The right to democratically elect their bargaining teams from among their bargaining unit’s membership,
The right to actively participate in establishing bargaining objectives and priorities through a democratic demand setting process,
Member engagement and mobilization to support their bargaining objectives; and
Members’ exclusive right to ratify or reject a contract offer or tentative agreement through a democratic vote, except where outstanding issues and subject to binding arbitration; and

Be it further resolved that OPSEU will not alter, depart from or set aside existing, Board-approved bargaining procedures without the prior authorization by a majority vote of both the delegates at the Divisional or Sector meeting of the affected bargaining unit and of the Executive Board; and

Be it further resolved that OPSEU will not engage in collective bargaining on behalf of a bargaining unit without first ensuring members’ ability to participate in the democratic election of their bargaining teams from among the membership and the right to participate in a democratic demand-setting process, without first obtaining authorization to do so through a majority vote of the membership of the affected bargaining unit.

Closure was called and ruled Out of Order

Adjourned for lunch – 12 P.M.

Thursday, April 19, 2018 – Afternoon Session

Budget 2018

Eduardo Almeida, First Vice-President/Treasurer, presented the budget on behalf of the Executive Board.

Moved: E. Almeida, First Vice-President/Treasurer / W. Thomas, President

Adoption of the 2018 Budget as printed in Section D.

Credentials Committee Report

Moved: Marinucci, Credentials Committee, L. 549 / Kazur, Credentials Committee, L. 665

Adoption of Credentials Committee Report as of 2:32 p.m.

Delegates 959
Alternates 538
Observers 240
Retirees 7
EBMs 21
Committees 54
Solidarity Guests 18
Guests 21

Total 1,858

Vote on Adoption of Credentials Report Carried

Back on Budget

Moved: Billard, L. 598 / Joseph, L. 551

Closure on Budget – Defeated

Moved: Pechinger L. 103 / Meahan, L. 110

Amend budget to remove the transfer of 1.5 million to the General Fund and to keep it in the Strike Fund

Moved: Billard, L. 598 / Joseph, L. 551

Closure on Amendment to Budget – Carried

Vote on Amendment to Budget Defeated

Moved: Gillies, L. 303 / Mahon, L. 303

Amendment to remove the social mapping project line from the budget

Moved: Caswell, L. 266 / Finucane, L. 219

Closure of Amendment – Carried

Vote on Amendment to Budget Defeated

Moved: Burns, L. 503 / Lockhurst, L. 590

Amendment to increase the Region 5 budget line from $335,000 to $400,000

Moved: Billard, L. 598 / Joseph, L. 551

Closure on Amendment to Budget – Carried

Vote on Amendment to Budget Defeated

Moved: Pentecost, L. 415 / Henderson, L. 415

Closure on Budget – Carried

Vote on Budget Carried

Resolutions Committee

C1 – Collective Bargaining – Section G

Submitted by: Local 575

Also submitted by Local 553, Local 503, Local 559, the Greater Toronto Area Council, Local 532, Local 568 and Local 5110

Resolutions Committee Recommendation: For

Moved: Franche, Resolutions Committee, L. 130 / Clark, Resolutions Committee, L. 212

Whereas OPSEU is a member-driven union that is founded on the principles of solidarity, union democracy and free collective bargaining; and

Whereas OPSEU’s policy and practice is to conduct collective bargaining, based on democratic principles that provide members with input into the bargaining process through:

v) members right to democratically elect their bargaining teams from among the membership

vi) their right to actively participate in establishing their team’s bargaining objectives and priorities through a democratic demand-setting process

vii) their ability to affect the outcome of bargaining by participating in workplace mobilization; and

viii) their exclusive right to ratify or reject a contract offer or tentative agreement through a democratic vote, except where outstanding issues are subject to binding arbitration; and

Whereas bargaining procedures established or modified by the Executive Board constitute OPSEU policy; and

v) The right to democratically elect their bargaining teams from among their bargaining unit’s membership,

vi) The right to actively participate in establishing bargaining objectives and priorities through a democratic demand setting process,

vii) Member engagement and mobilization to support their bargaining objectives; and

viii) Members’ exclusive right to ratify or reject a contract offer or tentative agreement through a democratic vote, except where outstanding issues and subject to binding arbitration; and

Moved: Billard, L. 551 / Jordan, L. 551

Closure on Resolution C1 – Carried

Vote on Resolution C1 Carried

Executive Board Report

Moved: Almeida, 1st VP/Treasurer / Thomas, President

To adopt Executive Board Report

Vote on Executive Board Report Carried

Resolutions Committee

H1 – Health and Safety – Section G

Submitted by: Local 5110, also submitted by the Greater Toronto Area Council and Local 553

Resolutions Committee Recommendation: FOR (changed to AGAINST)

Moved: Franche, Resolutions Committee, L.130 / Clark, Resolutions Committee, L.212

Objection to Consideration moved – Defeated

Whereas in 2016, a series of allegations regarding incidents of alleged workplace sexual assault against members of OPSEU’s staff resulted in criminal charges against a former OPSEU staff member and critical media coverage regarding OPSEU’s response to the allegations; and

Whereas some members expressed serious concerns that a toxic work environment and systemic problems in its workplace culture may have existed in OPSEU and may have contributed to the alleged incidents of sexual harassment and sexual assault experienced by staff; and

Whereas these concerns were discussed and debated at OPSEU’s 2016 Convention, resulting in the adoption of Emergency Resolution EB-16; and

Whereas Emergency Resolution EB-16 directed:

OPSEU’s Executive Board to “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”; and
That the task force would “review the Union’s staffing policies related to harassment and discrimination and…engage and direct an external independent consultant to conduct a review of OPSEU’s harassment and discrimination polices, complaint reporting processes, and workplace culture”; and
That “the consultant will report to the task force and the Executive Board”; and
That the task force “be established immediately and the external review will be established to ensure that it does not prejudice legal or other processes that [were] currently underway”; and

Whereas in the wake of the Weinstein and other similar allegations, there have been widespread reports of sexual harassment and sexual assault in numerous workplaces, industries and sectors; and

Whereas the resulting public discussion of these alleged incidents has highlighted the ways in which a lack of appropriate workplace policies and practices and/or issues regarding workplace culture may have contributed to these alleged incidents and/or discouraged alleged victims from reporting such incidents; and

Whereas in the current climate – and in light of the growing #metoo and #timesup movements – organizations are recognizing the need for greater transparency and accountability in how they address these kinds of allegations, and the workplace policies and practices they adopt to prevent and respond to future incidents; and

Whereas there has been no formal report to OPSEU’s membership regarding the findings of the external review of OPSEU’s harassment and discrimination policies, complaint reporting processes, or any actions OPSEU has or will be taking as a result;

Therefore be it resolved that the full report of the external consultant stemming from Emergency Resolution EB16 from 2016 Convention will be provided to the OPSEU Executive Board for review, discussion and action as required, unless this has already taken place; and

Be it further resolved that OPSEU will prepare a written report providing a detailed summary of the external consultant’s finding, and including a complete list of the consultant’s recommendations together with the specific actions OPSEU plans to take or has taken to address each recommendation, for review, discussion and adoption by the Executive Board; and

Be it further resolved that OPSEU will provide copies of its final written report to the officers of each Division, Sector and Local and the members of each Provincial Equity Committee or Caucus, by June 30, 2018.

Orders of the Day – 4:19 P.M.

Moved: Shirk, L. 362 / Hannah, L. 308

è to extend discussion on H1 – Carried

Moved: Trevor, L. 732 / Derrick, L. 701

Closure on Resolution H1 – Carried

Vote on Resolution H1 Defeated

Awards Presentation

Health and Safety – Individual

Recipient: Kelly Martin, L. 330

Sister Kelly Martin accepted award and addressed Convention

Health and Safety – Local

Recipient: Mental Health Division

Brother Ed Arvelin accepted award on behalf of the Division and addressed Convention

Leah Casselman Award – Local

Recipient: College Support Part-time locals

Sisters Marilou Martin and Janice Hagan accepted award and addressed Convention

Leah Casselman Award – Individual

Recipient: Jay Jackson, L. 245

Brother Jay Jackson accepted the award and addressed Convention

Convention Adjourned – 5:04 p.m.

Friday, April 20, 2018 – Morning Session

Call to order: 9:10 a.m.

President Thomas introduced Andrea Horwath, leader of the Ontario NDP. Sister Horwath addressed Convention.

Convention Donations Policy was reviewed.

Credentials Committee Report

Moved: Langford, Credentials Committee, L. 435 / McCale, Credentials Committee, L. 105

Adoption of Credentials Committee Report as of 2:00 p.m.

Delegates 969
Alternates 541
Observers 246
Retirees 7
EBMs 21
Committees 55
Solidarity Guests 23
Guests 17

Total 1,879

Vote on Adoption of Credentials Report Carried

Constitution Committee

The members of the Constitution Committee were introduced:

Region 1 Naz Binck
Region 2 Dave Wakely
Region 3 Tim Hannah (Chair)
Region 4 Dave Doran
Region 5 Janice Hagan (Vice-Chair)
Region 6 Ken Steinbrunner
Region 7 Carl Thibodeau, EBM, Region 7
Staff Advisor Ron Elliot
Staff Advisor Pat Honsberger
Secretary Andrea Meunier

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 A.1, (H3 – Section H) Article 13.8

Submitted by: Local 130
Constitutional Committee’s Recommendation: Defeat

Moved: Hannah, Constitution Committee, L. 308 / Steinbrunner, Constitution Committee, L. 642

Whereas a greater number of Resolutions and Constitutional amendments are submitted by committee members each year; and,

Whereas OPSEU is structured based on a local structure and all members belong to a local; and,

Whereas the strength of our great union comes from the education of our membership and the participation of active locals; and,

Whereas all committee members belong to both a local and an occupational division; and,

Whereas all locals are encouraged to participate in their OPSEU labour council and respective occupational division meetings; and,

Whereas all members are equally represented by their Executive Board members; and,

Whereas not even the President and Vice-President of OPSEU individually or the Executive Committee of OPSEU (the President, the Vice-President and seven Regional Vice-Presidents) have the authority to submit resolutions to the convention without full Executive Board support; and,

Whereas only four out of seven votes for some of our OPSEU committees could potentially have the power to send resolutions and constitutional amendments to the convention floor.

Therefore be it resolved that Article 13.8 of the OPSEU Constitution be amended to limit only locals, Area Councils, Divisions and the Executive Board to have the authority to submit Resolutions and Constitutional Amendments to the annual OPSEU Convention for debate and consideration.

Objection to Consideration moved – Defeated

Vote on Constitutional Amendment A.1 Defeated

Constitutional Amendment A.2, (p/H6 – Section H) Article 29.4.1

Submitted by: Locals 209, 277, 561
Constitutional Committee’s Recommendation: Acceptance

Moved: Binck, Constitution Committee, L. 137 / Doran, Constitution Committee, L. 462

Whereas OPSEU is Ontario’s union for changing times; and,

Whereas OPSEU represents shift workers who work across multiple shifts and multiple locations; and,

Whereas voting is essential to democracy; and,

Whereas electronic voting has been used successfully at all levels of government, in other unions and by the OLRB.

Therefore be it resolved that 29.4.1 be amended to read:

Elections shall be conducted at general meetings of the Members concerned. Reasonable notice of the meeting and of the elections to take place must be given. In special circumstances the Local may request that voting be conducted by setting up one or more polling stations or be conducted by secure electronic means rather than at a general meeting and the President of the Union shall have the authority to grant such a request and establish rules to govern such vote.

Whereas many of our members work at workplaces or organizations that offer 24 hour services; and,

Whereas it has been extremely difficult for members to attend General Membership Meetings where elections are held; and,

Whereas it is important that the members have the opportunity to participate in elections, especially to have the right, as a union member to vote on who should represent them as the Local Executive Committee, including stewards; and,

Whereas many members have requested to be able to vote for the LEC by other means, other than in person.

Therefore be it resolved that in order for OPSEU members to be able to fully participate in the elections of their local that OPSEU allow for other means of voting to take place such as telephone voting, email voting etcetera.

Moved: Warman, L. 294/ Costa, L. 283

Closure on Constitutional Amendment A.2 – Carried

Vote on Constitutional Amendment A.2 Carried

Constitutional Amendment A.3, (EB1 – handout) Article 14.8.2

Submitted by: Executive Board
Constitutional Committee’s Recommendation: Acceptance

Moved: Doran, Constitution Committee, L. 462 / Wakely, Constitution Committee, L. 277

Whereas Article 14.8.2 of the Constitution contradicts Article 14.6.1, in that an Alternate Regional Vice-President will have already been elected at a Regional Meeting, and there would be no need for another election, should the Regional Vice-President be elected or First Vice-President.

Therefore be it Resolved that Article 14.8.2 of the Constitution be amended to read:

14.8.2 Should a Regional Vice-President be elected President or First Vice-President/Treasurer, the delegates from the Region(s) concerned shall, immediately following the election to these two offices, meet and elect a new Regional Vice-President from among the remaining Regional Board Members the Region’s Alternate Regional Vice-President will become the new Regional Vice-President, and the third remaining Executive Board Member would become the Alternate Regional Vice-President.

Moved: Nancekivell, EBM Region 1 / Elliott, EBM Region 1

Closure on Constitutional Amendment A.3 – Carried

Vote on Constitutional Amendment A.3 Carried

Constitutional Amendment A.4, (H1, Section H) Article 12.6.1

Submitted by: Local 735 and Thunder Bay Area Council

Constitutional Committee’s Recommendation: Defeat

Moved: Steinbrunner, Constitution Committee, L. 642 / Wakely, Constitution Committee, L. 277

Whereas all OPSEU regions have at least 2 regional office spaces; and,

Whereas OPSEU is a membership driven union; and,

Whereas we pride ourselves on servicing the membership, adhering to social mapping recommendations; and,

Whereas the regional offices are servicing the membership as well; and,

Whereas affordable, reliable and accessible technology is not equally available to all members to conduct and provide membership business and engagement.

Therefore be it resolved that under article 12.6.1 addition of article 12.6.1(a) – For the purpose of administration there will be a minimum of two (2) Regional Offices in each region.

Vote on Constitutional Amendment A.4 Carried

Constitutional Amendment A.5, (H2, Section H) Article 13.4

Submitted by: Locals 735, 740 and Thunder Bay Area Council

Constitutional Committee’s Recommendation: Defeat

Moved: Hagan, Constitution Committee, L. 561 / Ambrose, Constitution Committee, L. 736

Whereas OPSEU is a member driven union; and,

Whereas OPSEU holds an annual convention with elected leadership from across our union; and,

Whereas the Ministry, Sector and CAAT-Academic and CAAT-Support chairs are elected by their members; and,

Whereas OPSEU’s strength is in our membership and their advocacy.

Therefore be it resolved that article 13.4 be amended to add (f) all Ministry, Sector, CAAT-Academic & CAAT-Support Chairs be entitled to be delegates.

Moved: Chambo, L. 291 / Tokarsky, L. 291

Closure on Constitutional Amendment A.5 – Carried

Vote on Constitutional Amendment A.5 Defeated

Constitutional Amendment A.6, (H4, Section H) Articles 14 and 16

Submitted by: Local 553, Greater Toronto Area Council, Provincial Human Rights Committee & Indigenous Circle

Constitutional Committee’s Recommendation: Defeat

Moved: Ambrose, Constitution Committee, L. 736 / Doran, Constitution Committee, L. 462

Whereas nearly two decades ago, the Canadian Labour Movement examined the reality of racial discrimination in our workplace, and society, and recognized an underrepresentation of racialized groups within our union; and,

Whereas many union and federations now have policies that designate seats on leadership bodies for women and other equity groups. In Canada, this process began in 1983 when the Ontario Federation of Labour (OFL) broke new ground by amending its constitution to create five executive board positions for affirmative action seats; and,