UNION OF TAXATION EMPLOYEES, PUBLIC SERVICE ALLIANCE OF CANADA SOUTHERN INTERIOR OF BRITISH COLUMBIA LOCAL 20026 ANNUAL GENERAL MEETING RAMADA INN & SUITES - FEBRUARY 16, 2005 President Joy Harrison called the meeting to order at 5:45pm with 42 members in attendance at the Penticton Location and 22 members in attendance at the Kelowna Location. Joy welcomed all to the meeting. Joy introduced guests Betty Banon, National President UTE, and Nycole Turmel, National President P.S.A.C. and the head table (Joy Harrison, Pamela Abbott, Betty Banon, Nycole Turmel, Susan Yaciw and Sarah Redd) ANTI-HARASSMENT POLICY Joy Harrison reviewed the Union of Taxation Employees anti-harassment policy. ADOPTION OF AGENDA Motion to Accept the Agenda – Colin Halliday Seconded – Sharon Hickey Motion Carried. ADOPTION OF PREVIOUS MINUTES, AGM FEBRUARY 18, 2003 Motion to dispense of the reading of the minutes of the last Annual General Meeting of February 17, 2004. Adoption of minutes as circulated. Motion to Accept – Pat Clements Seconded – Phil Holmes Carried TREASURER’S REPORT Susan Yaciw Susan Yaciw referred to the attached financial statements and yielded the floor to questions. She fielded questions from the floor as to how much was spent in 2004 on wage loss for union business. Susan stated that the wage loss was not itemized as a separate expense but was included in a number of expense items. It was requested that the salary dollars spent would be itemized separately on next years financial Statements. Motion to Accept Treasurer’s Report – Susan Yaciw Seconded – Corina Scherer Carried HEALTH AND SAFETY REPORT Peter Dyck There were no incidents to report. The Kelowna Committee continues to meet the management / employee requirements. Worksite surveys (walk abouts) are completed on a monthly basis. In response to suspicious package incident in Penticton, Admin Staff received additional training on protocols. Peter Dyck thanked former Committee members Allan Bruce and Heather Reiter for their work on the Committee and welcomed Susan Yaciw and Cynthia Stevenson. Susan will be taking Peter’s place on the Committee. The floor was yielded to questions. No questions were brought forward. There was no report available by the Penticton Committee. Motion to Accept Health and Safety Report – Mona Hazell Seconded – Colin Halliday Carried SCHOLARSHIP COMMITTEE REPORT Corina Scherer There are two scholarships being awarded, each being $1,000.00. One to Penticton Senior Secondary and one to be shared, on a rotational basis, amongst the three school districts in the Okanagan Valley. The scholarships are awarded by the school district based on such factors as grades, merit, need etc. If all things were equal, the scholarship would be awarded to the student with connection to UTE. The recipients have two years to confirm their registration for postsecondary education in order to receive the funds from UTE. The 2004 recipient for Penticton Senior Secondary was Alexandra Barton (Elizabeth Barton's daughter). She is enrolled in fashion design at Ryerson University in Toronto. We wish her success in her endeavors. School District #23 – Central Okanagan was the other 2004 recipient. Their Bursary and Scholarship society chose Nicholas Heuser as the recipient. Nicholas has not yet confirmed his registration for post-secondary education. The 2005 scholarships will be available to Penticton Senior Secondary and School District # 67 – Okanagan Skaha. We also received acknowledgment that the 2003 School District recipient Teresa Alaric has enrolled in Business Administration at UBC and has not been issued her funds from UTE. The floor was yielded to questions. No questions were brought forward. Motion to Accept Scholarship Report – Brenda Sanders Seconded – Cheryl Ballantine Carried EMPLOYMENT EQUITY REPORT Sarah Redd Brief Summary of Business for the 2004-2005 SITSO Employment Equity Committee: Completed Projects/Events: March 8th - International Women's Day – Guest Speaker Beryl Itani. March 21st - International Day for Elimination of Racial Discrimination – Video presentation and posters. June 21st - National Aboriginal Day – Guest Speakers Chief Louie – Osoyoos Indian Band and Dr. Duane Thompson Professor at O.U.C. December 3rd – International Day of Disabled Persons – Posters December 6th - Day of Remembrance and Action on Violence Against Women, Collected clothing, toiletry items, bedding, towels etc. and donated to the local Women's Shelters. This event was a HUGE Success! Projects for 2005-2006: Aboriginal Student Board In House Accounting Business Case Motion to Accept Employment Equity Report – Corina Scherer Seconded – Cheryl Ballantine Carried PROPOSED CHANGES AND AMENDMENTS TO THE BY-LAWS Betty Bannon RESOLUTION 1 – Amendment to Bylaw 5: Susan Yaciw WHEREAS the existing fiscal period is January to December; WHEREAS the bylaws state that the Annual General Meeting be held in February; WHEREAS the locals in the Pacific Region work together to arrange dates for the Annual General Meetings that will facilitate the travel and appearance of special guest speakers at the Annual General Meetings, and eliminate conflicting dates; WHEREAS all of the UTE locals in the Pacific Region presently have the Annual General Meetings in February and; WHEREAS the six (6) weeks from the conclusion of the fiscal period to the date of the Annual General meeting puts a great deal of stress on the Treasurer and Auditor to prepare the statements and complete a review of the statements and copy to present the financial information. BE IT RESOLVED that the fiscal period be changed to January 1, 2005 to November 30, 2005 BE IT FURTHER RESOLVED that the fiscal period thereafter be December 1st to November 30th. BE IT FURTHER RESOLVED that Bylaw 6 section 2E be corrected to reflect the fiscal period to November 30th. Motion to Accept – Colin Halliday A VOTE WAS CALLED – With a majority vote, the motion was CARRIED. RESOLUTION 2 – Amendment to Add Bylaw 16: Sarah Redd WHEREAS in the past year we have been on strike and recognize the financial impact that a Strike can have on the members; WHEREAS present bylaws do not permit any financial assistance or "top up" of strike pay. BE IT RESOLVED that the local establish and administer an Emergency Strike Fund to assist the local members during a future strike effective immediately; BE IT FURTHER RESOLVED that the bylaw reads as follows: BYLAW 16 – EMERGENCY STRIKE FUND Section 1: For the purpose of this section, a member also includes an individual of a bargaining unit generally known as a RAND FORMULA payee who makes monthly Emergency Strike Fund assessment payments. Section 2: Each member shall pay a monthly emergency strike fund assessment in the amount of three dollars ($3.00). Section 3: All funds received by the local under this bylaw subsection (2) shall be held in trust in the Emergency Strike Fund for the members and be allowed to accumulate for the benefit of the members. Section 4: Any monies earned through the investment of the funds received under this bylaw shall form part of the Emergency Strike Fund. Section 5: No portion of the Emergency Strike Fund, either principal or income earned, shall be paid or transferred into the general operating fund of the local Section 6: At the commencement of any authorized strike action: a) The Treasurer shall provide to the Executive a report detailing the current status of the Emergency Strike fund, including financial statements for the Fund covering a period since the previous Annual General Meeting and; b) The Executive shall cause the Emergency Strike Fund to be separated into two components, the Strike Benefits Fund and the Strike Administration Fund. Section 7 – Strike Administration Fund: a) At the commencement of any authorized strike action, the Executive shall deposit into the Strike Administration Fund an amount not to exceed five thousand dollars ($5,000.00). The Strike Administration Fund shall be used for the purposes including but not limited to: the costs of the local strike headquarters, meeting of strike committees, distribution of publicity material and other publications relating to the strike, legal fees, consultant fees, and other expenses not provided for by the U.T.E. or the P.S.A.C. b) Expenditures out of the Strike Administration Fund shall be approved by the Executive. Section 8 – Strike Benefits Fund: a) At the commencement of any authorized strike action, the Executive shall deposit into the Strike Benefits fund, the balance of any monies held in the Emergency Strike Fund after the allocation of the Strike Administration fund has been made. b) Eligibility for benefits shall be in accordance with the Regulations of the P.S.A.C. Constitution. Members will not be eligible for the benefits under the following circumstances: i. If the member is unemployed or on lay-off at the beginning of the strike. ii. If the member is on leave of any kind, drawing sick or accident benefits, or drawing Worker's Compensation Benefits. iii. If the member is participating in a Strategic Strike where they are being remunerated at the rate of 60% of their gross pay. c) Benefits shall only be paid provided the strike action is undertaken for a minimum of two (2) days, which need not be consecutive providing the strike action forms part of the same dispute. d) The Local shall, pursuant to the Regulations of the P.S.A.C. Constitution, beginning on the third day of the strike action, pay retroactively, for the full period of the strike action, to each member actively participating in the strike action, a supplementary amount to top up total strike pay not to exceed seventy percent (70%) of normal gross pay to a maximum of fifty dollars ($50.00) per day and a maximum of two hundred and fifty dollars ($250.00) per calendar week for the duration of any authorized strike action. e) The calendar week shall be defined as commencing on Sunday and ending Saturday f) Notwithstanding section 8(e), benefits shall only be paid to members as long as monies are available in the Strike Benefits Fund. The local shall not borrow funds from any source whatsoever for the purpose of providing additional monies to the Strike Benefits Fund. Section 9 – Operation of the Strike Benefits Fund: a) The Strike Benefits Fund shall be administered by a committee comprising of the Second Vice-President, Treasurer and three members representing the local. The chairperson of the committee shall be elected from among and by all three Executive members. b) The committee described in Section 9(a) shall be known as the Strike Benefits Committee. c) The chairperson shall have the authority to call committee meetings as he/she deems necessary. Committee meetings shall be called at the written request of the majority of the other members of the committee. d) All expenditures out of the Strike Benefits Fund shall be approved by a simple majority vote of the committee members. The Chairperson of the committee shall direct the Treasurer to make payment of the expenditures approved by the committee. e) The Treasurer shall provide the Chairperson of the committee with a written report detailing the status of the Strike Benefits Fund on a weekly basis for the duration of any authorized strike action. f) All monies deposited into the Strike Benefits Fund shall be maintained in a separate account at any credit union or chartered bank. g) Two signature shall be required on all cheques drawn on accounts in the name of the Strike Benefits Fund. h) Persons authorized to sign cheques drawn on accounts in the name of the Strike Benefits Fund shall be the Treasurer, Secretary, 2nd Vice President, 1st Vice President and President of the local. i) Benefits shall be paid to eligible members at the conclusion of authorized strike action. j) The chairperson of the Strike Benefits committee shall within thirty (30) days of the conclusion of the strike action, post a detailed report addressed to the membership outlining disbursements of funds made. k) Once the principal portion of the fund has reached one hundred thousand dollars ($100,000.00), a Special General Meeting or Annual General Meeting will be called to discuss reducing the contributions to the Emergency Strike Fund. Section 10 – Collapsing of the Emergency Strike Fund: A Special General Meeting or an Annual General Meeting will be called with the membership to discuss the collapse of the Emergency Strike Fund and the disposition of the monies in the Emergency Strike Fund should any of the following apply: i. An enactment of law that prohibits members of the P.S.A.C. to be in a legal strike position or; ii. There is no need for a Strike fund as there is no future potential for a strike or; iii. The P.S.A.C. Strike Pay is equal to or greater than a members full days gross pay. Motion to Accept – Sarah Redd A VOTE WAS CALLED – With a majority vote, the motion was DEFEATED. RESOLUTION 3 – Amendment to Bylaw 4: Sarah Redd Motion to Withdraw – Sarah Redd A VOTE WAS CALLED – With a majority vote, the motion was CARRIED. RESOLUTION 4 – Amendment to Bylaw 8: Joy Harrison WHEREAS the office of President is a key position providing leadership to the local; WHEREAS effective performance of the duties of the office are fundamentally tied to the knowledge and experience of the operation of the local, the UTE and at the regional and national level, and the PSAC at the regional and national level. BE IT RESOLVED that the nominee to the office of the President have the additional prerequisite qualification of one (1) complete term of service on a local Executive within P.S.A.C. Thus the bylaw will read: "All members in good standing shall be eligible for office, the office of the president also requires that the nominee has served one (1) complete term as part of a local Executive within the P.S.A.C……" Motion to Accept – Joy Harrison A VOTE WAS CALLED – With a majority vote, the motion was DEFEATED. RESOLUTION 5 – Amendment to Bylaw 8: Joy Harrison WHEREAS our current bylaws do not provide for a clear definition of the role of the nominating committee WHEREAS there could be a potential conflict of interest, real or perceived BE IT RESOLVED that the Chair of the Nominating Committee and Nomination Committee members shall be comprised of only those members who are not seeking an office. BE IT FURTHER RESOLVED that Bylaw 8 Section 1 read ," The nomination committee shall give notice not less than thirty (30) days prior to the date of election, those offices, which shall fall vacant, and shall provide nomination forms. Nomination forms must be signed by two members of the local and must contain the written consent of the candidate for office. Nominations shall be filed with the Nomination committee not less than 7 days prior to the Annual General Meeting. The Nomination Committee Chairperson and Committee members shall be comprised of only those members who are not seeking office. …" Motion to Accept – Joy Harrison A VOTE WAS CALLED – With a majority vote, the motion was DEFEATED. RESOLUTION 6 – Amendment to Bylaw 8: Jeanette Burton WHEREAS UTE Regionally or Nationally does not use the members money to fund any candidates for their campaigns. BE IT RESOLVED that Bylaw 8 add the following new paragraph: "No local dues will be spent to support any or all candidates that are running for a local position" Motion to Accept – Pamela Abbott A VOTE WAS CALLED – With a majority vote, the motion was CARRIED. RESOLUTION 7 – Amendment to Bylaw 8: Jeanette Burton WHEREAS Nominations and Elections are a two step process; BE IT RESOLVED that Bylaw 8 Section 1 be amended to delete the following: "An election will be conducted not less than seven days prior to the Annual General Meeting. In the event that more than two nominees stand for election to office, a simple majority (50% + 1) will be necessary to declare a nominee successful. Where the first ballot fails to produce a successful nominee, an additional ballot will be conducted." BE IT FURTHER RESOLVED that a new paragraph be added to Bylaw 8 titled "Election Process": "An election will be conducted not less than seven days prior to the Annual General Meeting. In the event that more than two nominees stand for election to office, a simple majority (50% + 1) will be necessary to declare a nominee successful. Where the first ballot fails to produce a successful nominee, an additional ballot will be conducted." Motion to Accept – Jeanette Burton A VOTE WAS CALLED – With a majority vote, the motion was CARRIED. RESOLUTION 8 – Amendment to Bylaw 8: Jeanette Burton WHEREAS many members travel out of town for work, and are unable to be in town to vote on the election day for local executive positions. BE IT RESOLVED that Bylaw 8 be amended to add the following new paragraph under "Election Process": "For members that are unable to attend a polling station for the local nominations on the election day, a mail in ballot or another alternative day will be selected by the nomination committee. This day selected for the mail in ballot or alternative day, will be done no less than 10 days prior to the final day of voting." Motion to Accept – Karen Krysko A VOTE WAS CALLED – With a majority vote, the motion was CARRIED RESOLUTION 9 – Amendment to change Bylaw 8: Motion to Withdraw – Sarah Redd A VOTE WAS CALLED – With a majority vote, the motion was CARRIED. RESOLUTION 10 – Amendment to change Bylaw 9 Section 6: Motion to Withdraw – Sarah Redd A VOTE WAS CALLED – With a majority vote, the motion was CARRIED. RESOLUTION 11 – Amendment to Bylaw 15 add Section 5: Motion to Withdraw – Sarah Redd A VOTE WAS CALLED – With a majority vote, the motion was CARRIED. Unfinished Business – Discipline & Kelowna Referendum Joy Harrison Joy Harrison talked about the Kelowna referendum. Referendum was held, the motion for Kelowna to separate from Penticton did not was not successful. Joy Harrison spoke about discipline. She stated that there were two incidents during the recent strike that were reviewed by the committee. On November 04, 2004 letters were hand delivered to two members. On November 18, 2004 one member attended a meeting with the discipline committee and provided the necessary information to exonerate them. On January 05, 2005 Joy Harrison attempted unsuccessfully to contact the other member, Gail Simpson, by phone. A second letter was hand delivered on February 07, 2005. Mrs. Simpson has not replied at this time. Motion to Accept Discipline Committee Report – Colin Halliday Seconded – Pat Clements Carried Discipline Committee Recommendation Joy Harrison The Disciplinary committee recommended a fine of two days pay and a three year suspension of Gail Simpson’s membership. Motion to Accept Discipline Recommendation – Terry White Seconded – Karen Krysko Carried DINNER: Due to the late hour of the meeting (7:00) Joy Harrison suggested that dinner be served, and that we can resume with the rest of the agenda after dinner. Dinner was served. GUEST SPEAKER – PAMELA ABBOTT Pamela spoke about the challenges of the strike in the past year. Our Region worked hard. Pamela thanked everyone for his or her hard work during the strike. Our contract may not be everything we were hoping for but without the hard work of the members we would not have achieved what we did. Pamela encouraged everyone to get back to the “grassroots”, communication with the members is essential. Pamela thanked Joy Harrison and presented her with a gift. GUEST SPEAKER – BETTY BANON Betty thanked Joy and the Executive for the invitation. She states that strike war stories are beginning to be told. Betty spoke about the effectiveness of the strategic strike and thanked those who were affected. Betty spoke about the U.T.E. and P.S.A.C. websites. She encouraged everyone to log on and see what information is available. She urged all members to review the information available on the scholarships and to apply. Betty spoke about unauthorized access of accounts during work. Do not access an account if it is not directly related to and necessary for the completion of your job. Employees are doing this and are being disciplined with suspensions and dismissals. Do not do it! It is convention year. They will set the budget for the next three years. Policies and By-Laws will be amended. Elections will be held to elect the new leadership. Betty urged our local to send delegates to ensure our voice is heard. Betty urged members to put forward resolutions; the deadline is noon on March 12, 2005. Joy Harrison thanked Betty and presented her with a gift. GUEST SPEAKER – NYCOLE TURMEL Nycole thanked the members for the invitation. She stated that this has been a challenging year with the strike and the collective bargaining. She states that the strike should never have happened but the result was good and we came out solid. Nycole thanked everyone for their support. She is looking into the future towards retirement. She is still working hard to get issues addressed. Regional convention is coming up, she encourages the local to send delegates and participate in the convention. States that the coming year will be a challenge as well. There may be possible downsizing, centralization and privatization, which will affect the members. The members may need to fight downsizing. People are currently working on a plan of action to fight, mobilize and action. This is a Provincial Election year, she encourages everyone to be involved and vote, Nycole encourages all members to be involved with available training. Joy Harrison thanked Nycole Turmel for speaking and presented her with a gift. Election of Officers Betty Bannon and Terry White There being more than one nomination for the positions of President, First Vice-President, Second Vice-President and Cheif Shop Steward it was necessary to hold an election by secret ballot. It was agreed that previous nominations would stand and additional nominations were accepted from the floor. The nominations were as follows: President: Susan Yaciw Sarah Redd A vote by secret ballot was held – Sarah Redd was elected. First Vice President: Joy Harrison Joy Harrison was elected by acclimation. Second Vice President: Susan Yaciw Sharon Hickey A vote by secret ballot was held – Sharon Hickey was elected. Treasurer: Susan Yaciw Susan Yaciw was elected by acclimation. Secretary: Brenda Sanders Brenda Sanders was elected by acclimation. Chief Shop Steward: Alex Cook Corina Scherer A vote by secret ballot was held – Alex Cook was elected. Stewards: Corina Scherer Collin Halliday Rick Columbus Jo-Ann Baker Stan Evenson Carrie Moojelsky Ruth Eisworth Nycole Turmel swore in all members present. Recognition Awards & Door Prizes Long time service awards were presented to Terry White, Stan Evenson, Colin Halliday, Sharon Hickey and Jeanette Burton. Door prizes were presented.