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Minutes of the April 30, 2019 Executive Board Meeting – Web Conference

Minutes of the April 30, 2019 Executive Board Meeting – Web Conference

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Web Conference

The Executive Board was called to order at 7:30 p.m. President Thomas was in the Chair. All members were present. Clarke Eaton, Advisor to the President was also in attendance

Presidents Report

Moved by Almeida/Arvelin – Reconsideration of the April 24, 2019 Executive Board motion “Establishment of a “Supplementary HDPP””

Roll Call #1

Almeida, Eddy for

Arscott, Julius against

Arvelin, Ed for

Elliott, Len for

Finucane, Drew for

Kwok, Kingsley against

Labelle, Sara for

Langford, Tara for

Maclam, Kenneth for

Magner, Myles against

Maszczakiewicz, Tara for

Morton, Lucy for

Nancekivell, Laurie against

Perron, Janel for

Roy, J.L. for

Shearer, Philip for

Steinbrunner, Ken for

Thibodeau, Carl for

Thomas, Warren for

Tremblay, Chrisy for

Carried 16 for 4 against

Julius Arscott, Kingsley Kwok, Myles Magner and Laurie Nancekivell filed minority reports.

First Vice President/Treasurer Almeida in the Chair

Reconsideration of the following motion:

Whereas OPSEU’s Harassment and Discrimination Prevention Policy and its related procedures provide a process for addressing and resolving complaints between members regarding harassment and discrimination on grounds covered by the Ontario Human Rights Code as well as non-Code based personal harassment; and

Whereas this policy:

  • “applies to all OPSEU members, including retired members and elected leaders during any Union-related duties, activities and functions”
  • “applies to union-related interactions between members and elected Union leaders in the workplace”
  • “addresses all forms of harassment and discrimination, including systemic discrimination. Where the term “systemic” discrimination is used in the Policy and/or Procedures Manual, it refers to patterns of behavior, policies, or practices that are part of OPSEU’s structures, and which create or perpetuate disadvantage based on a prohibited ground”; and

Whereas the HDPP policy does not apply to or provide a process for addressing and resolving potential allegations or complaints of harassment and discrimination by members regarding the behaviors of, or operational decisions made by, OPSEU and/or its staff; and

Whereas OPSEU has no other formal policy or procedures for addressing such complaints in a consistent, independent and accountable manner, which may result in a perception that complaints are being addressed in an ad-hoc fashion and/or an actual or perceived conflict of interest with respect to OPSEU’s handling of such complaints; and

Whereas many leading organizations that provide services to members or clients have developed policies and procedures for handling complaints by members/clients regarding the behavior or operational decisions of those organizations and/or their staff, to ensure such complaints are handled appropriately and independently; and

Whereas such policies and procedures typically include:

  • the establishment of an independent Board committee or subcommittee, reporting directly to the Board of Directors, to oversee the development, review and application of the policy and the organization’s response to any findings, and
  • the engagement of an independent, external, professional service provider to administer elements of the policy, including receiving, investigating and making recommendations regarding appropriate responses to any complaints, as appropriate

Therefore be it resolved that the OPSEU Executive Board will establish an independent subcommittee to develop a supplementary harassment and discrimination policy and procedures (Supplementary HDPP) to ensure the consistent, independent and accountable handling of member complaints/allegations of Code-based harassment or discrimination as well as non-Code based personal harassment by OPSEU and/or its staff, for review and approval by the Board; and

Be it further resolved that the Supplementary HDPP Subcommittee will work with the President’s Office, OPSEU’s Equity Unit and external consultants as required, and in consultation with representatives of OPSEU’s equity committees and caucuses and others as required; and

Be it further resolved that an OPSEU Human Rights Officer be assigned as a resource person to advise and assist this subcommittee in its work, and

Be it further resolved that this subcommittee will be elected by the Board, and will report directly and independently to the Board on its work; and

Be it further resolved that the subcommittee will consist of three Executive Board Members, including at least one Regional Vice-President and at least one EBM who is not an RVP, with elections to take place at the first Executive Board Meeting following the bi-annual election of OPSEU’s Executive Board and Full-Time Officers; and

Be it further resolved the Subcommittee’s first order of business will be to develop a proposed work plan and budget for the development of the Supplementary HDPP and procedures, and a proposed budget as required, for presentation to the October 2019 Executive Board Meeting; and

Be it further resolved that following the adoption of a Supplementary HDPP, the subcommittee will remain in place to oversee its implementation and operations and provide periodic reports and recommendations to the Board as required; and

Be it further resolved that as an interim measure, the Board affirms OPSEU’s current practice that:

  • Any member who makes a complaint to the President’s Office regarding an alleged incident of harassment or discrimination by OPSEU or its staff will have the right to the assistance of an HDPP Advisor or support person of their choice as per Article 2.0 to 2.3 of the HDPP Procedures, and
  • Any member who is the subject of a complaint to or investigation by the OPSEU President’s Office regarding an alleged incident of harassment or discrimination that falls outside the scope of the current HDPP, or who is named as a party to or is asked to participate in such an investigation will have the right to the assistance of an HDPP Advisor or support person of their choice as per Article 2.0 to 2.3 of the HDPP Procedures.

Moved by Kwok/Arscott – Refer this issue to the President’s Office.

Roll Call #2

Almeida, Eddy against

Arscott, Julius for

Arvelin, Ed against

Elliott, Len against

Finucane, Drew against

Kwok, Kingsley for

Labelle, Sara against

Langford, Tara against

Maclam, Kenneth against

Magner, Myles for

Maszczakiewicz, Tara against

Morton, Lucy against

Nancekivell, Laurie against

Perron, Janel against

Roy, J.L. against

Shearer, Philip against

Steinbrunner, Ken —

Thibodeau, Carl against

Thomas, Warren against

Tremblay, Chrisy against

DEFEATED 3 for 16 against

The question was called on the motion:

Whereas OPSEU’s Harassment and Discrimination Prevention Policy and its related procedures provide a process for addressing and resolving complaints between members regarding harassment and discrimination on grounds covered by the Ontario Human Rights Code as well as non-Code based personal harassment; and

Whereas this policy:

  • “applies to all OPSEU members, including retired members and elected leaders during any Union-related duties, activities and functions”
  • “applies to union-related interactions between members and elected Union leaders in the workplace”
  • “addresses all forms of harassment and discrimination, including systemic discrimination. Where the term “systemic” discrimination is used in the Policy and/or Procedures Manual, it refers to patterns of behavior, policies, or practices that are part of OPSEU’s structures, and which create or perpetuate disadvantage based on a prohibited ground”; and

Whereas the HDPP policy does not apply to or provide a process for addressing and resolving potential allegations or complaints of harassment and discrimination by members regarding the behaviors of, or operational decisions made by, OPSEU and/or its staff; and

Whereas OPSEU has no other formal policy or procedures for addressing such complaints in a consistent, independent and accountable manner, which may result in a perception that complaints are being addressed in an ad-hoc fashion and/or an actual or perceived conflict of interest with respect to OPSEU’s handling of such complaints; and

Whereas many leading organizations that provide services to members or clients have developed policies and procedures for handling complaints by members/clients regarding the behavior or operational decisions of those organizations and/or their staff, to ensure such complaints are handled appropriately and independently; and

Whereas such policies and procedures typically include:

  • the establishment of an independent Board committee or subcommittee, reporting directly to the Board of Directors, to oversee the development, review and application of the policy and the organization’s response to any findings, and
  • the engagement of an independent, external, professional service provider to administer elements of the policy, including receiving, investigating and making recommendations regarding appropriate responses to any complaints, as appropriate

Therefore be it resolved that the OPSEU Executive Board will establish an independent subcommittee to develop a supplementary harassment and discrimination policy and procedures (Supplementary HDPP) to ensure the consistent, independent and accountable handling of member complaints/allegations of Code-based harassment or discrimination as well as non-Code based personal harassment by OPSEU and/or its staff, for review and approval by the Board; and

Be it further resolved that the Supplementary HDPP Subcommittee will work with the President’s Office, OPSEU’s Equity Unit and external consultants as required, and in consultation with representatives of OPSEU’s equity committees and caucuses and others as required; and

Be it further resolved that an OPSEU Human Rights Officer be assigned as a resource person to advise and assist this subcommittee in its work, and

Be it further resolved that this subcommittee will be elected by the Board, and will report directly and independently to the Board on its work; and

Be it further resolved that the subcommittee will consist of three Executive Board Members, including at least one Regional Vice-President and at least one EBM who is not an RVP, with elections to take place at the first Executive Board Meeting following the bi-annual election of OPSEU’s Executive Board and Full-Time Officers; and

Be it further resolved the Subcommittee’s first order of business will be to develop a proposed work plan and budget for the development of the Supplementary HDPP and procedures, and a proposed budget as required, for presentation to the October 2019 Executive Board Meeting; and

Be it further resolved that following the adoption of a Supplementary HDPP, the subcommittee will remain in place to oversee its implementation and operations and provide periodic reports and recommendations to the Board as required; and

Be it further resolved that as an interim measure, the Board affirms OPSEU’s current practice that:

  • Any member who makes a complaint to the President’s Office regarding an alleged incident of harassment or discrimination by OPSEU or its staff will have the right to the assistance of an HDPP Advisor or support person of their choice as per Article 2.0 to 2.3 of the HDPP Procedures, and
  • Any member who is the subject of a complaint to or investigation by the OPSEU President’s Office regarding an alleged incident of harassment or discrimination that falls outside the scope of the current HDPP, or who is named as a party to or is asked to participate in such an investigation will have the right to the assistance of an HDPP Advisor or support person of their choice as per Article 2.0 to 2.3 of the HDPP Procedures.

Roll Call #3

Almeida, Eddy against

Arscott, Julius for

Arvelin, Ed against

Elliott, Len against

Finucane, Drew against

Kwok, Kingsley for

Labelle, Sara against

Langford, Tara against

Maclam, Kenneth against

Magner, Myles for

Maszczakiewicz, Tara against

Morton, Lucy against

Nancekivell, Laurie against

Perron, Janel against

Roy, J.L. against

Shearer, Philip against

Steinbrunner, Ken against

Thibodeau, Carl against

Thomas, Warren against

Tremblay, Chrisy against

DEFEATED 3 for 16 against

Julius Arscott, Kingsley Kwok, Myles Magner filed minority reports

Adjournment

The Executive Board adjourned at 8:42p.m. All members were present except Ken Steinbrunner.

__________________________________ ____________________________________

Warren (Smokey) Thomas, President Nicole Glass, Corporate Secretary

/ng