SCHEDULE "A"

Public Service Alliance of Canada Regulations

NATIONAL BOARD OF DIRECTORS

REGULATION NO. 1

Enacted this 15th day of December 1967
(As amended January 29, 1971)
(As amended September 27, 1973)

Pursuant to the authority and power vested under the Constitution of the Public Service Alliance of Canada, in Section 12 thereof, the Alliance Executive Committee, on behalf of the National Board of Directors, hereby enacts as follows:

1. This Regulation may be cited as the allocation of members to new Components Regulation, pursuant to Section 7 of the Constitution of the Public Service Alliance of Canada.

2. This Regulation shall set standards and procedures for allocating members to new Components.

Administration
3. The Alliance Executive Committee shall be responsible for the appointment of an administrator, or an administrative unit, who shall be assigned the task of forming new Components.

4. The administrator shall report at regular intervals to the Alliance Executive Committee with copies of all communications and data which relate to the formation of new Components.

Proof of Membership
5. Before any action is taken to form a new Component, the Alliance Executive Committee shall be satisfied that the Component to be formed consists of no less than fifteen hundred (1500) members or otherwise qualifies under Section 7, Sub-Section (5) of the Constitution.

Form of Organization
6. Upon receipt of satisfactory evidence that the provisions of Section 5 above have been met, the Alliance Executive Committee may authorize the administrator to proceed with the formation of the new Component.

7. The administrator shall thereupon notify the members concerned of the decision and inform them that the following procedures will take place:

(a) an advisory committee will be formed in the capital area, the members of which shall be representative of the major divisions of the new Component. Members of the National Executive of any Component who will be transferred to the new Component shall be consulted by the Alliance Executive Committee and shall be appointed to the advisory committee:

(b) the administrator and the advisory committee will draft an organizational structure, by-laws and a proposed budget for the new Component; and

(c) the draft documents mentioned in (b) above, shall be submitted for the approval of the Alliance Executive Committee and when approved, shall be submitted to the membership and to the inaugural convention of the new Component.

8. The interim by-laws as approved by the Alliance Executive Committee shall be examined by a Committee on By-Laws of the inaugural convention which may propose any amendments that do not conflict with the provisions of the Constitution of the Public Service Alliance of Canada. Any amendment to the interim by-laws proposed by the Committee on By-Laws shall require the approval of a majority of the voting delegates to the inaugural convention. The adoption of by-laws by the inaugural convention shall constitute the establishment of the new Component, subject to final approval of the Alliance Executive Committee. The by-laws as adopted shall not be amended or altered until the first regular convention of the new Component following the inaugural convention.

9. The proposed budget of the new Component shall be subject to discussion and amendment at the inaugural convention.

Transfer of Members and Dues
10. Following approval by the Alliance Executive Committee of the interim by-laws and the form of organization of the new Component, all eligible members shall be transferred to the new Component.

11. The administrator shall supervise the affairs of the new Component until such time, within a period of not more than six (6) months from the date of the adoption of by-laws by its inaugural convention, the new Component has provided evidence that all obligations of any dissolved Component or Components have been discharged and that all expenses of the inaugural convention have been paid.

12. The administrator, within a period of not more than six (6) months from the date of transfer of members in accordance with Section 10 of this Regulation, shall arrange for an inaugural convention of the new Component, the delegations to which shall be proportionate to the numbers of members involved. The expenses of the Convention shall be met out of the special account provided in Section 13 hereof, or by arrangements between the Components affected, or as directed by a Regulation of the National Board of Directors.

13. The dues of all eligible members, following deduction of the Alliance Centre portion, shall be placed in a special account and shall be controlled and administered by a member of the Alliance Executive Committee and the administrator.

14. Following the new Component's inaugural convention, the administrator shall submit to the Alliance Executive Committee an audited statement of any special account established as provided in Section 13 hereof, or, where applicable, the evidence provided by the new Component as required by Section 11 hereof.

15. Upon satisfying itself that the account is in good order, the Alliance Executive Committee shall authorize a transfer of the account to the new Component.

Period of Probation
16. Subsequent to the transfer of the account as outlined in Section 15 of this Regulation, there shall be a period of probation of not more than six (6) months during which the new Component shall demonstrate that it is capable of discharging effectively its duties and responsibilities to the members and to the Alliance.

17. Deleted.

18. During the period of probation, the new Component shall maintain the following performance standards:

(a) the proper functioning of Locals;

(b) the selection and attendance of Local Shop Stewards at training programs;

(c) processing of appeals and grievances of members of the Components;

(d) upon delegation of authority from the Alliance, assume responsibility for collective agreements signed by the Alliance covering employees within the jurisdiction of the Component;

(e) negotiate classification problems and working conditions of its members solely of concern to them;

(f) establish good communications between its headquarters and the members;

(g) establish good working relations with the Alliance and its Components; and

(h) demonstrate its ability and willingness to act in accordance with the objectives outlined in its own by-laws and the Constitution of the Alliance.

Participation during Period
19. During the period of probation, and until a charter has been granted to the new Component, it will not be entitled to direct representation on the National Board of Directors.

Granting of Charter
20. The Alliance Executive Committee, after it is satisfied that the new Component is capable of discharging its duties and responsibilities, shall recommend to the National Board of Directors that a charter be issued to the new Component.

21. Upon authorization from the National Board of Directors, the Alliance Executive Committee shall forthwith issue a charter to the new Component.

Settlement of Disputes
22. If during the course of forming a new Component a jurisdictional dispute arises, the matter shall be submitted to the Alliance Executive Committee for settlement pursuant to Section 27 of the Constitution.

23. If during the course of forming a new Component a dispute arises within the membership of the proposed new Component, the latter will be referred to the Alliance Executive Committee whose decision shall be final.

Special Account
24. The primary purpose of the special account shall be to meet all expenses of the new Component including those of its inaugural convention.

25. The Alliance Executive Committee may, during the period of probation, authorize disbursements out of the account for purposes of travel expenses, office equipment and supplies, office rent and salaries of support staff, provided these expenditures are solely for the support and maintenance of the new Component

Regulation Index

Enacted this 1st day of February 1968
(As amended May 26, 1971)
(As amended September 25, 1986)
(As amended May 29, 1991)

Pursuant to the authority and power vested under the Constitution of the Public Service Alliance of Canada, in Section 12 thereof, the National Board of Directors hereby enacts as follows:

1. In this Regulation, the word Alliance means the Alliance Centre and the Components.

2. Section 8(1) of the Public Service Staff Relations Act is hereby made a part of this Regulation as if recited herein in extenso.

3. During any period or periods in which a member, other than one falling within the provisions of Section 2 of this Regulation, and excepting full-time paid elected officers of the Alliance becomes a person:

(a) on extended leave of absence;

(b) on lay-off; or

(c) retired

from the public service of Canada, such member may be granted Associate Membership in the Alliance.

4. Notwithstanding Sections 2 and 3 of this Regulation, in accordance with Section 4, Sub-Section (9) of the PSAC Constitution, an employee who is excluded on a confidential basis only may be granted Associated Membership in the Alliance providing the applicable membership dues are paid in advance on a quarterly basis.

5. Any person, who is not a member of the Alliance, and who is an employee of the Alliance, may be granted Associate Membership in the Alliance.

6. Associate Members within the meaning of Sections 3, 4 and 5 of this Regulation:

(a) shall have no right to attend meetings of the Alliance except meetings which are specifically called to consider matters relating exclusively to rights and privileges of Associate Membership;

(b) shall have no right to vote;

(c) shall not be eligible for elective office in the Alliance; and

(d) shall not be eligible for representation to any Convention of the Alliance;

but shall be entitled to all other rights and privileges of membership in the Alliance.

7. Associate Membership, in accordance with Sections 3, 4 and 5 of this Regulation, may only be granted upon receipt by the Alliance Centre of an application for Associate Membership.

8. Associate Members may be issued with a membership card as evidence of their membership in the Alliance. This card shall contain a clear indication of the fact that the member is an Associate Member.

Regulation Index

Enacted this 1st day of April 1969
(As amended May 24, 2000)

Sub-Section (6) of Section 4 of the PSAC Constitution reads in part as follows:

"The awarding of Life Memberships shall be controlled and decided upon by the National Board of Directors which shall establish regulations to govern the award thereof."

The Board of Directors hereby enact Regulation No. 3 which governs the award of Life Memberships in the Public Service Alliance of Canada from this date forward.

1. Nominations for Life Membership in the Public Service Alliance of Canada may be made by the National Executive of a Component in respect to any member or executive officer or former member or executive officer of a Component who through personal and devoted efforts in the affairs of the Public Service Alliance of Canada has performed exemplary service for the membership of the Public Service Alliance of Canada.

2. Nominations for Life Membership in the Public Service Alliance of Canada may be made by the National Board of Directors in respect of any member or ex-member of the Board of Directors who through personal and devoted efforts in the affairs of the Public Service Alliance of Canada has performed exemplary service for the members of the Public Service Alliance of Canada.

3. All nominations for Life Membership shall be considered by the National Board of Directors and if approved by two-thirds (2/3) of the membership of the Board, Life Membership shall be granted to the nominee.

4. A Life Member of the Alliance, who would be eligible for regular membership in the Alliance, shall be entitled to all the rights and privileges of membership in the various parts of the Alliance organization providing the Life Member is not barred from participation in the affairs of an employee organization by reason of the terms or conditions of employment or any requirement of the Public Service Staff Relations Act.

5. An employee of the public service who has been granted Life Membership in the Alliance shall have said Life Membership placed in suspension for the duration of this employment in the public service while he or she is employed in a confidential or managerial capacity or in any position where he or she is barred from participation in the affairs of an employee organization by reason of the terms and conditions of his or her employment or any requirement of the Public Service Staff Relations Act.

6. Life Membership in the various segments of the Alliance organization, such as Area Councils, Locals or Components shall not be recognized as Life Memberships in the Public Service Alliance of Canada unless they have been approved by the Board of Directors.

7. Life Memberships in the Alliance shall not exceed thirty-five (35) at any one time except under the provisions of Sub-Section (7) of Section 4 where it becomes necessary to temporarily exceed this limitation where the Board of Directors extends like recognition to Life Memberships of another organization of Canadian government employees or that organization becoming a constituent part of the Public Service Alliance of Canada.

8. A list of Life Memberships shall be established and maintained by the Director of the Finance and Administration Branch.

9. A Life Member of the Public Service Alliance of Canada shall not be required to pay dues.

Regulation Index

Enacted this 24th day of January 1970
(As amended May 31, 1975)
(As amended June 1, 1983)
(As amended January 29, 1987)

Pursuant to authority vested in the National Board of Directors by the Third National Convention of the Alliance, the National Board of Directors hereby enacts as follows:

1. This Regulation shall be known as the "Transfer of Leave Credits Regulation."

2. In this Regulation, the term "employee" means all full-time employees of the Alliance Centre, and all full-time employees of the Components of the Public Service Alliance of Canada.

3. In this Regulation "leave" means:

(a) special leave;

(b) sick leave;

(c) furlough leave; and

(d) severance pay entitlement.

Special leave, sick leave and severance pay entitlement has the same meaning as in the collective agreements between the staff unions and the Public Service Alliance of Canada. Furlough leave shall have the same meaning as in the collective agreement with Treasury Board for a similar group or in the absence of a collective agreement as contained in Treasury Board regulations or directives.

4. When an employee terminates employment in a Component and, within one week, commences employment with the Alliance Centre, all unused leave credits that stand to the employee's credit in the records of the Component, will be transferred to the Alliance Centre provided these are substantiated to the satisfaction of the Alliance Centre.

5. These unused leave credits shall be placed to the employee's credit in the records of the Alliance Centre, as though they had been earned while in the employment of the Alliance Centre and shall be so regarded for all purposes.

6. Severance pay, to which the employee is entitled, shall be calculated by the Component as though the applicable collective agreement between the Alliance Centre and the appropriate staff union applied. A cheque shall be issued to the Alliance Centre in the amount required to satisfy the provisions of that collective agreement. Where the employee concerned subsequently terminates employment with the Alliance Centre, he/she is not entitled to severance pay and does not recommence employment with another Component, the amount of severance pay entitlement shall be returned, without interest, to the originating Component(s).

7. The provisions of this Regulation shall apply, mutatis mutandis, when an employee terminates employment in the Alliance Centre and, within one week, commences employment in a Component of the Public Service Alliance of Canada.

Regulation Index

Enacted this 29th day of September 1970

Pursuant to the authority and power vested by the Constitution of the Public Service Alliance of Canada under Section 12 thereof, the National Board of Directors hereby acts as follows:

1. This Regulation may be cited as the Finances Notice of Motion Requirement, pursuant to Sub-Section (21) (sic) of Section 24 of the Constitution.

2. This Regulation shall establish procedures for the authorization of funds to be allocated by the Board of Directors of the Public Service Alliance of Canada.

3. It shall be mandatory, upon any member of the Board wishing to propose at a session of the Board of Directors, the expenditure of funds of the Public Service Alliance of Canada in excess of two hundred dollars ($200), to give formal Notice of Motion of his or her intention to do so.

4. Such Notice of Motion shall be given at a preceding session of the Board of Directors and shall not require a seconder and shall not require formal action by the Chairperson other than to recognize the mover of the Notice of Motion and assure that the Notice of Motion is recorded in the Minutes together with the name of the mover.

5. Having received Notice of Motion of an intention to amend or rescind a regulation of the Board of Directors, the Chairperson shall place the matter on the agenda in an appropriate place so as to provide an opportunity for the mover of the Notice of Motion to make a formal motion which shall then require a seconder and shall be dealt with according to Bourinot's Rules of Procedure.

Regulation Index

Enacted this 28th day of September 1970
(As amended January 27, 1972)
(As amended January 30, 1975)
(As amended February 3, 1979)
(As amended June 1, 1982)
(As amended September 25, 1985)
(As amended January 26, 1989)
(As amended October 6, 1989)
(As amended October 15, 1991)
(As amended January 28, 1992)
(As amended September 29, 1992)
(As amended September 27, 1994)
(As amended September 23, 1997)
(As amended October 1998)
(As amended January 25, 2001 )
(As amended June 1, 2001 )
(As amended January 24, 2002 )
(As amended May 2003)

              Pursuant to the authority and power vested by the Constitution of the Public Service Alliance of Canada under Section 12 thereof, the Board of Directors hereby enacts as follows:  

1.            Schedule of Benefits for Strike  

(a)          The qualifying period for benefits is two days which need not be consecutive providing that the strike action is part of the same dispute.  Beginning on the third day strike pay will be paid retroactively for the full period to each member participating in the strike: $50 for each day to a maximum of $250 per calendar week for the authorized duration of the strike in accordance with the PSAC Strike Procedure.

(b)          Notwithstanding (a) above, for a member who normally works less than twenty (20) hours per week, who participates in the strike:   $35 for each day to a maximum of $175 per calendar week for the authorized duration of the strike in accordance with the PSAC Strike Procedure.

(c)          Notwithstanding the provisions of paragraphs (a) and (b) above, the   Alliance Executive Committee may authorize payment of strike benefits of $50 per day to a maximum of $350 per calendar week or in the case of (b) above, $35 per day to a maximum of $245 per calendar week in a situation where members are requested to and scheduled to picket seven (7) days per week.

(d)          Notwithstanding the provision of paragraph (a) above, the Alliance Executive Committee may make recommendations to the Emergency Fund Committee to provide for payment of benefits to members who participate in any activities, as may be decided from time to time by the Alliance Executive Committee or the National Board of Directors.   The amount of such benefits would be as determined by the Alliance   Executive Committee in each instance after having considered existing   circumstances and the nature of such activities.   Such activities must have the prior approval of the Alliance Executive Committee or of the National   Board of Directors and be authorized by the National President.   With the exception of strategic strike pay, this Section cannot be used to increase strike pay as provided in Section 1 (a), (b) and (c).

(e)          Notwithstanding Section 1 (a), (b) and (c), the Alliance Executive Committee may approve strategic strike action at 60% of a member's gross pay for a period of two weeks beginning on the commencement of a strike, providing that the NSCC can demonstrate that strategic strike action can effectively undermine an employer's operation, and providing that no more than 10% of the members of the bargaining unit receive strategic strike pay.   Strike pay paid during a strategic strike will be paid from the first day of strike action. Any extension of a strategic strike action or increase above the 10% of the members who receive strategic strike pay must have the prior approval of the AEC or the NBoD and must be authorized by the National President.

(f)            The cut-off date for submitting strike pay requests is six (6) months from the last day of a strike.

(g)          Benefit premiums, as determined by the AEC on a case by case basis, required to ensure continued insurance coverage will be paid to the employer by the PSAC during a strike by PSAC members.

(h)           Notwithstanding (a) above, when a member on a rotating strike, is on   strike for less than three days, s/he shall be paid strike pay if her/his bargaining unit has been on a rotating strike for three days.

2.            Definitions

(a)          For the purpose of this Fund, and subject to all its provisions, a member is also a member in a bargaining unit generally known as a Rand Deductee who makes regular contributions to the Fund.

(b)          Only members on the active payroll of the Employer with whom the bargaining agent is in dispute shall be eligible for benefits.

(c)           Notwithstanding the above, any staff member who contributes his/her pay to the PSAC Emergency Fund, or any PSAC member outside the striking bargaining unit(s) who takes leave without pay to actively work in support of the strike, shall be entitled to receive strike pay.   This amendment is effective September 9, 1991 .

3.            Benefit Limitation

The Emergency Fund shall be administered by the PSAC Centre.

              (i)            Emergency Fund (Administrative)

Subject to the recommendation of the Emergency Fund Committee and the approval of the National Board of Directors, the Emergency Fund may be used for purposes including but not limited to, the costs of national strike headquarters, additions to a national communications network, expenses related to national headquarters meeting of strike committee, distribution from the PSAC Centre of publicity material and other publications related to the strike, legal fees, consultant fees, charges for conciliation boards and arbitration hearings or other purposes related to an arbitration case, conciliation board or authorized strike or lock-out that would not normally be provided in the regular budget.   Charges against this account to cover the cost of conciliation, mediation or arbitration shall be limited to costs incurred in excess of the costs of normal collective bargaining as determined by the Emergency Fund Committee.

(ii)           Emergency Fund (Strike Benefits)

While funds are available in the Emergency Fund account, strike benefits will be paid as a matter of right to all eligible participants in a legal and authorized strike as outlined in this Regulation.

(iii)          The salaries of full-time staff or officers of the PSAC shall not be charged at any time to the Emergency Fund account.

4.            Eligibility for Benefits

(a)          Members are eligible for benefits who are involved in a legal and authorized strike action.

(b)          Those members or their representatives who incur expenses beyond the normal costs of collective bargaining in conjunction with authorized actions; i.e. conciliation, mediation or arbitration, shall be eligible for reimbursement from this Fund.

(c)           To maintain eligibility for benefits in the case of strikes, members are required to carry out duties for a minimum of four (4) hours each day as assigned by duly recognized officers. In some strike situations, it may be necessary for members to carry out duties for their normal work day.   Failing to do so will result in the loss of benefits for each day absent without cause.

5.            Non-Eligibility in the Event of Strike

              Members will not be eligible for benefits under the following circumstances:

(a)          Members unemployed or on lay-off at the beginning of the strike.

(b)          Members on paid vacation, sick leave, injury on duty leave, compensation benefits or other paid leave.

6.            Administration

(a)          The Emergency Fund shall be administered by the Emergency Fund Committee which shall be composed of the National President of the Public Service Alliance of Canada, one Regional Executive Vice-President of the Public Service Alliance of Canada, plus three other members to be elected by the Board of Directors.

(b)          The Emergency Fund shall be a completely separate account of the Public Service Alliance of Canada.

(c)           All monies in the Fund are to be invested in accordance with the laws of Ontario for Trustees.

(d)          Prior to each regular meeting of the Board of Directors, the Comptroller of the PSAC shall provide the Emergency Fund Committee with a report as to the current state of the Fund, investments made, and disbursements, since the previous report.

(e)          All disbursements for administrative purposes from the Fund must be approved by a majority of the members of the Committee, whereupon the Chairperson of the Committee shall be empowered to issue the necessary direction to the Director of the Finance and Administration Branch of the PSAC to make payment from the Emergency Fund to the General Fund as outlined by the Committee.

(f)            The Chairperson of the Emergency Fund Committee shall be the National President of the Public Service Alliance of Canada.

(g)          The Chairperson of the Committee shall have the authority to call meetings as deemed necessary, or upon the request of a majority of the members of the Committee.

(h)           The Chairperson of the Committee shall report on the operations of the Fund at each regular session of the Board of Directors of the Public Service Alliance of Canada.

7.            Method of payment

(a)          After a strike has been ordered by the bargaining agent the Comptroller will arrange for the transfer of funds from the Emergency Fund to special accounts established for the purpose of strike payments only.   Withdrawal from these special accounts will require two signatures as approved by the Alliance Executive Committee.   Each striking member must perform assigned duties to qualify for benefits, and must signify receipt of benefits in the manner prescribed by the Emergency Fund Committee.

(b)          At the conclusion of the strike, the Regional Strike Coordinator will submit a detailed report through the National Strike Coordinator to the Director of the Finance and Administration Branch as to the disbursement of funds made by the Strike Coordinator, supported by evidence that the persons indicated on the nominal roll each week were entitled to and received the monies allocated to them by the Strike Coordinator in accordance with the prescribed procedure.

8.            Other Benefits

                            Other unusual expenses of collective bargaining referred to the Committee by the Alliance Executive Committee may be paid on the recommendation of the Committee and the approval of the National Board of Directors.

Regulation Index

Enacted this 22nd day of May 1990

Pursuant to the authority and power vested under the Constitution of the Public Service Alliance of Canada in Section 12 thereof, the National Board of Directors hereby enacts as follows:

From time to time, funds are collected by various regional or local groups of the Public Service Alliance of Canada to provide financial assistance to members, particularly during strike situations.

Section 25, Sub-Section (5) (j) of the PSAC Constitution states that when the name of the Alliance is used to solicit funds, the consent of the Alliance Executive Committee is required. Providing the conditions outlined in this Regulation are complied with, and the Alliance Executive Committee is provided with official written notification of the PSAC regional or local group, the group concerned will be deemed to be in compliance with the PSAC Constitution.

I - Procedures
1. The PSAC regional or local group must elect a Board of Trustees who shall be responsible for maintaining up-to-date administrative and financial records.

2. The signing officers shall be the Chairperson, Vice-Chairperson and Secretary-Treasurer. All cheques shall require the signature of any two of the above.

3. A quorum shall consist of a majority of the Board of Trustees.

4. Meetings of the Board of Trustees shall be held as required, but not less than once a year.

5. Records shall be maintained and up-to-date at all times and be available to an authorized representative of the Alliance Executive Committee.

6. All revenues must be deposited in a chartered bank, trust company or credit union account in the name of the applicable PSAC regional or local group. Under no circumstances will funds be disbursed in the form of a cash payment.

7. A financial statement complete with all revenues and expenditures for the period January 1 to December 31 will be provided on or before April 1st of each year to the National President of the PSAC. The financial statement shall be accompanied with the account name, branch and account number of the bank, trust company or credit union where the funds are deposited.

II - Disbursements
1. All disbursements from the fund shall be by cheque from a chartered bank, trust company or credit union account.

2. Disbursements may be made:

(a) directly to member(s);

(b) to a welfare committee established in accordance with the PSAC Strike Manual; or

(c) to the Strike Coordinator, at any level, as defined in the PSAC Strike Manual.

3. Disbursements may be in the form of:

(a) direct grants;

(b) payment on behalf of; or

(c) loans with or without interest.

The Board of Trustees shall respect the confidentiality of individual recipients, but will maintain records of all disbursements in such a manner as is acceptable for audit purposes and to ensure such expenditures are legitimate. In the case of an individual who fails to repay a loan as scheduled, the Board of Trustees may disclose the individual's name to those who should be made aware of the situation.

Regulation Index

Enacted this 27th day of September 1994
(Amended September 26, 2002 )
(Amended January 20, 2003 )
(As amended May 2003)  

              Pursuant to the authority and power vested under the Constitution of the Public Service Alliance of Canada in Section 12 thereof, the National Board of Directors hereby enacts as follows:

REGULATION GOVERNING THE OPERATION OF THE NATIONAL HARDSHIP FUND

              At the 1994 Triennial Convention of the Public Service Alliance of Canada, Resolution #93A was passed, requiring any member receiving money from the employer during a strike of his/her bargaining unit to remit 25% of this pay (after standard deductions) to be set aside for a National Hardship Fund to assist members encountering financial hardship due to being on strike or honouring a picket line and thereby being prevented from reporting to work.  

1.            PURPOSE  

               The purpose of the National Hardship Fund is to provide assistance of an emergency nature, including but not restricted to urgent matters of food and shelter, to members who are incurring/have incurred financial hardship due to being on strike or honouring a picket line and thereby being prevented from reporting to work. It is not intended to be a source of supplementary strike pay.  

2.            PROCEDURES  

1)           During a strike, Regional Strike Support Committees will establish a Hardship Committee of no less than three members which shall be responsible for convening meetings as necessary to assess requests for emergency assistance required because of the strike, and make recommendations for funding to the Regional Office.   If necessary, members of a Regional Hardship Committee can be replaced as the need arises by the Regional Strike Support Committee or by the Regional Strike Coordinator.

2)           Emergency assistance from other sources must be reported to the Regional Hardship Committee by applicants, and will be taken into account in formulating its recommendation.

3)           The National Hardship Fund will be managed as a separate account by the PSAC Centre.   With the approval of the REVP, Regional Offices will forward requests from Regional Hardship Committees to the PSAC Centre, including names, PSAC ID numbers, addresses and amounts.   Due to lack of funds in the account, some requests for assistance approved by the Regional Hardship Committees may be delayed or denied. Where a delay occurs, the Regional Hardship Committee will ascertain, if funds again become available, whether or not the member seeking assistance still requires it.  

4)           In order that emergency aid may be provided as quickly as possible, Regional Offices will be authorized by the REVP to issue cheques immediately from the imprest account, upon confirmation that sufficient funds exist in the National Hardship Fund account. When sufficient funds are not available, favourable recommendations from the Regional Hardship Committees will be funded from what monies are available on a first-come first-serve basis.   Regional Offices will be reimbursed in turn upon receipt and approval of the written information specified in (3).  

5)           The Regional Hardship Committees will not disband until the National Hardship Fund is exhausted and no longer subject to replenishment, or emergency situations directly attributable to the strike can reasonably considered to have ended.  

6)           Regional Hardship Committees will maintain up-to-date administrative records, available to an authorized representative of the Alliance Executive Committee. The confidentiality of individual applicants for emergency assistance shall in all cases be respected.  

3.            PROCEDURES FINANCIAL  

1)            Any monies deposited into the National Hardship Fund subsequent to June 1, 2001 pursuant to Section 24, Sub-Sections (7) and (9) of the PSAC Constitution, and any donations received specifically directed to strikes, shall be returned to the Region providing the PSAC REVP request the funds.  

2)            The expenditure of funds maintained in the regions as provided for in Section 3 (Procedures Financial), Sub-Section (1) must be consistent with the requirements outlined in Section 1 (Purpose) and Section 2 (Procedures General), Sub-Sections (1) and (2).  

3)            Financial statements or a detailed report outlining the monies received and      disbursed must be provided to the PSAC National President by the   REVP within   90 days of the end of each calendar year.    

4.            APPEAL PROCEDURES  

1)            A member dissatisfied with a decision of a Regional Hardship Committee or the PSAC Centre can appeal the decision to the National President in writing.   Said appeal must contain all relevant information that was provided to the Regional Hardship Committee and/or the PSAC Centre.  

2)            A committee of three Alliance Executive Committee members who were not involved in the decision will review the documentation submitted by the member and the reasons for decision provided by the Regional Hardship Committee and/or the PSAC Centre and determine whether the decision was appropriate in the circumstances.   The Committee will not normally interview the appellant or representatives of the decision-making body (Regional Hardship Committee or PSAC Centre) but has the ability to do so when clarification is required.

3)            The Appeal Committee will report its conclusions to the National President, who will in turn advise the member of the outcome of the Appeal.  

4)            Appeal Committees will be chaired by the National Executive Vice-President unless she/he was involved in the initial hardship decision, in which case the Appeal Committee will be chaired by an REVP on a rotational basis.  

5)            It is the responsibility of the Chair to appoint the remaining members of the Appeal Committee.  

 Regulation Index

REGULATION NO. 7

Enacted this 27th day of January 1971
(As amended September 28, 1973)
(As amended September 4, 1975)
(As amended January 23, 1978)
(As amended January 29, 1981)
(As amended June 2 and 4, 1982)
(As amended September 29, 1983)
(As amended May 22, 1985)
(As amended September 23, 1985)
(As amended January 30, 1986)
(As amended September 30, 1988)
(As amended September 25, 1996)
(As amended January 27, 1999)

Pursuant to the authority and power vested by the Constitution of the Public Service Alliance of Canada in Section 12 thereof, the National Board of Directors hereby enacts as follows:

1. This Regulation may be cited as the "Expenses for Members of the National Board of Directors", pursuant to Section 24 of the Constitution.

2. Each Director will be paid expenses incurred in travelling to and from Board of Directors' meetings in accordance with the provisions of the Administrative Policy Manual, Chapter 370.

3. The Regional Vice-President Countries Outside Canada will be paid a Director's fee of $240.86 for the number of days of the Board meeting.

4. Except when in receipt of Director's fees, the Regional Vice-President Countries Outside Canada will be paid actual service wage from the time of departure from home to proceed, by the approved means of transportation, to a Board of Directors' meeting, until the time of return home, abated by any time spent on other than business of the Alliance Centre.

5. When the Regional Vice-President Countries Outside Canada is authorized to proceed on Alliance business during a regularly scheduled workday, the Regional Vice-President Countries Outside Canada shall be entitled to be paid their actual service wage.

6. When a member of the National Board of Directors is authorized to proceed on Alliance business on a day of rest or statutory holiday, he/she shall be entitled to be reimbursed expenses as per Section 2 of this Regulation and, in addition, shall be remunerated at the rate specified in the applicable collective agreement to a maximum amount of one day's regular pay of the Board member concerned.

Regulation Index

Enacted this 10th day of September 1971
(As amended May 26, 1973)

Pursuant to the authority and power vested by the Constitution of the Public Service Alliance of Canada, under Section 12 thereof, the National Board of Directors hereby enacts as follows:

1. This Regulation may be cited as the Amendment for Cancellation Requirement Regulation.

2. This Regulation shall establish procedures for the amendment of rescinding of Regulations established by the Board of Directors of the Public Service Alliance of Canada, pursuant to Sub-Section (5) (i) of Section 12 of the Constitution.

3. Upon any member of the Board wishing to propose at a session of the Board of Directors an amendment to, or the rescinding of, an existing Regulation of the Board it shall be mandatory for a member of the Board to give formal Notice of Motion of the member's intention to do so.

4. Such Notice of Motion shall be given at a preceding session of the Board of Directors and shall not require a seconder and shall not require formal action by the Chairperson other than to recognize the mover of the Notice of Motion and to assure that the Notice of Motion is recorded in the Minutes together with the name of the mover.

5. Having received Notice of Motion of an intention to amend or rescind a Regulation of the Board of Directors, the Chairperson shall place the matter on the agenda in an appropriate place so as to provide an opportunity for the mover of the Notice of Motion to make a formal motion which shall then require a seconder and shall be dealt with according to Bourinot's Rules of Procedure.

6. Motions proposing to amend or rescind Regulations of the Board shall require a two-thirds (2/3) majority affirmative vote of the Board of Directors.

Regulation Index

9 - Ratification Votes

9A - Contract Ratification for Locals Governed by the Canada Labour Code, the Council of Maritime Premiers Labour Code, and the Nova Scotia Trade Union Act

10 - Dispute Settlement Vote

NOW COVERED BY REGULATION NO. 15

Regulation Index

Enacted this 25th day of May 1973

Pursuant to a direction issued by the Third National Convention of the Alliance, the National Board of Directors hereby enacts as follows:

1. This Regulation may be cited as the Removal Expense for New Employees Regulation.

2. In this Regulation:

(a) "Public Service Alliance of Canada" means the Alliance Centre, the Components, Locals of Components and Area Councils;

(b) "Alliance" means the Public Service Alliance of Canada;

(c) "Removal Expense Regulations" means the Removal Expense Regulations, TB 448553 May 22, 1953 as amended;

(d) "member" means a member of the Alliance who is actively employed in a bargaining unit represented by the Alliance; and

(e) "employer" means the executive body of a constituent part of the Alliance which has the authority to appoint staff.

3. This Regulation applies to the Public Service Alliance of Canada.

4. A new employee of the Public Service Alliance of Canada who was a member at the time of appointment to a position in the Alliance, shall be entitled to be reimbursed for moving costs in accordance with the Removal Expense Regulations.

5. Where the Removal Expense Regulations discriminate with respect to sex or marital status those provisions which are discriminatory in nature, shall serve only as a minimum.

6. All expenses incurred in meeting the provisions of Sections 4 and 5 above shall be the responsibility of and paid by that part of the Alliance which is the employer.

Regulation Index

Enacted this 26th day of September 1974
(As amended May 22, 1976)
(As amended May 26, 1981)

Pursuant to the authority and power vested by the Constitution of the Public Service Alliance of Canada, under Section 12 thereof, the National Board of Directors hereby enacts as follows:

1. The President, or in his/her absence or on his/her delegation a Vice-President, shall take the Chair at the time specified and shall preside at all sessions.

2. Hours of sittings of meetings of the Public Service Alliance of Canada shall be determined by the appropriate by-laws or Constitution. In the absence of such rule, hours of sittings shall be determined by the meeting itself on recommendation of the Chairperson.

3. When a member wishes to speak, the member shall rise in his/her place. When recognized by the Chairperson, the member shall give his/her name and the body represented, state the purpose for which he/she rises and confine remarks to the question at issue.

4. Speeches shall be limited to five (5) minutes.

5. A member shall not speak more than once upon a subject until all who wish to speak have had an opportunity to do so.

6. A member shall not interrupt another, except to rise to a point of order or a question of privilege.

7. If a member is called to order, he/she shall, at the request of the Chairperson, be seated until the question of order has been decided.

8. Should a member persist in unparliamentary conduct, the Chair will be compelled to name the member and submit his/her conduct to the judgment of the meeting. In such case, the member whose conduct is in question should explain and then withdraw, and the meeting will determine what course to pursue in the matter.

9. When a motion has been made and seconded, the Chairperson shall state the motion and then ask: Are you ready for the question?

10. Any member may appeal a decision of the Chairperson and the appeal shall require a seconder. Immediately and without debate, except that the appellant and the Chairperson may give his/her reasons for the appeal and the question: Shall the decision of the Chair be sustained?

11. In the event of a tie vote on any matter other than the election of officers, the Chairperson may cast a deciding vote. The Chairperson shall not take part in a debate unless he/she leaves the Chair. Having left the Chair, he/she shall not return to it until the matter in question has been disposed of.

12. When the 'previous question' is moved and seconded, no further discussion is permitted on a main motion or amendment thereto and the Chair must take a vote on the motion for the previous question immediately by asking: Shall the question be now put? If a two-thirds (2/3) majority vote "that the question be now put", the motion or amendment shall be put without debate. If the motion to put the question is not passed by a two-thirds (2/3) majority vote, discussion will continue on the motion or amendment thereto. The previous question cannot be proposed by a person who has spoken on the motion or the amendment thereto.

13. (a) Any motion or amendment to a motion may be amended, provided the amendment is relevant to the question and does not have the effect of simply negating the question. If an amendment to an amendment has been moved and seconded, the Chair will not entertain any further amendments until the amendment to the amendment has been disposed of.

(b) Amendments are always voted on in reverse order to their introduction. That is, the amendment to the amendment must be disposed of before the amendment, and the amendment must be voted on before the main motion. Whether or not the amendments have carried, the main motion must always be voted on; otherwise the principal question remains undecided.

14. Committees may combine resolutions or prepare a composite resolution to cover the intent of the question at issue. Reports of committees are not subject to amendment by the meeting but a motion to refer back to the committee for reconsideration and direction shall be in order. Committees shall not sit while a meeting is in session, unless a majority of the members approve such action. On presenting the committee's recommendation to the meeting, the Chairperson of the committee shall present a motion in the following form: "I move, seconded by (name of Vice-Chairperson of the Committee) concurrence (or non-concurrence) in Resolution No. . . ." or "I move, seconded by (name of Vice-Chairperson of Committee) concurrence in Resolution No. . . ., as amended by the Committee" or, "I move, seconded by (name of Vice-Chairperson of Committee) concurrence in composite Resolution No. . . ., as prepared by the Committee" or, "I move, seconded by (name of Vice-Chairperson of Committee) acceptance of the Committee recommendations".

15. A motion to refer, if seconded, may be debated only as to the propriety or advisability of such referral but not as the main question. A motion to refer may include instructions to the committee or officer to which the motion is referred.

16. The report of a committee, when adopted, becomes the decision of the meeting which adopted it.

17. The following motions shall be in order at any time and in the order stated:

(a) To adjourn (not debatable);

(b) To recess (not debatable);

(c) Question of Privilege (the Chair must rule immediately before going on to further business);

(d) Point of Order (the Chair must rule immediately before going on to further business);

(e) To Lay on the Table (not debatable);

(f) To Put the Previous Question (not debatable); or

(g) To Postpone to a Future Time (debatable only as to propriety or advisability).

None of these motions shall be moved a second time until there has been an intermediate proceeding of business dealt with by the meeting.

18. A motion may be reconsidered providing the mover and seconder of the motion to reconsider voted with the prevailing side, and notice of motion has been given for reconsideration at the previous sitting. A motion to reconsider shall require a two-thirds (2/3) majority to pass.

19. (a) If the results of a voice vote or a vote taken by a show of hands as announced by the Chairperson, is doubted, upon request of any member, the Chairperson shall order a standing vote.

(b) A vote by secret ballot shall be taken only on a substantive motion at the request of any five (5) of the members present.

(c) A vote by secret ballot shall not be permitted on a procedural or dilatory motion with one exception: if the initial question was resolved by a secret ballot, a secret ballot will be permitted on a motion of reconsideration.

(d) Once the Chairperson has called the question, it shall not be in order to request a secret ballot.

(e) When a standing vote or a vote by secret ballot has been ordered, no adjournment or recess shall take place until the results have been announced. The Chairperson shall cause to have the number of members voting in the affirmative and negative recorded.

20. When a standing vote or a vote by secret ballot has been called by the Chairperson, no one, except with permission of the Chair, shall be permitted to enter or leave the floor until the results of the vote have been announced.

21. None but accredited members of the Public Service Alliance of Canada and authorized members of the staff shall be permitted on the meeting floor during the business sessions.

22. Any two (2) members at the meeting may request, and have ordered, a recorded vote. Upon receiving such request, the Chairperson shall require the secretary to call the roll and record the names of those members voting in the affirmative and in the negative.

23. Proposals and other matters of business submitted after the closing date of the agenda will be referred to the meeting and be dealt with as late resolutions. The meeting may refer them to the appropriate officer or committee. Late proposals will, however, be considered only after business listed on the agenda has been dealt with.

24. All motions calling for the expenditure of money will be placed in writing and together with all proposals and amendments referring to same, shall be referred to the appropriate committee or officer responsible for finances, for consideration before any vote is entertained thereon.

25. A motion to limit the debate shall be in order once the Chairperson has stated the question. It must be moved and seconded and is not debatable. A motion to limit debate may limit the number of speakers or the time allotted and the motion must so state. Such a motion shall require a two-thirds (2/3) majority to pass.

26. Election of officers shall be conducted in accordance with the provisions of Section 23 of the Constitution.

27. In calling for further nominations from the floor in accordance with the provisions of Section 23, Sub-Section (5), the Chairperson of the Nominations Committee will declare nominations closed after he/she has called: Are there any further nominations? three (3) times, without response.

28. The Chairperson of the Nominations Committee will announce after each vote by ballot:

(a) the number of ballots cast;

(b) the number of ballots cast for each candidate; and

(c) the number of spoiled ballots, if any.

29. Each candidate for an office shall have the privilege of nominating a scrutineer who shall be entitled to observe all phases of the election and the counting of ballots for that particular office.

30. In the event of a close decision, it will be in order for a member to request a recount. If the Chairperson of the Nominations Committee rules against a recount, the ruling may be appealed in the same manner as the ruling of the Chair may be appealed under rule number 10.

31. Quorums shall be determined by the appropriate by-laws or Constitution governing the body in session.

32. Bourinot's Rules of Order shall govern in all matters not regulated by the rules set out above or as provided by the PSAC Constitution.

Regulation Index

Enacted this 31st day January 1975

To give effect to Section 4, Sub-Section (4) of the PSAC Constitution, the National Board of Directors hereby enacts Regulation No. 13 which governs the award of Honourary Memberships in the Public Service Alliance of Canada from this date forward.

1. Nominees for Honourary Membership must be retired from the public service.

2. Nominations for Honourary Membership in the Public Service Alliance of Canada may be made by the National Executive of a Component, or by the National Board of Directors, in respect of any member who has given outstanding service to the Public Service Alliance of Canada.

3. Outstanding service to the Public Service Alliance of Canada shall mean service of a very significant nature involving a single incident, or service of a high calibre over a period of time; in any case, the service may be at any level of the organization as a whole, but it must also have benefited other segments of the organization other than the Component in which the person held membership.

4. All nominations shall be made in and on a form prescribed by the National Board of Directors for that purpose.

5. A separate application shall be completed for each nominee.

6. All nominations shall be directed to the Alliance Centre.

7. Applications for Honourary Membership in the Public Service Alliance of Canada shall be referred to the Standing Committee on Honours and Awards; this Standing Committee shall review all applications and make appropriate recommendations to the Board.

8. All decisions on awarding Honourary Memberships in the Public Service Alliance of Canada shall, in all circumstances, require a two-thirds (2/3) majority of the National Board of Directors assembled in regular meeting and voting by secret ballot.

9. A distinctive Honourary Membership Card and plaque shall be issued to all nominees whose applications are approved by the Board of Directors.

Regulation Index

Enacted this 30th day of May 1975

Pursuant to authority vested in the National Board of Directors by the Third National Convention of the Alliance, the National Board of Directors hereby enacts as follows:

1. This Regulation may be cited as the Distribution of Membership Equity to New Components Regulation.

2. (a) Upon being officially advised by the Alliance Executive Committee that it is proposed to form a new Component under the provisions of Public Service Alliance of Canada Regulation No. 1, each Component from which members are proposed to be transferred shall be required to establish a special account to which shall be credited monthly for a six (6) month period, an amount equal to the Component portion of monthly dues for each member to be transferred.

(b) At the expiration of the six (6) month period following receipt of the above advice the accumulated amount shall be paid to the Special Account established in accordance with Section 13 of Regulation No. 1.

Regulation Index

Public Service Alliance of Canada

Enacted this 29th day of May 1975
(As amended May 22, 1976 and May 26, 1977)
(As amended September 26, 1979)
(As amended February 1, 1980)
(As amended May 29, 1980)
(As amended September 27, 1981)
(As amended January 28, 1982)
(As amended September 27, 1983)
(As amended September 24, 1985)
(As amended March 28, 1987)
(As amended April, 1988)
(As amended May 22, 1990)
(As amended January 29, 1992)
(As amended March 30, 1992)
(As amended February 3, 1995)
(As amended January 31, 1996)
(As amended January 27, 1999)
(As amended January 25, 2001)
(Amended May 22, 2002)
(Amended July 29, 2002)

Pursuant to the authority and power vested by the Constitution of the Public Service Alliance of Canada, under Section 12 thereof, the National Board of Directors hereby enacts as follows:

REGULATION GOVERNING THE PROCESS OF
COLLECTIVE BARGAINING
IN THE ALLIANCE

General Principles

a) The Public Service Alliance of Canada is committed to an efficient and effective process of collective bargaining that represents the interests of the members and the goals of the union.

b) The PSAC is committed to membership involvement and representation in their own negotiations.

c) The PSAC represents members in bargaining units ranging in size from less than ten to tens of thousands of members employed by a wide variety of employers. It is recognized that the principles enunciated here apply equally to all groups. The reality of different circumstances among bargaining units requires flexibility in the application of approved guidelines for the conduct of the collective bargaining process.

d) The National President shall have responsibility for the interpretation of this regulation, and may delegate responsibility in this area to the Alliance Executive Committee Officer with responsibility for collective bargaining.

Guidelines

a) Guidelines shall initially be approved by the National Board of Directors and subsequently may be amended from time to time by the Alliance Executive Committee upon recommendation by the Collective Bargaining Committee of the National Board of Directors. The approved guidelines may be amended directly by the National Board of Directors.

b) Approved guidelines for the conduct of the collective bargaining process will be published by the Collective Bargaining Branch separately from this Regulation and shall contain, but not be limited to, administrative procedures deemed necessary to facilitate bargaining while maintaining the expenditure of membership dues, authorized expenses and reimbursements for those involved in bargaining, the size and selection of teams, etc., and shall be readily available to each member who is selected as a member of a negotiating team. Guidelines will have due regard for the use and application of current technology.

Deviations
a) Deviation from the approved guidelines requires the approval of the National President or the AEC Officer responsible for collective bargaining.
b) Deviation from the Regulation requires 2/3 approval of the NBoD.
c) Requests for deviation from this Regulation and the approved guidelines may be made by:
i. A Component National President where the bargaining unit is comprised of members within one or two Components.
ii. The Regional Executive Vice-President where the bargaining unit is a Directly Chartered Local.
iii. A majority of Component National Presidents where the bargaining unit is comprised of members from three or more Components.

ROLES AND RESPONSIBILITIES

2.1 The National President

The National President has the sole authority to interpret the PSAC Constitution and this Regulation. The National President also has specific responsibilities for collective bargaining. In consultation with the Collective Bargaining Committee of the NBoD, the National President will determine what items will be the subject of negotiations through the collective bargaining process and which will be subject to co-development/consultation at the National Joint Council.

The National President has the authority to appoint a member of the National Board of Directors to sit as a full member of each bargaining committee/negotiating team. Following consultation with the Alliance Executive Committee, the National President may lift the forty-eight (48) hour blackout for specified PSAC spokespersons when a tentative agreement is reached.

The National President has the ultimate authority in the area of strikes. In accordance with criteria contained in the guidelines, the National President is the only person authorized to call a strike vote within a bargaining unit or to authorize strike activity. The National President is also the only person who may authorize a bargaining unit to return to work following strike activity.

2.2 The Alliance Executive Committee

The Alliance Executive Committee is responsible to the National Board of Directors for the conduct of all collective bargaining for units covered by this Constitution. The AEC are required to have developed a program of demands for each bargaining unit during each round of bargaining. They may also delete or amend demands to ensure the good and welfare of the union.

The Alliance Executive Committee shall ensure the election and/or appointment of representative bargaining committees/negotiating teams and have the authority to remove or replace any member so appointed for cause. The authority to call all votes (except strike votes) and the authority to conclude memoranda of settlement and/or letters of understanding rests with the AEC. The AEC may sign or delegate to the AEC Officer responsible, authority to sign a collective agreement for a bargaining unit when a majority of votes cast by those in the unit are in the affirmative.

The AEC must ensure specific guidelines are in place for the conduct of balloting in keeping with the principles contained in this Regulation and the relevant sections of the PSAC Constitution.

2.3 The AEC Officer Responsible for Collective Bargaining

The AEC Officer Responsible for Collective Bargaining shall receive reports on the ratification of demands by appropriate PSAC Locals prior to commencing negotiations. The officer shall also receive final bargaining demands from bargaining committees/negotiating teams and shall report these in writing to the National Board of Directors including any amendments or deletions which might arise in the audit process.

The responsible AEC Officer shall establish specific directions for the conduct of any authorized votes and shall, when delegated authority by the AEC, sign collective agreements for bargaining units or coalition bargaining groups when a majority of votes cast are in the affirmative.

The responsible AEC Officer also approves and forwards to the National President, the recommendation from a PSAC negotiating team to take a strike vote.

2.4 The National Board of Directors

The National Board of Directors may establish coalition/unit bargaining where there is a community of interests and review the program of demands with a view to recommending them to the appropriate body including bargaining conferences. The NBoD also may direct that a dispute settlement vote be taken or change a given dispute settlement route.

The members of the National Board of Directors shall fully support the recommendations of a negotiating team.

2.5 The Collective Bargaining Committee of the National Board of Directors

The Collective Bargaining Committee of the National Board of Directors shall be chaired by the AEC Officer responsible for collective bargaining. It shall sit and consider any matter related to collective bargaining referred to it by the National Board of Directors, or the Alliance Executive Committee. The committee shall make recommendations on such matters to the National Board of Directors.

The committee has the responsibility to establish the initial demands for all coalition/units for each round of negotiations and it may be called upon to develop a program of demands for a particular round of bargaining for recommendation to the AEC and/or the NBoD.

Strategy Coordinating Committee/
National Strike Coordinating Committee

The Strategy Coordinating Committee/National Strike Coordinating Committee coordinates the resources and activities of diverse parts of the organization to support the negotiating team in achieving a collective agreement. They are responsible for the development of a strike support strategy in advance of negotiations. The committee makes key decisions related to strike support activities and provides recommendations to the National President, the AEC and the National Board of Directors on matters directly related to strike support.

2.7 Negotiating Team

The Negotiating Team finalizes the bargaining demands and establishes priorities in preparation for presentation to the employer and together with the negotiator/staff person, negotiates with the employer.

The Negotiating Team may make recommendations to the AEC through the Strike Strategy Coordinating Committee with respect to strike support activities including whether and when votes are taken, whether particular employer offers are adequate to put before the members, etc.

Team members may be called upon to act as spokespersons for the team during ratification and strike votes.

2.8 Components

Components shall establish for each outstanding issue for which it receives a bargaining demand, a position which best represents the needs of its portion of the membership of the bargaining unit. Components shall forward to the AEC, through the Alliance Executive Vice-President responsible for Collective Bargaining a list of demands and the names of members who will be representing the Component at the Alliance Bargaining Committee.

2.9 Locals/Branches

Locals/Branches shall establish Standing Bargaining Proposal Committees to prepare bargaining proposals and to respond to input calls from their respective Components by submitting their demands and electing delegates to represent their views outside their local.

They are responsible for organizing themselves to conduct votes among their members and supporting any strike activity.

GUIDELINES FOR THE COLLECTIVE BARGAINING PROCESS

3.1 Establishment of a Strategy Committee/National Strike Coordinating Committee

The Strategy Coordinating Committee/National Strike Coordinating Committee coordinates the resources and activities of diverse parts of the organization to support the negotiating team in achieving a collective agreement. They are responsible for the development of a strike support strategy in advance of negotiations. The committee makes key decisions related to strike support activities and provides recommendations to the National President, the AEC and the National Board of Directors on matters directly related to strike support. The committee also has responsibility for developing the structure to the mobilization portion of the National Bargaining Conferences using that model.

This committee will vary in size and complexity depending upon a number of factors including the size of the bargaining unit(s) and the number of Components involved. In large, multi-Component bargaining units, the responsible AEC Officer will chair this committee and it will be composed of a number of representatives of the negotiating team(s) and Presidents of the Components involved. Staff will be assigned to the committee as necessary.

For the purpose of Regulation No. 15 and these guidelines, the reference to “the responsible AEC Officer” refers to either; the AEC officer who has been assigned the collective bargaining portfolio by the National President, the specific AEC Officer assigned a national bargaining unit by the National President, or the Regional Executive Vice-President in the case of a regional bargaining unit, whichever may be appropriate.

The responsible AEC Officer will convene a meeting of the Components involved in advance of the call for proposals to determine the make up of the committee. Component Presidents and negotiating team members selected to participate on the committee are responsible for ongoing consultation and reporting of committee deliberation to their respective constituencies through- out the bargaining process.

The initial tasks of the committee will be to approve a timeframe for the bargaining process including the issuance of the call for proposals, receipt of proposals, timing of any bargaining conferences, etc. The committee also must develop an overall strategic plan for the forthcoming round of bargaining. The size of the team should also be part of the discussions.

During bargaining, the committee will meet to review and possibly revise the adopted strategy. At the appropriate time, the committee will assume the duties of overall strike preparation and strike coordination.

3.2 Program of Demands

The Collective Bargaining Committee of the National Board of Directors shall cause to be established an initial program of demands for all coalition/units (national or multi-component bargaining units) prior to each round of negotiations. These demands will be provided as statement of principles with the appropriate rationales and justification. A program of demands will not always necessarily be the case for single agency units.

3.3 Call for Proposals

The PSAC will issue an input call to Components that will include the program of demands, including the appropriate rationales and justification. Locals have a responsibility to prepare bargaining proposals based on a review of the program of demands and input from their membership. The Local shall forward to the Component only one proposal on each topic as the official position of the Local.

Each Component shall receive bargaining proposals from Locals within its jurisdiction. The Component shall forward to the PSAC only one proposal on each topic as the official position of the Component. Only proposals with complete rationale and justification shall be considered by the PSAC.

Each bargaining proposal must indicate the origin of the proposal, be signed by a responsible officer of the Component and be transmitted to the PSAC on a separate form and when appropriate, in both official languages.

3.4 Collective Bargaining Conferences

The circumstances of individual Components or bargaining units will be taken into account when planning for the internal process in preparation for collective bargaining. The strategy committee shall arrive at this decision.

As a matter of principle, the PSAC strongly encourages the representation of equity group members on standing bargaining committees, collective bargaining conferences, PSAC bargaining committees and negotiating teams.

3.5 Regional Bargaining Conferences

When deemed necessary, in consultation with the appropriate stakeholder, Regional Bargaining Conferences will be held in advance of National Bargaining Conferences.

The purpose of such conferences may depend upon the Bargaining Unit(s) involved and direction provided by the Alliance Executive Committee.

Single or multi-Component bargaining units (excluding Treasury Board units) which have traditionally held regional bargaining conferences to elect negotiating teams and recommend proposals to same may elect to use their traditional format. Otherwise the process below shall be followed.

In the case of Treasury Board units, or others electing this procedure, regional bargaining conferences will be held for the purpose of regional strategy and mobilization, input and discussion on bargaining proposals, as well as the selection of delegates to the national bargaining conference.

Delegates to bargaining conferences must hold office in the union. Shop steward is considered an office in the union.

Regional Bargaining Conferences will be held in each of the seven designated regions of the PSAC and will be chaired by the appropriate Regional Executive Vice President. Conferences may be co-located to reduce overall costs.

Each Component with members in the region who are in the bargaining unit shall be entitled to one delegate per bargaining unit at the Regional Bargaining Conference.

There shall be one delegate from the Regional Women’s Committee(s) per bargaining unit who is a member of the bargaining unit

There shall be one delegate from each of the following equity seeking groups:

Aboriginals
Racially visible members
Gays/lesbian/bisexual/transgendered
Members with disabilities

who is a member of one of the bargaining units.

Delegates to the Regional Bargaining Conferences shall proceed to establish the framework for membership mobilization within the region and discuss strategy in support of upcoming negotiations.

Delegates will also select two members from each bargaining unit to participate as a delegate to the National Bargaining Conference.

3.6 National Bargaining Conferences for Treasury Board Units

National Bargaining Conference Delegate Entitlement:

Each Component with members in the bargaining unit who have not had a member selected through the Regional Bargaining Conferences may send one (1) member per bargaining unit, who is a member of the bargaining unit and who has attended the Regional Bargaining Conference.

The AEC may select delegates from equity groups or those representing women who have attended the Regional Bargaining Conferences if there is a need to address equity representation at the National Bargaining Conference.

All members of the NBoD, whose members are participating in the round of bargaining, may attend as delegates. However, they may not run for the negotiating team.

The National Bargaining Conference will be four (4) days in duration and will be divided into two sessions. The first session will be devoted to political discussions and vision for collective bargaining.

The second session of the conference will be devoted to deciding upon proposals to forward to the employer and ranking their priority. Delegates will elect the negotiating teams and alternates between the end of the first session and the beginning of the second session.

3.7 Negotiating Teams

The maximum number of negotiating team members is nine (9) for any one team. Team members must hold office in the union. Shop Steward is considered an office in the union.

The guiding principle is that a core negotiating team (maximum of nine (9)) will represent all members of the bargaining unit/coalition at the negotiating table. These members will sit on negotiating teams representing the good and welfare of the PSAC membership. They will not represent specific occupational groups or Components as they are holding a temporary office within the PSAC.

Negotiating teams may be assisted in their tasks through the use of sub-committees where necessary. Sub-committees will be comprised of representatives selected from specific constituencies within the bargaining unit/coalition groups engaged in bargaining. The sub-committees will be established on an as required basis and may be tasked with reviewing proposals, advising negotiating teams directly on specific areas of interest or they may be called upon to make presentations to the employer during negotiations.

The NBoD officer appointed to the negotiating team, in consultation with the negotiating team and the AEC officer responsible for collective bargaining will determine which sub-committees are appropriate. The AEC officer is responsible for the establishment of sub-committees, their terms of reference and their disbandment.

Should the establishment of a negotiating team not result in the selection of a member of each of the PSAC’s four designated equity groups; the AEC may take special measures to ensure the negotiating team considers equity issues. These measures may include the review of proposals through an “equity filter” or the establishment of a sub-committee to advise the negotiating team directly.

PSAC negotiating teams shall be composed of the following:

Delegates selected at the Collective Bargaining Conference for their respective coalition/unit, or those selected by their Component, Local or Direct Charter Locals in the case of single bargaining units and who are members of the bargaining unit;

The National President may appoint a member of the National Board of Directors to sit as a member of each negotiating team and who shall have full voice and no vote; and

The Alliance Executive Committee shall appoint a staff representative(s) to sit as a member of each negotiating team and who, as chairperson, shall have full voice and no vote.

Negotiating teams will normally be based upon the size of the membership, and, where possible, equitable regional representation and, where possible, equitable representation of occupational groups and, where possible, equitable Component representation and, where possible, equity representation. The exact composition, which may be less or more, will be decided upon in advance through the strategy committee, but in no case will ever exceed nine (9). The allocation will be as follows:

0 – 1500 members - up to 3 team members

1501 - 7000 members - up to 5 team members

7000 - 15000 members - up to 7 team members

15000 or more - up to 9 team members

If a position on a negotiating team is not filled or a member or alternate of the negotiating team does not attend two (2) consecutive meetings without sufficient reason, the Alliance Executive Committee shall declare the position vacant and shall appoint an alternate after consultation with the NBoD officers who have members in the bargaining unit.
In the case of negotiating team meetings deciding upon proposals in advance of negotiations; each Component which has members in the bargaining unit but does not have a representative on the negotiating team may request permission to send an observer to the meetings at the expense of the PSAC.

3.8 Roles and Responsibilities

Negotiating team members serve as a member of a PSAC negotiating team representing all of the members of the bargaining unit/coalition and not any particular constituency within the union. Failure to do so would constitute dismissal by the AEC from the negotiating team with cause.

Negotiating team members are also charged with the following specific responsibilities:

finalize and prioritize proposals;
negotiate with the employer with the assistance of a negotiator assigned by the PSAC;
support the rest of their team;
recommend strike votes or tentative agreements;
serve as required and authorized, on various mobilization or strike related committees established in support of negotiations.

3.9 Auditing Collective Bargaining Demands

The Alliance Executive Committee may direct the advancement of certain proposals which would promote the good and welfare of the union.

The Alliance Executive Committee is responsible for ensuring proposals to be submitted to employers do not contravene policies of the PSAC, are harmful to other bargaining units and are not contrary to the good and welfare of the union.

3.10 Memoranda of Settlement

The Alliance Executive Committee is responsible for concluding Memoranda of Settlement (including letters of understanding) with the employer through the process of collective bargaining. The National President (in consultation with the negotiating team) may at any time deemed appropriate, engage in direct discussions with employer representatives in an attempt to achieve a Memorandum of Settlement. The National President is the official spokesperson for all negotiating teams. The authority of the National President in these circumstances may be delegated to another officer of the PSAC.

A proposed Memorandum of Settlement (including letters of understanding) which in the opinion of the Alliance Executive Committee includes items that may have a major impact on the process of collective bargaining and/or its results, may be referred to the National Board of Directors for approval prior to the proposed Memorandum of Settlement being sent to the membership for ratification.

Memoranda of Settlement (including letters of understanding or other terms of settlement) shall not be placed before the membership for ratification without a recommendation either for acceptance or rejection from the negotiating team.

All negotiating team members and members of the National Board of Directors shall fully support the recommendations of the negotiating team. Memoranda of Settlement shall be subject to the voting and ratification procedure as provided below:

3.11 Voting Procedures

General:

The PSAC policy is to enable as many members of a bargaining unit as possible to vote and make an informed decision. The use of Employer premises for voting is discouraged and can only be authorized by the office of the Regional Executive Vice-President.

The Alliance Executive Committee shall authorize all votes, except strike votes. The authority may be delegated to the AEC officer responsible for collective bargaining.

The AEC officer responsible for collective bargaining shall establish a deadline for the receipt of ballots and instruct applicable staff representative(s) to conduct votes related to collective bargaining in accordance with the following:

all votes shall be by secret ballot;

voting materials shall be in the applicable official languages where required;

the distribution, collection and counting of ballots shall be done under the authority of the PSAC regional offices at the regional and/or local level;

proxy votes shall not be accepted;

results of voting shall be reported by the most appropriate means and then in writing to the Alliance Executive Committee;

results of ratification votes shall be released in detail to each Component, including vote counts by geographical region and by Local, where available;

the Alliance Executive Committee shall develop specific guidelines for the conduct of balloting by regional offices; and

all voting kits shall state the purpose of the vote, contain precise voting instructions and, in the case of ratification votes, identify all amendments, additions and deletions to the collective agreement; and

all ballots shall contain an area where voters may write comments for the assistance of negotiating teams.

3.12 Dispute Settlement Route Votes

For those bargaining units falling under the Public Service Staff Relations Act the following shall apply:

A dispute settlement vote shall be taken when there has been a request by 10% or more of members in the coalition/unit or when the National Board of Directors so directs.

The dispute settlement route shall be changed as a result of a majority of returned ballots, excluding spoiled ballots, or by a decision of the National Board of Directors.

Documentation given at the time of the vote on the dispute settlement method shall clearly state and explain the PSAC's position.

3.13 Strike Votes

General:

The National President has the ultimate authority in the area of strikes. In accordance with criteria contained in the guidelines, the National President is the only person authorized to call a strike vote within a bargaining unit or to authorize strike activity. The National President is also the only person who may authorize a bargaining unit to return to work following strike activity.

The National President may authorize a strike vote in any number of circumstances such as:

all the requirements under the appropriate labour legislation have been met;

after the receipt of a Conciliation Board Report, the employer has refused to return to the bargaining table;

after a return to the bargaining table following the receipt of a Conciliation Board Report the parties are unable to reach a Memorandum of Settlement;

a proposed Memorandum of Settlement is rejected by a majority of the votes cast in a ratification vote, excluding spoiled ballots;

at any time, a recommendation that a strike vote be taken is made in writing, signed by a majority of the members of t