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 the PSAC negotiating team and approved by the AEC officer responsible for collective bargaining.

3.14 Strike

If, in any of the above circumstances, a strike vote is not required, the National President shall have the authority to call for a strike by members of the bargaining unit(s) concerned.

A strike in any bargaining unit(s) represented by the PSAC shall be authorized and terminated only by the National President and such authorization shall be in writing.

Process:

A) For PSSRA/ PESRA Bargaining Units:

Wherever possible, strike votes shall be conducted at meetings conducted for the purpose of explaining the outstanding issues and reasons that a strike vote is necessary, except where the isolated location of the worksite or shift schedules require that special arrangements be made;

Only PSAC members in good standing are entitled to vote; proof of membership may be required;

B) For All Other Bargaining Units:

Wherever possible, strike votes shall be conducted at meetings conducted for the purpose of explaining the outstanding issues and reasons that a strike vote is necessary, except where the isolated location of the worksite or shift schedules require that special arrangements be made;

Legislation requires that all employees in the bargaining unit, regardless of membership status in the union, must be given an opportunity to vote.

3.15 Ratification Votes

General Provisions:

A ratification vote shall be held for the acceptance or rejection of a Memorandum of Settlement in the bargaining unit(s) concerned. In the case of a coalition, the vote shall be carried out as a single, all-encompassing vote.

The AEC Officer responsible for collective bargaining, on authority delegated by the Alliance Executive Committee, shall sign a collective agreement for a bargaining unit or a coalition bargaining group when a majority of the votes cast are in the affirmative, excluding spoiled ballots.

Locals/branches are responsible for ensuring members receive adequate information upon which to make a decision to vote; holding ratification meetings to which members have reasonable access and making alternate arrangements, with the exception of “desk drops”, to allow members to vote. Locals/branches are responsible for the rental of meeting facilities for ratification votes, with the following exceptions:

when a ratification vote follows a successful strike vote;
where more than one Local/branch holds a joint ratification meeting.

Process:

A) PSSRA/PESRA Bargaining Units:

Wherever possible, ratification votes shall be held at meetings conducted for the purpose of explaining the terms of the memorandum of settlement, except where the isolated nature of the worksite or shift schedules require that special arrangements be made;

Only PSAC members in the bargaining unit shall be entitled to vote; proof of membership may be required;

Ratification vote ballots must clearly identify whether a rejection of the tentative collective agreement shall be taken as a strike vote.

B) All Other Bargaining Units (non-PSSRA):

Wherever possible, ratification votes shall be held at meetings conducted for the purpose of explaining the terms of the memorandum of settlement, except where the isolated location of the worksite or shift schedules require that special arrangements be made.

Where it is intended that a vote to reject the tentative agreement shall constitute a strike vote, legislation requires that all employees in the bargaining unit be given an opportunity to vote, whether or not they are members in good standing of the union. In this circumstance, the ratification vote must be treated as a strike vote and all the processes applicable to a strike vote followed.

Where it is intended that a vote to reject a tentative agreement shall not constitute a strike vote, only PSAC members in good standing will be eligible to vote.

EXPLANATORY NOTES FOR MEMBERS
ON NEGOTIATING TEAMS

4.1 Notification

The administrative staff of the Negotiations Section will advise the PSAC negotiating team members (official delegates elected at the Alliance Bargaining Committee) and the Components of dates, location and times of negotiations sessions.

Please use PSAC Expense Claim Form 165 for claiming all expenses.

Period of claim on expense claim form must be completed and should include all days including travel time.

Claims will be settled in accordance with the provisions of the PSAC Travel Directives. The AEC is responsible for determining the specific rules that apply to the payment of members’ expenses. See also Regulation 15A.

In the case where team members have been specifically appointed by Components, at the Component’s request the Alliance will process all expenses for these members to the maximum permitted by the PSAC. The Component in question will be invoiced for payment from the Alliance.

4.2 Advances

The administrative staff of the Negotiations Section will request an advance of funds, which will normally be given to Alliance team members on the first day of meetings. Should special requirements be necessary prior to the first day, team members should contact the Negotiations Section. Advances will not be issued in cases where outstanding claims for 30 days or more exist.

4.3 Transportation

A member should use commercial transportation where available.

All air and train reservations are to be handled/confirmed with the PSAC Travel Agent:

(W.E. TRAVEL - TOLL FREE # 1-888-676-7747; 8:00 A.M. TO 5:00 P.M. EASTERN TIME).

(If tickets were supplied, but not used, they must be returned with the claim.)

When to Travel

Travel will normally be scheduled the day prior to negotiations and the day following negotiations. However, if it is reasonable to expect travel to take place on the final day of a negotiations session given the finish time and travel involved, team members will be expected to travel on this day.

For travel of a distance that requires two (2) - three (3) hours travel time, travel to destination should be made after work the evening prior to the event.

Rail/Bus/PMV/Mileage

For distances less than 300 km -

Commercial transportation (train or bus) should be taken. A member who requests to travel by private vehicle (less than 300 km one way) will be paid according to the PSAC Travel Directives.

For distances more than 300 km -

A member who requests to travel by private vehicle (more than 300 km one way) to suit his/her own convenience, will be entitled to claim expenses and loss of salary only for the period of absence that would have been necessary had public transportation been used. Authorization must be obtained in advance by providing cost of discounted air fare to Section Coordinator. Mileage will be reimbursed as specified in the PSAC Travel Directives up to the applicable equivalent most economical (discounted) air fare cost. There will be no payments for taxis and other costs normally associated with air travel.

Air transportation

Air transportation can be taken only for distances of more than 300 km one way.

PSAC will advise the travel agent to book travel, consult with the members involved and then provide final confirmation.
The travel agent will be booking at the most economical discounted airfare possible.

In order to obtain economical fares, the travel agent must book the air travel as soon as possible (at least 7-14 days in advance).

The travel agent will offer charter class travel (which requires a Saturday night stay over) as this is the most economical fare. This option is voluntary. See details below.

Any exceptions must be authorized in advance by contacting the Section Coordinator.

Charter Class to Save Money (Voluntary)

Reservations must be made well in advance with a Saturday night stay over in order to obtain the most economical fare. The travel agent will be booking at the most economical discounted airfare possible.

In circumstances when an event is not scheduled to meet the criteria of a Saturday night stay over at destination, the travel agent will give the opportunity to voluntarily take advantage of the discounted fares. However, the PSAC will only pay actual loss of salary, extra hotel costs (no more than two) and meal expenses providing that the reduced fare plus expenses and loss of salary is less than the cost of the regular economy fare. Claims will be reviewed accordingly.

If charter fares are booked, travel back to destination should occur on day planned. However, if negotiations are adjourned early, contact the Negotiations Section to arrange when it is appropriate to return home. (The cost will be the determining factor.)

Taxis

All claims for single taxi fares in excess of $8.00 must be supported by a receipt.

A member traveling by air must use the airport bus/shuttle. The use of taxis or other ground transportation is not approved unless it is more economical, which is usually the case when such method of transportation is shared.

If a member wishes to hand in their expense claim prior to departure, taxi receipts for airport transportation to the airport can be multiplied by two for the return trip.

Parking

A receipt is always needed for parking.

4.4 Accommodation

Members residing in the municipal area where the meeting is to take place may be allowed to stay at the hotel. The Coordinator of Negotiations may grant such approval that will depend upon the circumstances. Negotiating team members will be advised on occasions when it will be absolutely necessary to secure accommodations for the night during a session.

The PSAC’s policy is that members stay at unionized hotels and these will be booked by PSAC Travel Agent or by PSAC administrative staff. Confirmation is essential.

For ease of processing expenses and ensuring costs are coded accurately, members on negotiating teams are to pay their hotel bill. An original receipt must support claims for hotel accommodation. Settled hotel invoice is to be attached to the expense claim. Room charges and taxes only can be claimed.

Private accommodation allowance will be paid according to PSAC Travel Directive.

4.5 Meals & Incidentals

When applicable, meal allowances may be claimed at the current rate provided in the PSAC Travel Directive.

If in travel status breakfast may be claimed when leaving home before 7:00 a.m. Dinner may be claimed when arriving home later than 6:00 p.m.

Note Per Diem: If meals and incidentals are claimed, a per diem does not apply.

4.6 Family Care

The objective of the PSAC’s Family Care Policy is to remove one of the barriers which prevents members from participating fully in union activities. The intention is to assist members in covering additional costs (costs over and above the normal family care expenses) incurred as a direct result of attending authorized PSAC activities.

Additional family care expenses may be claimed but a member must complete Form 133 and provide an original receipt signed by the care giver to qualify for this entitlement, both of which should be attached to the expense claim. Please refer to the Form 133 for terms and conditions of the PSAC Family Care Policy.

Upon request, consideration will be given to special needs or unusual circumstances resulting in costs which exceed the approved rates and expenses allowable. Detailed information must be provided in advance for pre-approval.

4.7 Salary Entitlement

A member’s actual loss of salary will be reimbursed for all working hours at the rate of pay normally earned as specified in the applicable collective agreement. Loss of salary will be reimbursed only for authorized travel during normal working hours. Members will not be compensated for travel or work on a day of rest except where specified in the PSAC Regulations.

Bargaining Committee Meetings

Loss of salary only.

Negotiations

PSAC representatives on a PSAC negotiating team shall be paid loss of salary.

Team members who work (and travel) on a day of rest, shall be compensated at their straight-time rate to a maximum of one (1) day’s normal pay (based on contract hours). (Adopted at January, 1988 meeting).

1. Team Members on Shift Schedules

A copy of the official shift schedule, which indicates days/hours scheduled to work, must be attached if claiming other than Monday to Friday and/or shift/weekend premiums.

For normal days of rest, team members would receive up to a maximum of eight hours salary for that day. (Comptroller, March 1991).

2. Salary for Work/Travel on a Compressed Day Off

If a member negotiates or travels on his/her compressed day off, he/she is not entitled to any compensation as he/she has already been paid for that day. (Comptroller & AEC - February 1989)

A copy of a compressed work week schedule, which indicates hours/days scheduled to work, must be attached if claiming more hours per day than those specified in the applicable collective agreement.

3. Salary for Travel Time on a Day of Rest

For each day member travels on a day of rest, members will be compensated for the time in travel status based on actual travel time not to exceed one day’s normal pay. Actual travel time hours should be indicated on expense claim or itinerary can be provided if available.
4. Salary for Work/Travel on a Designated Paid Holiday

If members travel or work on a designated paid holiday, they lose their day off and for that they will be compensated. They will be compensated at a straight time rate as is done for other days or rest. However, loss of salary will be paid at the applicable rate if member was scheduled to work on that day. A shift schedule is needed in this case.

Overtime is never paid. At no time will a member be compensated for hours worked/traveled in excess of their normal working day.

Full particulars of classification must be provided. This includes group, sub-group, level; step in the level, zone, supervisory differential, Isolated Post Allowance information, shift and weekend premium information, etc. It is necessary to indicate the number of days being claimed.

Salary will not be paid unless full particulars are indicated.

Bilingual bonus is paid by the employer for the full month for any month in which the employee receives a maximum of 10 days pay.

No negotiating team member who is selected to an PSAC negotiating team, will be required to begin work within ten (10) hours of his/her return home after bargaining.

If a member’s entitlement is increased by reason of a collective agreement being approved retroactively, it is the responsibility of the member to submit a supplementary claim to Financial Accounting.

Salary entitlement will be paid only when social insurance number is provided.

Note: A T4 will be issued.

4.8 Loss of Employer Share of Benefits

Members who work less than ten (10) days in any given month may lose out on employer share of benefits (including annual leave, sick leave and bilingual bonus). PSAC will compensate for all loss of benefits. A form (provided by PSAC) must be completed by the pay office.

4.9 Benefits

If a member becomes ill while on PSAC business, we do continue to reimburse the member loss of salary for the duration of the function at which time if the member remains ill he/she should go on sick leave from the employer.

If the member has an accident such as falling, etc. we do have an insurance policy which pays up to $500.00 weekly indemnity for the period until the member is deemed fit to return to work (maximum 52 weeks).

4.10 Source Deductions/Income Tax – CPP and EI

CPP, EI and Income Tax will be deducted based on source deduction tables for wages paid. Additional tax can be deducted - enter dollar amount on expense claim.

4.11 Processing Of Expense Claim

Incomplete and unsigned claims will be returned.

All members claiming expenses from the PSAC must complete a PSAC Expense Claim Form #165. The reverse side gives explanations in detail of the various expenses that can be claimed.

It is essential that the original claim is submitted and all accompanying receipts are originals in order for Financial Accounting to reimburse members’ expenses.

(We cannot pay on a copy or a fax copy of claim).

When completed, the original expense claim form and accompanying documents are to be sent to the PSAC Section that is responsible for approving claim. The Financial Accounting Section normally processes claims within 10-15 days of receipt of the claim in their offices.

Any comments, or additional information which will assist in the settlement of claims should be detailed in a covering memorandum and submitted with the claim (i.e. unavoidable changes to travel plans).

REGULATION NO. 15A

Public Service Alliance of Canada

Enacted this 29th day of January 1985
(As amended May 22, 1990)
(As amended March 30, 1992)
(As amended May 27, 1993)
(As 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 PAYMENT OF
EXPENSES TO SPECIFIED MEMBERS OF AN
ALLIANCE BARGAINING COMMITTEE AND/OR
ALLIANCE NEGOTIATING TEAM

1. GENERAL

(a) This Regulation shall govern the payment of funds to specified members of the Alliance that are elected or otherwise appointed to serve on an Alliance Bargaining Committee or on an Alliance Negotiating Team representing a bargaining unit of which they are a member.

(b) The intent is to reimburse specified members, to the extent provided herein, to assure that they do not suffer financially as a result of fulfilling the responsibility of serving on such Committee or Team.

(c) In order to expedite reimbursement, expense claim forms (as approved by the AEC) shall be completed and submitted by the member. An explanatory instruction sheet shall be provided to the member along with the expense claim form.

(d) Claims will be settled in accordance with the provisions of Section 4 of Regulation No. 14.

(e) Where applicable, loss of salary shall include Supervisory Differential, Shift Premium, Weekend Premium, Isolated Posts Allowance, Environmental Living Cost Differential, Foreign Service Directive, Fuel & Utilities, Family Care and the rate of pay specified in the applicable collective agreement.

(f) Alliance Bargaining Committee specified member(s) will be paid loss of salary for all normal working days, however, no payment may be claimed for days of rest and overtime may not be claimed under any circumstances.

(g) Notwithstanding (f) above, Alliance Bargaining Committee representatives on an Alliance Negotiating Team who work on a day of rest, shall be compensated at their straight-time rate to a maximum of one (1) day's normal pay.

(h) If a member's entitlement is increased by reason of a collective agreement being approved retroactively, it is the responsibility of the member to submit a supplementary claim to the Finance and Administration Branch.

(i) No member of a negotiating team who is elected by the Alliance Bargaining Committee to the Alliance Negotiating Team, will be required to begin work within ten (10) hours of his/her return home after bargaining.

NOTE: For greater clarity, specified members refers to the official member(s) named by the applicable Component to the Alliance Bargaining Committee and the member(s) elected by the Alliance Bargaining Committee to the Alliance Negotiating Team.

2. ALLIANCE BARGAINING COMMITTEE

Payment shall be made to one member of each bargaining unit for each Component having members in that bargaining unit.

3. ALLIANCE NEGOTIATING TEAM

Payment shall be made to one (1) to five (5) members as per Section 9, Sub-Section (7) of the Alliance Constitution.

Regulation Index

Enacted this 29th day of January 1977
(As amended September 27, 1995)
(As amended January 25, 2001)

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. The full-time elected officers of the Alliance Centre are the National President, the National Executive Vice-President and seven Regional Executive Vice-Presidents (British Columbia, North, Ontario, National Capital Region, Quebec, Prairies and Atlantic)

2. Section 18 Sub-Section (3) of the Public Service Alliance of Canada Constitution requires the President and the National Executive Vice-President to reside in the Greater Ottawa Area, and the Regional Executive Vice-Presidents to reside in a location as determined by the Alliance Executive Committee .

3. The purpose of this Regulation is to authorize the Alliance Centre to reimburse those actual and reasonable expenses within the limits of the Treasury Board Relocation Directive incurred by an elected officer of the Alliance Centre, spouse and dependant members of the family in relocating from one place of residence to another, either at the time of election or at the time of termination of employment as full-time elected officer.

4. A member who is elected as a full-time officer of the Alliance Centre, shall be paid relocation expenses when at the time of election such member is residing outside of the Greater Ottawa Area or the regional location as determined by the Alliance Executive Committee and must move so as to comply with the requirements of the Constitution.

5. Notwithstanding Section 4, the AEC is authorized to recover relocation costs, up to 100%, when an AEC Officer resigns his/her position during a first term of office. Recovery of all or part of the relocation costs paid by the PSAC can be waived by the AEC when the resignation is related to exceptional personal circumstances.

6. When a full-time elected officer of the Alliance Centre ceases to be employed as a full-time elected officer for any reason, except misconduct, such member shall be paid relocation expenses provided that:

(a) such member was residing outside of the Greater Ottawa Area or the regional location as determined by the Alliance Executive Committee at the time of election;

(b) such member does not accept other employment in the Greater Ottawa Area or the regional location as determined by the Alliance Executive Committee after the termination of employment as a full-time elected officer; and

(c) such member does not resign during a first term of office for other than exceptional personal circumstances as determined by the AEC.

(d) such member applies for relocation expenses within three (3) months following the termination of employment as a full-time elected officer.

7. This Regulation applies to any full-time elected officer of the Alliance Centre who, prior to election as a full-time elected officer of the Alliance Centre, was a full-time elected officer of any predecessor organization or a Component and who meets the requirements of Section 5 of this Regulation.

8. A full-time elected officer who ceases to be employed as a full-time elected officer of the Alliance Centre and who applies for and is entitled to relocation expenses shall be entitled to be reimbursed those actual and reasonable expenses not exceeding an amount equal to his/her relocation expenses from Ottawa or the regional location as determined by the Alliance Executive Committee to his/her former place of residence.

9. If a full-time elected officer of the Alliance Centre, to whom Sections 4 or 6 of this Regulation applies, dies during a term of office, his/her spouse and/or dependants shall be entitled to be reimbursed relocation expenses subject to the same conditions specified in Section 5 of this Regulation.

Upon the request from the immediate family assistance may be paid for the transportation of the remains of the deceased officer to his/her former place of residence in accordance with the conditions specified in Section 7 of this Regulation.

10. The Alliance Executive Committee may recommend to the National Board of Directors the payment of relocation expenses to a full-time elected officer who ceases to be employed as a full-time elected officer of the Alliance Centre and who is not otherwise entitled to relocation expenses under this Regulation when the Alliance Executive Committee is of the opinion that such expenses should be paid for humanitarian reasons.

Regulation Index

Enacted this 28th day of May 1977
(As amended January 27, 1978)
(As amended September 26, 1981)
(As amended April 17, 1982)
(As amended May 31, 1982)
(As amended February 2, 1984)
(As amended January 31, 1985)
(As amended September 23, 1985)
(As amended May 27, 1986)
(As amended January 19, 1988)
(As amended April 22, 1988)
(As amended November 27, 1990)
(As amended October 15, 1991)
(As amended January 30, 1996)
(As amended January 28, 1997)
(As amended May 1999)
(As amended April 2000)
(Amended January 20, 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 TERMS AND CONDITIONS OF EMPLOYMENT FOR ELECTED OFFICERS OF THE ALLIANCE EXECUTIVE COMMITTEE OF THE PUBLIC SERVICE ALLIANCE OF CANADA

1.            The purpose of this Regulation is to set up the terms and conditions of employment for the Alliance Executive Committee of the Public Service Alliance of Canada.  

2.            The full-time elected officers of the Public Service Alliance of Canada are the National President, the National Executive Vice-President and the seven Regional Executive Vice-Presidents.  

3.            The terms and conditions of employment for the full-time elected officers are as described in this Regulation.

4.            Tenure of Office  

              The tenure of office of full-time elected officers shall be in accordance with the Constitution of the Public Service Alliance of Canada.

5.            Entitlement to Pay  

(a)          An elected officer is entitled to be paid for services rendered the remuneration applicable to the position held by the elected officer.

(b)          The pay levels of the nine elected officers as approved by the Convention are as follows:  

Effective April 1, 2002

(i)            National President:                            $108,585

(ii)           National Executive Vice-President:     $   91,595

(iii)          Seven Regional Executive Vice-Presidents:   $   85,638

(c)           The salaries of the elected officers of the Alliance Executive Committee shall be increased on the first of April of each year, commencing in 1992, by the weighted average of annualized compound salary increases in rates of pay in the public service of Canada , as calculated by the Treasury Board for purposes of increasing Foreign Service Directive (FSD) allowances.   Such increases shall not exceed the percentage given on average to members of the PSAC in any given calendar year.  

6.            Continuous Employment  

For purposes of annual leave and severance pay, continuous employment for an elected officer shall comprise the total period of continuous employment from the date of commencement of service in the public service to the date of termination of employment with the PSAC.

7.            Designated Paid Holidays

An elected officer shall be entitled to designated paid holidays on the same basis as employees in the federal public service.  

8.            Overtime  

(a)          Overtime means the requirement for an elected officer to be on official business for the PSAC on a day of rest or on a designated paid holiday.  

(b)          When an elected officer is required to be on official business for the PSAC on a day of rest or on a designated paid holiday, the elected officer shall be compensated at the rate of one and one-half (1 1/2) time on Saturday and a rate of double (2) time on Sunday.  

(c)           Overtime compensation on a day of rest or on a designated paid holiday shall not exceed seven (7) hours per day at the straight-time rate.  

9.            Compensatory Leave  

(a)          "Compensatory Leave" means leave with pay in lieu of cash payment for overtime, and such leave with pay will be equivalent in value to the cash payment that would otherwise have been made.  

(b)          Compensatory leave with pay exceeding 15 days not used by December 31st each year will be paid in cash at the rate of pay received by the elected officer on December 31st.  

(c)           Any compensatory leave with pay credited to an elected officer at the time this Regulation is enacted shall be retained by the elected officer or may, at the discretion of the elected officer be used or paid in cash any time upon request.  

(d)          If an elected officer dies or otherwise ceases to be employed, the elected officer or his/her estate shall be paid an amount equal to the product obtained by multiplying the number of days or hours of earned but unused compensatory leave by the daily or hourly rate of pay applicable to the elected officer immediately prior to termination of his/her employment.  

(e)          A report of all compensatory leave shall be given annually to the National Board of Directors.   Such report shall list all compensatory time earned and liquidated either in cash or in time off.

10.          Leave General

              When an elected officer, who has been granted more vacation, sick or special leave with pay than was earned, dies or ceases to be an elected officer because he/she is not re-elected for another term of office, the elected officer shall be considered to have earned the amount of leave with pay granted to him/her.  

11.          Sick Leave

(a)          An elected officer shall earn sick leave credits at the rate of 1 1/4 days for each calendar month for which the elected officer receives pay for at least ten (10) days.

(b)          An elected officer shall be granted sick leave with pay when unable to perform his/her duties because of illness or injury under the same conditions that apply to all employees of the PSAC Centre.

c)           Subject to paragraph (d) below, when an elected officer is unable to perform his/her duties because of illness or injury and such illness or injury prevents the elected officer from attending the Convention and seeking re-election, the elected officer shall be entitled to be granted sick leave to the limitation of his/her sick leave credits or for the duration of the illness, whichever is less, provided he/she satisfies the PSAC that he/she is unable to work due to illness or injury.

d)          In a case referred to in paragraph (c) above, if the elected officer is eligible to receive benefits from Disability Insurance, the elected officer must apply for such benefits and must agree to pay the PSAC any amount received from Disability Insurance for the period between the date of election where he/she ceased to be an elected officer and the date he/she ceased to be on sick leave with pay.

e)          If an elected officer has insufficient credits to cover the granting of sick leave with pay under the provision of this section, sick leave with pay may, at the discretion of the Alliance Executive Committee, be granted up to 15 days.   The granting of more than 15 days' advanced sick leave to an elected officer must be approved by the National Board of Directors before sick leave with pay may be granted.

12.          Vacation Leave with Pay

a)          For each calendar month in which an elected officer earns at least ten (10) days' pay, the elected officer shall earn vacation credits with pay at the rate of:

i)            1 2/3 days if the elected officer has completed less than 18 years of continuous employment;

(ii)           2 1/12 days if the elected officer has completed 18 years of continuous employment; and

(iii)          2 1/2 days if the elected officer has completed 25 years of continuous employment.

(b)          An elected officer shall be granted vacation leave with pay under the same conditions that apply to all employees of the PSAC Centre.

(c)           An elected officer may carry over any vacation leave credits but not in excess of one (1) year's entitlement.

(d)          Vacation leave credits with pay exceeding two (2) years' entitlement not used on December 31st each year will be paid in cash at the rate of pay received by elected officers by December 31st.

(e)          Any vacation leave with pay credited to an elected officer at the time this Regulation is enacted shall be retained by the elected officer or may, at the discretion of the elected officer, be used or paid in cash any time upon request.

(f)            If an elected officer dies or otherwise ceases to be employed, the elected officer or his/her estate shall be paid an amount equal to the product obtained by multiplying the number of days earned but unused vacation leave by the daily rate of pay applicable to the position immediately prior to the termination of his/her employment.

13.          Furlough Leave

An elected officer who, on the day of election, is entitled to receive furlough leave, that is to say five (5) weeks' leave with pay upon completing twenty (20) years of continuous employment, shall retain his/ her entitlement to furlough leave subject to the conditions respecting the granting of such leave in the public service.

14.          Special Leave

An elected officer shall be entitled to special leave with pay on the same basis and under the same conditions that apply to all employees of the PSAC Centre.

15.          Other Types of Leave

(a)          An elected officer shall be entitled to maternity leave benefits on the same basis and under the same conditions that apply to the Clerical and Regulatory (CR) group.

(b)          An elected officer shall be entitled to other types of leave with or without pay on the same basis and under the same conditions that normally apply to employees of the federal public service.

16.          Severance Pay

(a)          Subject to paragraphs (b) and (c) below, when the employment of an elected officer terminates for any reason other than removal from office under Section 25 Sub-Section (1) of the Constitution, the elected officer shall be entitled to be paid one (1) week's pay at the position's current rate of pay for each completed year of continuous employment in respect of which the elected officer has not previously been paid severance pay to a maximum of 30 weeks.  

(b)          Severance pay entitlement determined in accordance with paragraph (a) above shall be abated by the full amount of severance pay payable by the public service for the period of public service employment included in the total eligible service.  

(c)           Notwithstanding paragraph (a) above, if an elected officer who terminates employment with the PSAC returns to employment in the public service, he/she shall be entitled to be paid severance pay only for the period of continuous employment with the PSAC.  

(d)          If an elected officer dies during his/her employment with the PSAC, there shall be paid to the estate of the deceased an amount equal to the amount he/she would have otherwise been entitled to at the time of termination of employment with the PSAC. 

(e)          For the purpose of paragraph (c) of this section, continuous employment with the PSAC means continuous employment in the PSAC Centre or a Component.

17.          AEC Transition

When the employment of an elected officer terminates for any reason other than removal from office under Section 25 Sub-Section (1) of the Constitution, the elected officer shall be entitled to be paid two (2) weeks' pay at the position's current rate of pay in addition to severance pay as outlined in Section 16.

(b) The National President may increase the amount of pay outlined in    Section 17 (a) to a maximum of four (4) weeks in the event that an      incoming AEC Officer requests transitional assistance from the         outgoing AEC Officer.  

18.          Transfer of Leave  

(a)          When an employee in the public service is elected as a full-time elected officer of the PSAC Centre, all the unused sick and special leave credits that stand to the employee's credit in the record of the public service shall be transferred to the PSAC Centre provided that these are substantiated to the satisfaction of the PSAC Centre.

(b)          In the case of a person who, prior to election as a full-time officer of the PSAC Centre, was a full-time employee or officer in a Component, the transfer of leave shall be processed in accordance with Regulation 4.

19.          Travel Expenses

An elected officer of the PSAC Centre is entitled to be reimbursed his/ her travel expenses in accordance with Chapter 370 of the Treasury Board Administrative Policy Manual.  

20.          Relocation Expenses  

An elected officer of the PSAC Centre is entitled to be reimbursed his/ her relocation expenses in accordance with Regulation 16.  

21.          Other Benefits

An elected officer is entitled to all other benefits which are currently applicable to employees of the PSAC Centre.   Any changes to benefits for PSAC Centre employees shall be reviewed by the Board before being applied to the elected officers.  

                Other benefits include the following:  

              - Group Life Insurance

              - Salary Continuance Insurance Plan

              - Hospital and Medical Insurance

              - Unemployment Insurance

              - Workers' Compensation

              - Parking

              - PSAC Pension Plan

              - Canada Pension Plan

              - Group Dental Plan

              - Vision Care Plan

22.          An elected officer shall be entitled to receive a bilingualism bonus on the same basis and under the same conditions that apply to all employees of the PSAC Centre with payment retroactive to November 1, 1976 .  

23.          No additional benefits other than those described in this Regulation shall be granted to elected officers unless they are approved by the National Board of Directors prior to their implementation.  

24.         Notwithstanding the provisions of paragraph (9) (b) (Compensatory Leave) and paragraph (12) (c) (Vacation Leave with Pay), an elected officer may request in writing that an equivalent cash value for leave in excess of the carry-over provisions be retained in a provisional account for him/her by the PSAC.  

If an elected officer subsequently requested and received approval for leave, a calculation would be made using the applicable current rate of pay and his/her provisional account would be reduced accordingly.

If an elected officer subsequently requested in writing a withdrawal of funds from his/her provisional account, the account would be reduced accordingly.  

Regulation Index

Responsibilities of National Directors

Enacted this 2nd day of June 1983
(As amended February 3, 1984)
(As amended October 1, 1987)
(As amended May 22, 1990)
(As amended May 29, 1991)
(As amended March 1, 1993)
(As amended May 27, 1993)
(As amended April 15, 1997)
(As amended May 21, 1998)
(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 MEMBERSHIP DISCIPLINE  

1.            The National Board of Directors, in accordance with Section 25 of the Constitution, retains the authority to suspend or expel from membership any PSAC officer or member.  

2.            In accordance with this Regulation, a Regional Council, Component, Local or Area Council shall have the authority to remove from an office of the body concerned any member who is found to be in contravention of the Constitution as specified in Sub-Section (5) of Section 25 or the Component, Local or Area Council By-Laws.  

3.            In accordance with the procedure outlined in this Regulation, a Component or Local may recommend the suspension or expulsion from membership of any member of that body.  

4.            Any and all charges against a member shall be placed in writing, signed by the member or members making the charge or charges, and shall be submitted to the member(s) concerned and the appropriate body for consideration.  

5.            Any charge or charges which are found to be frivolous or intended to harass, embarrass, or discredit a member or members may result in disciplinary proceedings under Section 25, Sub-Section (5) (e) and/or (g).  

6.            The procedure for the handling of disciplinary charges at the Local level shall be as follows:

(a)          The Local shall establish an internal or external impartial review committee consisting of three (3) people to investigate and assess the charges, including the receipt of oral and written evidence.  

(b)          The member(s) charged with misconduct shall be provided a copy of the charges and, both the members making the charge and member(s) charged will be afforded the right to appear before the Committee.

(c)           The Committee findings and recommendations shall be submitted to the Local executive and, if disciplinary action is recommended, the Committee's report shall be placed before a special or general meeting of the Local and shall be subject to the acceptance of two-thirds (2/3) of those members in attendance; except only that the member(s) initiating disciplinary action against another member(s), and the accused member(s) shall be denied voice and vote during the decision-making process.  

(d)          Reports of the Committee established in Section 6 (a) of this Regulation shall consist of one or two parts depending on whether the allegation is upheld by the Committee.

(e)         Part I: will include a finding of fact that either confirms or not that the members have violated the PSAC Constitution or Component, Local, Regional Council or Area Council By-Laws. This part of the report cannot be amended, however is subject to a simple majority vote to receive it.

Part II: would recommend the specific disciplinary action in the event that the Committee finds that the member or members have violated the PSAC Constitution or Component, Local or Area Council By-Laws.

(f)            If the Local meeting accepts a recommendation of removal from office, the Local executive shall convey that decision to the member or members concerned together with written notice that an appeal may be submitted to the Component national body.

  (g)         If the Local meeting accepts a recommendation to suspend or expel from membership, the Local executive shall forthwith advise the Component President in writing together with all relevant documentation. The Component President, after satisfying himself/herself of the seriousness of the offence, shall submit the matter to the National Board of Directors for decision.  

7.            A charge or charges against elected officers of a Component national body shall be submitted to that body in writing and shall be dealt with as follows:  

(a)          The members of the national body against whom the charge or charges have not been alleged shall appoint an internal or external impartial review committee of three (3) people to investigate and assess the charges and receive evidence.

(b)          The member(s) charged with misconduct shall be provided a copy of the charges and, both the members making the charge and those member(s) charged will be afforded the right to appear before the Committee.

(c)           The Committee findings and recommendations shall be submitted to the Component national body and, if disciplinary action is recommended, shall be subject to acceptance by a two-thirds (2/3) majority vote of those members against whom the charge or charges have not been alleged, except only that the member(s) initiating disciplinary action against another member(s), and the accused member(s) shall be denied voice and vote during the decision-making process.

(d)          Reports of the Committee established in Section 7 (a) of this Regulation shall consist of one or two parts depending on whether the allegation is upheld by the Committee.  

(e)          Part I will include a finding of fact that either confirms or not that the member or members have violated the PSAC Constitution or Component, Local or Area Council By-Laws. This part of the report cannot be amended, however, is subject to a simple majority vote to receive it.  

Part II would recommend the specific disciplinary action in the event that the Committee finds that the member or members have violated the PSAC Constitution or Component, Local or Area Council By-Laws.

(f)            If the recommendation is to remove from office, written notice to that effect shall be given to the officer or officers concerned together with the notice that an appeal to the National Board of Directors may be lodged.  

(g)          If the recommendation is to suspend or expel from membership, the Component President shall submit such recommendation to the National Board of Directors together with all relevant documentation.  

8.            The procedure for the handling of disciplinary charges at the Area Council level shall be as follows:  

(a)          The Area Council shall establish an internal or external impartial review committee consisting of three (3) people to investigate and assess the charges, including the receipt of oral and written evidence.

(b)          The member(s) charged with misconduct shall be provided a copy of the charges and, both the members making the charge and those member(s) charged will be afforded the right to appear before the Committee.  

(c)           The Committee findings and recommendations shall be submitted to the Area Council executive and, if disciplinary action is recommended, the Committee's report shall be placed before a special or general meeting of the Area Council and shall be subject to the acceptance of two-thirds (2/3) of those members in attendance, except only that the member(s) initiating disciplinary action against another member(s), and the accused member(s) shall be denied voice and vote during the decision-making process.  

(d)         Reports of the Committee established in Section 8 (a) of this Regulation shall consist of one or two parts depending on whether the allegation is upheld by the Committee.  

(e)         Part I: will include a finding of fact that either confirms or not that the member or members have violated the PSAC Constitution or Component, Local or Area Council By-Laws. This part of the report cannot be amended, however, is subject to a simple majority vote to receive it.  

Part II: would recommend the specific disciplinary action in the event that the Committee finds that the member or members have violated the PSAC Constitution or Component, Local or Area Council   By-Laws.

(f)            If the Area Council meeting accepts a recommendation of removal from office, the Area Council executive shall convey that decision to the member or members concerned together with written notice that an appeal may be submitted to the Alliance Executive Committee through the Executive Vice-President responsible for Area Councils.

9.            A charge or charges against an officer of the National Board of Directors shall be submitted in writing to the Alliance Executive Committee, except as provided in paragraph 10, and shall be dealt with as follows:

(a)          The Alliance Executive Committee shall appoint an internal or external impartial review committee of three (3) people, against whom the charge or charges have not been alleged, to investigate and assess the charges including the receipt of oral and written evidence.  

(b)          The officer or officers charged with misconduct shall be provided a copy of the charges and, both the members making the charge and those officer(s) charged will be afforded the right to appear before the Committee.

(c)           The Committee findings and recommendations shall be submitted to the National Board of Directors and, if disciplinary action is recommended, shall be subject to acceptance by a two-thirds (2/3) majority vote of those Board members against whom the charge or charges have not been alleged, except only that the member(s) initiating disciplinary action against another member(s), and the accused member(s) shall be denied voice and vote during the decision-making process.

(d)         Reports of the Committee established in Section 9 (a) of this Regulation shall consist of one or two parts depending on whether the allegation is upheld by the Committee.  

(e)         Part I will include a finding of fact that either confirms or not that the member or members have violated the PSAC Constitution or Component, Local or Area Council By-Laws. This part of the report cannot be amended, however, is subject to a simple majority vote to receive it.  

Part II would recommend the specific disciplinary action in the event that the Committee finds that the member or members have violated the PSAC Constitution or Component, Local or Area Council By-Laws.

(f)            If a recommendation for disciplinary action is taken, written notice shall be given to the officer or officers concerned together with the advice that an appeal to the Triennial Convention may be lodged.

10.          Where a charge or charges of misconduct is alleged against an officer of the Alliance Executive Committee, the written allegation shall be submitted directly to the National Board of Directors and, at its next regular meeting, the National Board of Directors shall establish an internal or external impartial review committee to deal with the matter in accordance with paragraph 9 (b) and (f) inclusive.

11.          Any member charged with misconduct shall not be a member of the Committee established to investigate the allegation(s), and shall not participate in the vote to accept or reject the findings and recommendations of such a committee.   For greater clarification, where more than one member is charged with a similar offence, such as crossing a picket line (Section 25, Sub-Section (5) (n)), the member(s) charged will not be member(s) of the Committee established to investigate the allegation(s), and shall not participate in the vote to accept or reject the findings and recommendations of such a committee.

12.          (a)          A decision to implement disciplinary action under the provisions of Sub-Sections (1) or (2) of Section 25 of the Constitution, the applicable Component, Local or Area Council By-Laws may be appealed to a three-person tribunal empowered to hear appeals.   A written notification of the individual's intent to appeal must be submitted to the National President within sixty (60) calendar days of receipt of the disciplinary notification.

(b)          The Tribunal shall be comprised of a representative of the appellant, a representative of the appropriate PSAC body and a third independent person agreed to by both parties or appointed by an appropriate labour organization such as a Canadian Labour Congress affiliated union, a Federation of Labour or the Canadian Labour Congress, as determined by the AEC.   The appellant shall not be a member of the Appeal Tribunal.   The representative of the appropriate PSAC body must not have a conflict of interest in the outcome nor have been involved in the process or the decision to suspend.  

(c)           The decision of the tribunal shall be final and binding on all parties to the           appeal.

13.          The Tribunal shall be established within a two-month period unless the timeframe is extended by:

(a)          mutual agreement of the parties concerned; or

(b)          the AEC if it determines that extenuating circumstances prohibit the establishment of the Tribunal within the above-noted timeframe.

14.          The PSAC Centre shall be responsible for the cost of the hearing and the expenses of the Chairperson except as follows:

(a)          Each party will be responsible for his/her own expenses, except that if the appellant's appeal is successful, the appellant may be entitled to reasonable expenses as determined by the National Board of Directors.   Such expenses shall be paid by the applicable level of the Public Service Alliance of Canada.  

(b)          The expenses of the member of the Tribunal appointed by the appellant, including any per diem or salary required, shall be borne by the appellant.

(c)           When a PSAC Component/Local or Area Council takes disciplinary action against a member and an appeal is lodged with the Public Service Alliance of Canada, the PSAC Component/Local or Area Council member of the Tribunal will be appointed by that Component/Local or Area Council, and the Component/Local or Area Council will be solely responsible for his/her expenses.  

(d)          Each party shall normally be responsible for any expenses incurred as a result of testimony from any witness they wish to call.   However, where the appeal is upheld, the appellant may, in extenuating circumstances, request full or partial payment of reasonable expenses incurred by witnesses for the appellant.   Such expenses, whose reasonableness shall be determined solely by the National Board of Directors, shall be paid by the applicable level of the Public Service Alliance of Canada.  

15.          Upon submission of supporting documents, a member(s) may seek reinstatement of their membership through the appropriate level of the PSAC. Should a request for reinstatement of membership be denied, the member(s) concerned may appeal the decision to the National Board of Directors whose decision is final and binding.  

16.          Notwithstanding the above, the removal from office provisions of this Regulation shall be deemed to have been complied with by a Component under the following conditions:              

(a)          When provision is made in the Component By-Laws for a referendum vote of the membership of the particular constituency represented by the officer proposed for removal from office.  

                                                        or  

(b)          When, in the case of an officer who was elected by representatives rather than by direct membership election, provision is made in the Component By-Laws for a vote by representatives of the particular constituency represented by the officer proposed for removal from office.  

17.          Notwithstanding the procedures contained in the previous paragraphs of this Regulation, disciplinary action may be initiated in accordance with Section 25 of the PSAC Constitution at a higher level than where the actions giving rise to disciplinary action occurred.  

18.          The procedure for dealing with any disciplinary situation which may arise which is not specifically covered under this Regulation shall be deemed to be covered and processed within the spirit and intent of this Regulation.

19.          Notwithstanding any previous provisions of this Regulation, in the case of an alleged violation of Section 25, Sub-Section (5) (n) of the PSAC Constitution, the following procedures may be utilized:  

(a)          At the Local level, the alleged violation of Section 25, Sub-Section (5) (n) will be signed by a Local member and submitted to the Local Discipline Committee or Local Executive for study and recommendation to a general membership meeting.   The member alleged to have violated Section 25, Sub-Section (5) (n) will be notified in writing, notified of the general membership meeting and given an opportunity to make representation at the Local meeting.   The decision of the general membership meeting will be forwarded to the Component President in writing together with all relevant documentation. The Component President, after satisfying himself/herself that the proper procedure has been followed, shall submit the matter to the National Board of Directors for decision.  

or

  (b)         At the Component national or regional level, upon receipt of an alleged violation of Section 25, Sub-Section (5) (n) signed by a Local member, an assigned Component National Officer shall notify the member charged, conduct an investigation providing an opportunity for the member charged to make representation and prepare a written report for the Component President.   The Component President shall submit the written report to an executive body of the Component for its review and recommendation.   The Component President, after satisfying himself/herself that the proper procedure has been followed shall submit the matter to the National Board of Directors for decision.

Regulation Index

REGULATION NO. 20

Enacted this 3rd day of June 1988
(As amended May 29, 1996)
(As amended May 21, 1998)

Pursuant to the authority and power vested under Section 9, Sub-Section 7 (a) of the Constitution of the Public Service Alliance of Canada, the National Board of Directors hereby enacts Regulation No. 20, as follows:

1. Where required by provincial labour legislation, a local or provincial union chartered by the Alliance may seek certification in its own name.

2. A local or provincial union chartered by the Alliance may subsequently be assigned to a Component of the Alliance in accordance with Section 7, Sub-Section (4) of the Alliance Constitution.

1. Locals and provincial unions certified in accordance with this Regulation shall:

(a) establish standing bargaining committees to prepare bargaining proposals based on a review of membership experience under their collective agreement and receive bargaining proposals from local or provincial union members;

(b) forward, at the appropriate time, bargaining proposals to the appropriate PSAC Regional Office on an approved form and in accordance with the established timetable; and

(c) standing bargaining committees shall be composed of the PSAC Regional Executive Vice-President or a representative of the Regional Executive Vice-President, not more than five (5) members of the bargaining unit elected by the membership, and may include one (1) member from the Component to which the local or provincial union has been assigned.

2. The PSAC Regional Executive Vice-President may delete or amend demands proposed by a local or provincial union standing bargaining committee which:

(a) are harmful to other bargaining units; and

(b) are contrary to the good and welfare of the union.

3. A local or provincial union negotiating team (Alliance Negotiating Team) shall consist of the PSAC Regional Executive Vice-President or a staff representative of the Regional Executive Vice-President, and not more than five (5) members elected from among the membership of the bargaining unit. Only members of the bargaining unit on the bargaining committee will be entitled to vote in such election. Members nominated to serve on the negotiating team must have given prior agreement of their willingness to serve.

4. A local or provincial union negotiating team will be chaired by the PSAC Regional Executive Vice-President or a staff representative of the Regional Executive Vice-President. All members of the negotiating team will have full voice and vote, except that when a staff representative is appointed to represent the Regional Executive Vice-President on the negotiating team, the staff representative will have no vote.

5. The local or provincial union negotiating team is responsible for concluding Memoranda of Settlement (including Letters of Understanding) with the employer through the process of collective bargaining.

6. A proposed Memorandum of Settlement (including Letters of Understanding) shall be reviewed by the PSAC Regional Executive Vice-President prior to being sent to the membership for ratification.

1. All votes shall be authorized by the local or provincial union executive and be conducted under the authority of the appropriate PSAC Regional Office.

2. All bargaining unit members in the local or provincial union shall be eligible to vote.

3. All votes shall be by secret ballot.

4. The PSAC Regional Executive Vice-President shall develop specific guidelines for the conduct of balloting by Regional Offices.

5. 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.

6. A collective agreement for a local or provincial union bargaining group will be signed by the PSAC Regional Executive Vice-President and the local or provincial union president when a majority of the votes cast during a ratification vote are in the affirmative, excluding spoiled ballots.

1. The local or provincial union president may authorize a strike vote following consultation with the PSAC Regional Executive Vice-President if:

(a) the bargaining procedures established by appropriate labour legislation fail to result in a tentative agreement;

(b) at any time, a recommendation that a strike vote be taken is made in writing, signed by a majority of the members of the local or provincial union negotiating team and approved by the PSAC Regional Executive Vice-President;

(c) the PSAC Regional Executive Vice-President may authorize a strike when the majority of members voting in a ratification vote, excluding spoiled ballots, rejects a proposed Memorandum of Settlement.

1. Members of a local or provincial union will receive strike pay in accordance with the provisions of PSAC Regulation No. 6 if the strike is authorized by the local or provincial union president and sanctioned by the PSAC Regional Executive Vice-President.

1. A local or provincial union will be represented on the PSAC National Board of Directors by the PSAC Regional Executive Vice-President or its Component President or his/her alternate.

2. For the purpose of representation at any National Convention of the Alliance each local or provincial union's delegate entitlement shall be determined by Section 19 of the PSAC Constitution.

1. Payment of dues by a member of a local or provincial union shall be in accordance with Section 24 of the PSAC Constitution.

1. The preparation and presentation of grievances shall be the responsibility of the local or provincial union except that:

(a) the decision to proceed with a grievance to arbitration or adjudication will be the responsibility of the PSAC Regional Executive Vice-President acting upon a recommendation of the local or provincial union; and

(b) the Alliance Centre shall be responsible for representation of members at arbitration or adjudication.

1. The PSAC Regional Executive Vice-President is hereby delegated the authority of the PSAC National President for locally or provincially certified bargaining units in his/her region.

2. If the applicable legislation requires residency in the province, the National President, in consultation with the Regional Executive Vice-President, may delegate the above-noted authority to a PSAC Official or a member in the province.

1. A local or provincial union chartered by the Alliance shall be issued a charter signed by the PSAC National President in a form approved by the Alliance Executive Committee.

1. A local or provincial union shall establish by-laws and policy for its operation and such by-laws and policy shall be fully consistent with the Constitution of the Alliance, Component By-Laws, and this Regulation, and shall in no way contravene their provisions.

Regulation Index

Enacted this 25th day of September 1996

1. This Regulation may be cited as the "PSAC Election Expenditures" pursuant to Section 18 of the Constitution.

2. The spending limit for candidates for PSAC Executive Office shall be as follows:

For the office of National President - $5,000
For the office of Executive Vice-President - $4,000
For the office of Regional Vice-Presidents - $3,000

A candidate who runs for more than one office shall be subject to the limit for the higher office.

3. The cost of suite/rooms shall not be included in the spending limit.

4. Donated literature; posters; handouts; buttons and other paraphernalia; food and refreshments shall be included in the spending limit.

5. The spending limit shall begin six (6) months prior to the commencement of a PSAC Convention.

6. Each candidate shall submit a report of campaign expenses to the National Board of Directors within three (3) months of the date of the election, and the NBoD will refer the reports to the Standing Finance Committee or other body for review at its discretion.

7. The expense report shall be accompanied by supported invoices for all expenses.

8. Failure to submit an expense report or spending in excess of the limits mentioned in paragraph (2), may result in disciplinary action under Section 25 of the PSAC Constitution.

Regulation Index

Enacted this 28th day of January 1998

1. The Association shall establish a Constitution and policies for its operations and such Constitution and policies shall be fully consistent with the Constitution of the Alliance and shall in no way contravene its provisions.

2. The Association has the right to hold conventions or meetings as outlined in its own Constitution and shall be solely responsible for all costs involved in such conventions and meetings.

3. a) The Association shall have the right to elect its own officers in accordance with procedures outlined in its Constitution.

b) The National President of the Alliance or his/her nominee shall have the right to attend all meetings and conventions and to speak when requested.

4. a) Membership in the Association may be extended to retired associate members and retired members of the PSAC.

b) The Association shall establish its own dues or membership fees and shall control its own revenue and expenditures.

5. The Association may become affiliated with other similar organizations which promote and advance their common interests.

Regulation Index

Enacted this 27^th day of September 2000

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 the:

1.1.1 The Standing Finance Committee of the NBoD shall consist of four members: three (3) members of the Board excluding AEC Officers - elected by members of the NBoD other than AEC Officers during the first NBoD meeting following Triennial Conventions of the Alliance - and the AEC Officer responsible for Finance.

1.1.2 The Standing Finance Committee shall elect its own Chairperson.

1.1.3 In the event that a vacancy occurs on the Standing Finance Committee from amongst the NBoD members (except the AEC Officer responsible for Finance), the vacancy will be filled at the next meeting of the NBoD.

The Committee shall:

1.2.1 Meet when necessary.

1.2.2 Meet with the Director, Executive Office Branch, and the Coordinator, Finance Section, before each regular meeting of the National Board of Directors, to review past and future expenditures and proposals to the NBoD for which there is no budget. Twice a year, the Committee will meet with Branch Directors to review Branch expenditures and projections.

1.2.3 Review all financial statements and support documentation on an ongoing basis, and provide comments to the AEC and NBoD where the Committee feels appropriate.

1.2.4 Provide an annual report on the state of the PSAC's financial situation to the AEC and the NBoD that includes its comments and recommendations, and the responses from the AEC and the NBoD.

1.2.5 Provide a written report to each Triennial Convention of the PSAC through the Convention Finance Committee on all issues that it has addressed during its term, and identify all expenditures funded out of the PSAC Membership Asset Fund.

1.2.6 Review any reports provided to it by the Board of PSAC Holdings on any major costs for repairs, renovations, etc., and submit any comments that it has to the Board of PSAC Holdings for its consideration.

1.3.1 The AEC will provide all relevant financial information to the Standing Finance Committee in a timely way, and provide a written reply to any comments or recommendations that it receives from the Standing Finance Committee within six weeks of receipt of the comments and recommendations.

1.3.2 Ensure that the Chair of the Standing Finance Committee is advised at the outset of internal deliberations that may result in a future expenditure that is outside the approved budget.

1.4.1 The National Board of Directors shall review the reports of the Standing Finance Committee and ensure that expenditures not exceed revenues, unless such expenditures are essential to the operation of the Alliance and in the best interest of the Alliance membership.

2.1.1 Except in extraordinary circumstances, for PSAC fiscal years 2001 and beyond, the National Board of Directors will not draw more than $500,000 per year from the Membership Asset Fund. Such funds should only be drawn to cover expenditures that are in excess of approved budget allocations to pay for extraordinary expenses or incurred as a result of circumstances or conditions either unexpected or beyond the PSAC's control. Extraordinary circumstances would include PSAC dues being cut off during a strike, meeting the PSAC's legal obligations, and adjusting the PSAC budget during a period of declining revenue.

2.1.2 Funds shall only be requested from the PSAC Membership Asset Fund when no other approved budgetary funds are available and failure to provide such emergency funds would be detrimental to the welfare of our members.

2.1.3 Such requests for funds from the PSAC Membership Asset Fund shall be reviewed by the Standing Finance Committee and provided to the NBoD in advance, with comments and recommendations from the Standing Finance Committee. Expenditures drawn from the PSAC Membership Asset Fund will require a two-thirds (2/3) majority vote for approval.

3.1.1 The AEC and the NBoD will work to restore the PSAC's asset base. Any savings, increased revenues or monies not required for the ongoing needs of the Alliance will be deposited in the PSAC Membership Asset Fund, and cannot be withdrawn other than with the prior approval of the NBoD as outlined in Section 2 of this Regulation.

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