Public Service Alliance of Canada BC

PSAC Minutes and Record of Decisions of The PSAC Equal Opportunities Committee November 28 to December 2, 2005

Meeting

The meeting was held in the Victoria Room at the Delta Ottawa Hotel, 361 Queen Street, Ottawa, Ontario.

The PSAC Harassment Statement was read to the group by co-chair, Robyn Benson at the start of the meeting.

Download the PSAC Equal Opportunities Committee Nov 28-Dec 2 2005 minutes here , or read below.

In attendance

• Robyn Benson PSAC Co-Chair, PSAC REVP-Prairies
• Marianne Hladun Agriculture Union (AGR)
• Todd Harding Canada Employment and Immigration Union (CEIU)
• Carolyn McGillivray Customs Excise Union Douanes Accise (CEUDA)
• Nicole Raymond Union of Environment Workers (UEW)
• Raj Dhir National Component (NAT)
• Edmond Kwan National Health and Welfare Union (NHWU)
• Carol Choffe Natural Resources Union (NRU)
• Marie-Louise Larocque Union of Canadian Transportation Employees (UCTE)
• Brenda Moore Union of National Defence Employees (UNDE)
• Beatrice Breau Union of Postal Communications Employees (UPCE)
• Donald Robert Union of Northern Workers (UNW)
• Debbie Kelly Union of Solicitor General Employees (USGE)
• Shawn Bergeron Union of Taxation Employees (UTE)
• Paul Shortt Union of Veterans’ Affairs Employees (UVAE)
• Jo-Anne Smith Yukon Employees Union (YEU)
• Andre Paul PSAC Aboriginal Man Representative
• Vicki Zyniewski PSAC Aboriginal Woman Representative
• Robin East PSAC Disability Man Representative
• Maureen Doherty PSAC Disability Woman Representative
• Gerard Ennis PSAC GLBT Man Representative
• Mastaki M’Sebuyange PSAC Racially Visible Man Representative
• Terri Lee PSAC Racially Visible Woman Representative

Observer

• Indra Fung Fook Union of Environment Workers (UEW)

Invitee

• Nycole Turmel PSAC National President

Staff

• Sue Courchaine Programs Section
• Pierre Dumoulin (T’Base Communication) Reader for Robin East
• Seema Lamba Programs Section
• Lorencita Pinto Programs Section
• Devin Whall (T’Base Communication) Reader for Todd Harding
• Jeff Bennie Programs Section
• Denis St. Jean Programs Section
• Craig Spencer MPB, Legal Office
• Johanne Labine Education Section
• Terri-Lee Rayvals-Mele Education Section
• Cathy LaFrance Education Section

Regrets

• John Gordon PSAC Co-Chair, PSAC National Executive Vice-President
• Wilma Findlay Government Services Union (GSU)
• Kay Sinclair PSAC GLBT Woman Representative

Absent

• Ely Panipakoocho Nunavut Employees Union (NEU)

1. Approval of the Agenda

The EOC agenda was approved with the following additions under new business:

• 13 a) Human Rights Grievance Training
• 13 b) Harassment Training

2. Introductions/Administration

An Orientation Session was held on the Monday afternoon.

A round the table introduction was done. There were 13 new EOC representatives and alternates at the meeting. As an opportunity to get to know each other outside of official business in a more casual setting, a group lunch was arranged for Wednesday afternoon.

The PSAC National President, Nycole Turmel visited the EOC and discussed the upcoming PSAC Convention and advised the Committee that 4 of the equity representatives would be selected to sit on the PSAC Pre-Convention Committees. Sister Turmel discussed the upcoming federal election and the issues that would be a priority for the PSAC.

3. Approval of Previous Minutes

The minutes of the May 2005 EOC meeting were adopted. It was noted that the attachment to the minutes on Convention Preparation was incomplete, specifically the part on disability rights. Members from the disability rights group during the Convention Preparation session were asked to provide input for the incomplete section.

It was agreed that the minutes would have the same deadline date as the Equity and Component reports and be sent out prior to the actual meeting.

4) Activity Reports

4.1 Co-Chair Reports

The Co-Chair Report was sent out by email prior to the meeting. A verbal update was provided as follows:

• PSAC 2006 Convention: The Convention Call Out was distributed.
• Email addresses for PSAC members who are required to correspond to members. It was clarified that the intent of the EOC’s recommendation from the last EOC meeting was to ensure that members do not use employer email addresses at work.
• The federal election is scheduled for January 23, 2006. The PSAC’s slogan for this election is Think, Ask, Vote. In anticipation, the AEC approved the following issues as priorities for which fact sheets will be prepared: protection and delivery of public services; whistleblower protection; health care; poverty; labour rights (anti-scab legislation); human rights (Aboriginal Rights); pay equity; national child care; and pension surplus.
• Budget update: There was approximately $67,000 left from the 2004 EOC budget. The 2005 budget line item was $150,000 of which to date $111,276.71 has been expended.
• The eight Equity Representatives met on Monday morning and had a discussion on how to outreach to their constituencies and utilize the outreach funding to support their activities. The representatives decided that to have a series of conference calls with their alternates followed by a conference call with the equity Representatives from Regional Councils. The Racially Visible representatives are piloting a newsletter for their constituency. The newsletter will be sent to the PSAC Human Rights Officer to ensure content and have translation provided.

4.2 Programs Section Report

The Human Rights report was distributed at the meeting with an outline on the Anti-Racism Chapter.

Sister Lamba reported that she attended the National Anti-Racism Council of Canada Conference held in Ottawa. The conference brought NGO, labour, legal clinics and other organizations together who were active on anti-racism initiatives.

The preliminary final report on the Embracing Change Initiative was available for distribution. The findings from this report confirmed PSAC’s concern, that Embracing Change has been a failure and that barriers to the success of such initiatives include the delegated authority of hiring managers and corporate culture. Accountability is necessary for any such initiatives.

4.3 Activity Report from EOC Equity/Component Members

Reports were received from some members and were emailed in advance to the Committee.

Sister Maureen Doherty’s report, Representative for Members with Disabilities was made available at the meeting.

Brother Edmond Kwan’s report was not distributed since it unfortunately had not been translated in time for the meeting. It has been distributed via email.

It should be noted that there were a number of new members at the EOC and they were afforded the opportunity to provide an update, however, this will not set a precedent nor be common practice.

During Brother Ennis’ verbal update on his report, he informed the EOC that the PSAC caucus at the CLC Pride and Solidarity Conference requested the following issues be raised at the EOC:

1. That a synopsis of the CLC Pride and Solidarity Conference be included in the Union Update.
2. That for the 40th anniversary of the PSAC, a “timeline” handout outlining the accomplishments and gains made with respect to the GLBT equity group by the PSAC over the years be made available for the PSAC convention.
3. That the PSAC take into consideration that the caucus did not want the Pride conference to be held in 2006 but in the spring of 2007.
4. That the PSAC Website should list the email connections for the Component representatives and the PSAC equity representatives. This list should be kept current.

Action:

• Request #1 is already underway.
• Request #2 will be undertaken with the support of the Programs Section.
• Request #3 will be conveyed to the AEC for consideration.
• Request #4, will be addressed by the Programs Section distributing a form to EOC members by email to identify which members require a PSAC email address.

Brother Ennis also requested that the Component representatives seek funding from their Components for more members to attend the “Workers Out” Conference to be held in Montreal in June 2006.

Action: EOC Component representatives to go back to their Components and request funding for members to attend the “Workers Out” Conference.

The co-chair explained the necessity of having the reports into Sister Lamba on a timely basis so that they can be translated and sent to the members of the committee prior to the meeting. As well, any member who does not submit a written report will not have the opportunity to give a verbal report as the EOC has been very clear that the reports must be received in writing.

It was suggested that the members should bring a copy of the reports as copies will not be made available at the meetings.

There will be a follow up to the original request for reports two (2) weeks before the deadline date to ensure that members have ample opportunity to send their reports into the Section in a timely manner.

5) Follow-up from “Roles and Responsibilities” Session of May 2005

Education Program Officer Sister Johanne Labine facilitated a follow-up session from the May 2005 EOC session on the roles and responsibilities of the EOC. Members discussed EOC responsibilities and the expectations of PSAC that EOC members had outlined at the May 2005 meeting (see attached documents as Appendix A.) There was no consensus on the roles and responsibilities of EOC members and the expectations of PSAC during the session. The discussion on EOC roles and responsibilities will be further discussed at the next EOC meetings.

6) PSAC Scent-Free Policy (Health and Safety Program Officer – Tuesday 1:30 p.m. 3:15 p.m.)

There were resolutions at the PSAC National Conferences on the need for PSAC to develop a Scent-Free Policy. Consequently, a draft policy was developed. The NBoD Standing Committee on Health, Safety and Environment requested that the EOC provide input and comments on the draft PSAC Scent-Free Policy. Brothers Denis St. Jean and Jeff Bennie, the PSAC Health and Safety Officers, presented the draft PSAC Scent-Free Policy. The EOC provided comments and input that Brothers St. Jean and Bennie will take back to the NBoD standing committee.

Action: Co-chair Sister Benson agreed to discuss the EOC’s concern with the AEC, that the policy should include consequences if the policy is not adhered to. It was also agreed that if EOC members had further comments that they should be sent in writing to Health and Safety Officers, Brothers St. Jean and Bennie..

7) Discrimination by Foot Locker (Andre Paul)

An Aboriginal person was not allowed in a Foot Locker store at the Centre Mall in Saskatoon because he fit a “profile” of a person who had been banned from the store previously. This agenda item was tabled since a human rights complaint has been filed with the Human Rights Commission.

Action: If there is further development on this issue, Brother Andre Paul or Sister Marianne Hladun will bring it to the attention of the EOC. Brother Shawn Bergeron will contact the Local involved to see if a decision has been made to take this to the Federation of Labour and report back to the EOC.

National Day against Homophobia (Kay Sinclair & Gerard Ennis)

Brother Gerard Ennis made the following recommendations:

1. That the National Day Against Homophobia (May 17) be permanently placed on the PSAC National Calendar as an officially recognized and celebrated day , which is to be supported and promoted by the PSAC in advance and to the same extent as any and all other PSAC officially acknowledged EO national days.
2. That the PSAC lobby (and encourage its components to also lobby) the employers to recognize National Day against Homophobia (May 17) under the spirit and intent of the employers’ various Diversity policies. This would include, but is not limited to: allowing paid time for individuals and/or local committees to participate; post, distribute, and promote the literature surrounding this date; providing display and/or symposium space if requested. In short, lobby the employers to provide the parameters, space, and time for the day in an ongoing and consistent manner.

Action: The Co-chairs would include these recommendations in their January NBOD report. The EOC also agreed that Component Representatives should take this back to their Component Presidents to start the lobbying before this issue is presented at the NBoD.

9) Philippine Nestle Union President shot dead (Terri Lee)

Sister Terri Lee provided information about the President of the Nestle Union, Mr. Diosdado Fortuna who was murdered on September 22, 2005 while he was on his way home from the Nestle factory picket line in Brgy Paciano, Calamba. He was shot in the chest by unidentified motorcycle-riding gunmen believed to be agents of the Intelligence Service of the Armed Forces of the Philippines (ISAFP) and the Philippine National Police (PNP). In response to the request to support the Nestle Union and for unions to write to Nestle condemning the murder and requesting a proper investigation, PSAC National President and the REVP BC have written letters to Nestle on this issue.

Action: EOC members go back to their Components and activists to send letters to Nestle about this situation. Information can be obtained on the web link: www.labourstart.org.

10) PSAC endorsement for members to stand for CLC Election (Terri Lee)

There was discussion about the process for CLC elections of equity Vice Presidents, Co-Chair Benson advised the EOC that this process must start well in advance of the CLC Convention and must be in consultation with the PSAC National President as there is a requirement by the CLC that the candidate must be fully endorsed by their union in order to put their name forward.

Should an individual wish to seek the endorsation of the PSAC for their candidacy for one of the CLC Equity Vice President positions, they must put their request in writing to the National President at least several months in advance of the CLC Convention. Given that the PSAC is responsible for all costs related to the participation of this position and that person would also represent the PSAC on the CLC Executive, the final decision as to whether or not the PSAC would provide the required endorsation ultimately lies with the PSAC National President.

Action: A request would be sent to Sister Turmel to provide in writing the CLC equity Vice President’s election process. In addition, the request should also seek clarification about appointments to CLC Committees and Working Groups including rationale as to why PSAC staff are representatives on these committees.

11) Reciprocal Agreement for transfer of maternity leave benefits between TB and agencies (Marianne Hladun)

This issue was raised at the Agriculture Union Convention. A Department of Justice worker went on maternity leave and upon her return to work, accepted a position at CFIA. The member was then requested to pay back her maternity allowance for the required time period that she did not work at CFIA.

Brother Craig Spencer, PSAC Legal Officer for MPB, provided information about this situation.

There was discussion that this should be an election issue and a fact sheet should be developed. However, members felt that it may not be appropriate to make this an election issue if other members may be adversely affected by lobbying candidates about this issue (i.e. the fact sheet may make some departments reconsider their decisions to allow for such transfers).

12) Health Canada Consent forms for Medical Evaluation (Edmond Kwan)

Brother Kwan provided information on this item. Health Canada has redrafted their consent forms for medical assessment without consultation with unions.

Action: It was recommended that the Component Representatives go back and find out what referral forms are being used in their departments. If there are concerns, then representatives should consult the PSAC Human Rights Officer.

13) New Business

a) Human Rights Grievance Training (Carolyn McGillivray)

There was discussion about the need for human rights grievance training in light of the recent change under the Public Service Modernization Act. Sister Johanne Labine advised the committee that there are educational kits available in modular form. The representation kit includes a chapter on grievances. It was developed using actual jurisprudence. Chapter 3 on Representation Skills is in the process of being updated.

The EOC recommended:

That a course be developed on how to represent human rights issues during the grievance process, as well as, a course on human rights advocacy.

The EOC also recommended that a fact sheet on human rights issues and processes be developed.

Action: Sister Benson will take the recommendation to develop a course on human rights grievance representation and human rights advocacy courses to the AEC for consideration. The Programs Section will develop a fact sheet on human rights issues and processes.

b) Harassment Training that the Employer will only give on-line (Debbie Kelly)

Sister Debbie Kelly explained harassment training was now offered by on-line training. Sister Johanne Labine explained the PSAC is in the process of rewriting the PSAC Harassment Kit.

Action: Members should inform their Component Presidents about this issue and raise it as UMC if appropriate.

14) Next Meeting / Adjournment

It was decided that the next meeting should be after the Pre-Convention Committees but before the Convention.

The meeting will also include a two day course on Leadership as approved by the National Board of Directors. As a result, the next meeting will be 4 to 5 days in length. The meeting will be held at PSAC Headquarters at 233 Gilmour Street.

Disability Rights Chapter Facilitated Session

A session on the Anti-Oppression Kit: Chapter on Disability Rights was facilitated by PSAC staff Sisters Terri-Lee Rayvals-Mele and Cathy La France on Thursday, December 1st and Friday, December 2nd, 2005. EOC members provided feedback and comments on the chapter, including comments on specific exercises, as well as, general comments on the overall content. The EOC requested that there be a follow-up session on the Disability Rights Chapter.

Action: Follow-up with the EOC on the Disability Rights Chapter.