Module 4: Governance of the PSAC and the UTE

By the end of this module, participants will be able to:

  • Refer to the foundational documents of the PSAC and the UTE,
  • identify various UTE By-Laws and their purpose,
  • describe the kinds of offences that could lead to discipline by the UTE,
  • identify various UTE Regulations and their purpose.

Introduction

PSAC and UTE are governed by the PSAC Constitution and Regulations. UTE is also governed by its own By-Laws and Regulations.

PSAC Constitution and Regulations

The PSAC Constitution and Regulations set out the PSAC's decision-making process for electing leadership, setting bargaining priorities, setting, and approving budgets, and resolving internal disputes.

PSAC's activities and statements are also governed by policies. PSAC policies, the Constitution and Regulations are decided by delegates elected by their Local or Component to attend PSAC’s National Triennial Convention.

What is a Component?

A component is an organized group of members, Locals or Branch of no less than 2,500 members.

The authority of components is found under Sections 8 and 9 of the PSAC Constitution. These rights include holding their own convention and establishing their own By-laws and Regulations, to name a few. From this authority springs the UTE—a Component of the PSAC.

UTE By-Laws and Regulations

By-Laws 

The UTE By-Laws describe in some detail the UTE’s purpose, aims and objectives; how the UTE defines a “member”; the roles and responsibilities of UTE officers and the consequences of violating these duties; UTE’s structure and form, as well as the financial and electoral/democratic aspects of the UTE.

UTE By-Law 1 establishes the name of our component-union as the “Union of Taxation Employees-Public Service Alliance of Canada.” It also provides that its headquarters are in the National Capital Region.

The UTE’s purpose, aims and objectives are provided under UTE By-Law 2:

  • To unite all members in good standing with UTE in a single democratic organization.
  • To obtain through democratic means for all members of UTE, as defined in By-Law 3, the best possible standard of wages, salaries and other conditions of employment and to protect their interests, rights and privileges.
  • To support the PSAC in the furtherance of its purpose, objectives and constitutional responsibility.
  • To represent any member or group of members in appeals, grievances, complaints, independent third-party reviews or any other matters within the jurisdiction of UTE.
  • To promote solidarity, develop and maintain good communications, and build union pride amongst members in good standing of the UTE.

What is a UTE Member?

The PSAC currently counts 230,000 members, which include some 35,000 UTE members.

UTE By-Law 3 provides that “All members in good standing with the PSAC and employed by the Canada Revenue Agency (CRA) shall be eligible for membership in UTE.”

To be a PSAC-UTE member, you must meet the definition of “employee” under the Federal Public Sector Labour Relations Act:

employee, except in Part 2, means a person employed in the public service, other than

  1. a person appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act;
  2. a person locally engaged outside Canada;
  3. a person not ordinarily required to work more than one third of the normal period for persons doing similar work;
  4. a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act;
  5. a person employed in the Canadian Security Intelligence Service who does not perform duties of a clerical or secretarial nature;
  6. a person employed on a casual basis;
  7. a person employed on a term basis, unless the term of employment is for a period of three months or more or the person has been so employed for a period of three months or more;
  8. an employee of the Administrative Tribunals Support Service of Canada who provides any of the following services exclusively to the Board:
    (i) mediation and dispute resolution services,
    (ii) legal services,
    (iii) advisory services relating to the Board’s exercise of its powers and performance of its duties and functions;
  9. a person who occupies a managerial or confidential position; or
  10. a person who is employed under a program designated by the employer as a student employment program. (fonctionnaire)

To determine what a member in good standing means, we must refer to Section 4 of the PSAC Constitution, which defines the term as follows:

Dues-Paying Members

  1. Dues-paying members who have signed a PSAC Application for Membership Form, whose membership is not currently suspended by the PSAC NBoD, and whose dues are kept current and paid no later than the month in which they become due;
  2. For the duration of tenure of their office, dues-paying members elected to a full-time position in the PSAC, a Component or a Directly Chartered Local (DCL) who are laid off or dismissed by the employer for action undertaken on behalf of the membership subject to Sections 4 and 25 of this Constitution, and whose dues are kept current and paid no later than the month in which they become due;
  3. Dues-paying members who are employed by the Canadian Labour Congress (CLC), chartered Federations of Labour or Labour Councils, whose dues are kept current and paid no later than the month in which they become due;
  4. Dues-paying seasonal indeterminate or equivalent members;

Non Dues-Paying Members

  1.  Members who are suspended or terminated by their employer, until they have exhausted all avenues of recourse. The rights and responsibilities of non-dues paying members under Sub-Section 2
  2. are defined in Regulations adopted by the NBoD; PSAC Constitution as amended at the 2018 National Triennial Convention – November 2018 Edition 7
  3. Non dues-paying members who have signed a PSAC Application for Membership Form and who are not yet paying dues because their first collective agreement has not yet been reached or signed;
  4. Non dues-paying members laid off by their employer may have their membership extended for a maximum of thirty (30) months subsequent to lay-off. The rights and responsibilities of non-dues paying members under Sub-Section (2) (g) are defined in Regulations adopted by the NBoD;
  5. Non dues-paying PSAC members who do not have alternative paid employment and who are on leave without pay because of disability or injury at work;
  6. Non-dues paying seasonal indeterminate or equivalent members;
  7. With the exception of f) and j), pursuant to Regulation 5, non-dues paying members must make application to the National President in order to maintain their membership in good standing;

Awarded Memberships

  1. Non-dues paying Honorary Members as defined in Sub-Sections (4) and (5);
  2. Non-dues paying Life Members as defined in Sub-Sections (6) and (7);
  3. Non-dues paying Associate Members as defined in Sub-Sections (8) and (9).

Note also that by decision of the Executive Council, the Convention or by Local proposal approved by Executive Council, the UTE may award individuals either Honorary Membership or Life Membership in the UTE.

What does membership in the UTE entail?

You may be surprised to learn that UTE members too have certain responsibilities with respect to their union, even though some of these may be passive in nature.

UTE By-Law 4 sets out members’ responsibilities upon being granted membership in the UTE, namely:

  • To agree to abide by and to be bound by the provisions of the UTE By-Laws and the Constitution of the PSAC;
  • To constitute, appoint and nominate UTE and the PSAC as their agents to negotiate with their employer on their behalf in the spheres of competence of UTE and the PSAC respectively;
  • To constitute, appoint and nominate the PSAC as their agent for the purpose of entering into collective bargaining with their employer under the procedures established by legislation for collective bargaining in the Public Service of Canada.

Membership dues

UTE By-Law 5 deals with membership dues. It provides that membership dues shall be set by the Convention and that Locals may set their own dues according to their own By-Laws and Regulations.

The finances of the union come from members’ dues. PSAC, collects dues from each member’s pay. Dues are made up of PSAC dues, UTE dues and your local dues. Currently, PSAC dues are set at .9593% of a member’s gross pay.

UTE is set at a flat rate of $22.70 per member. Each local of UTE can set their own dues. This can either be a percentage of pay or a flat rate.

There has been much debate both at PSAC conventions and UTE conventions about what is the fairest way to determine membership dues. Currently, the above rates apply but this could be changed by a resolution to either convention and if passed by the membership this method could change.

How are membership dues spent?

PSAC

The PSAC receives the largest portion of union dues. This is because they have the most responsibility to the membership.

PSAC is responsible for all legal services to the membership. They handle all grievances that are sent the Federal Public Sector Labour Relations and Employment Board (FPSLREB) or to the Federal Court. They provide legal advice and guidance to components and Directly Chartered Locals.

PSAC is responsible for bargaining for all members and a portion of your dues go to the national strike fund to provide strike pay in the event of a strike. PSAC is also responsible for all costs related to bargaining which will be discuss further on.

PSAC also advocates on behalf of its members for human rights and worker rights, safe workplaces, and social justice.

PSAC financial statements are available on their website for your review.

The PSAC budget is voted on every 3 years at the Triennial Convention.

UTE

As stated earlier, UTE receives $22.70 per month per member in order to finance its operations.

UTE currently employs 16 employees and is responsible for the salaries of our elected National President and First Vice-President and Second Vice-President.

UTE funds 2 annual Presidents’ Conferences, a National Health and Safety Conference once every 3 years, 3 regional and 1 national Equal Opportunities Conferences per 3-year cycle. UTE funds local activists to attend these events.

UTE has many committees that meet throughout the year and meet and consult with the CRA.

We provide scholarships to members and their children for post-secondary education.

UTE regulations allow for funding to locals for certain activities or events.

During the last strike UTE provided an additional top up of strike pay to our members at a rate of $50.00 per day.

UTE supplies financial statements and a budget to the membership prior to our Triennial Convention. The budget is passed at this convention. If resolutions are brought to the convention that have a cost associated with them, these costs are supplied to the delegates prior to any vote so they are aware if they vote yes to the resolution the cost that will be associated with this resolution.

LOCAL

Local funding is determined by a local’s by-laws. Every local across Canada has different local rates of dues. Locals use these dues to hold local meetings and events.

This money can also be used to fund members and activists to attend events where this cost isn’t covered by UTE regulations. Some locals through their by-laws and regulations have their own strike funds to top up members strike pay during a strike.

Locals should hold an Annual General Meeting (AGM) at least once per year and provide their members with a copy of their financial statements, including a budget. Members can, at this AGM, vote to accept these statements, reject them, or change them. This is the members’ money and they do have a say in how the money is spent.

How is the UTE organized?

UTE By-Law 6 tells us that the UTE is composed of Locals, that they have the right to deal with issues faced by their members and address these directly with local management. Each Local must also adopt its own By-Laws. Regulations can also be created. This By-Law also sets out the obligation of the Local Executive to hold regular meetings and an Annual General Meeting (AGM).

Discipline 

UTE By-Law 13 sets out the process for imposing disciplinary measures on members and officers of the UTE. It includes a list of specific offences whose violation could lead to discipline. Specifically, this By-Law provides that UTE’s Executive Council:

  • shall have the authority by resolution passed by a majority consisting of two-thirds (2/3) of those eligible to vote, to recommend to the National Board of Directors of the PSAC, suspension of membership in the PSAC for such period as may be deemed appropriate in the particular circumstances, if it is found that they have contravened any provision of these By-Laws or the Constitution or for cause;

(…)

  • The Executive Council shall have the authority by resolution passed by a majority consisting of two‑thirds (2/3) of those eligible to vote, to remove from office and deny the right to hold any office for a period not exceeding five (5) years, any member of a Local, any officer of a Local or any officer of the Executive Council if it is found that they have contravened any provision of these By-Laws or the Constitution or for cause listed in By‑Law 12, Section 3.

Under the PSAC Constitution, it is then the PSAC’s National Board of Directors (NBoD) that has the authority, by resolution passed by a majority consisting of two-thirds (2/3) of those eligible to vote, to suspend or expel from membership any PSAC National Officer; any Regional Council, Component, Local, Branch, Regional Committee, Area Council, or any of their officers or members, for contravening any provision of the Constitution of the PSAC or the By-Laws of any Regional Council or any By-Laws of any Component or the By-Laws of any Local, Branch, Area Council.

UTE Regulations

While the UTE By-Laws provide the overarching framework for the functioning of the UTE, the UTE Regulations speak to administrative aspects of the UTE and provide more specificity.

The UTE Regulations go into detail about several aspects of the UTE, including Convention, the duties of UTE Officers, collective bargaining, and grievance representation, along with several Regulations that deal with loans and expenses, such as the Local Loan Policy and family care expenses.

Who are the Locals and how are they created?

While the UTE By-Laws speak to the right to create UTE Locals, it is the UTE Regulations that describe these Locals and sets out the process for creating new ones.

UTE Regulation 1 lists the 60 Locals that currently make up the UTE.

UTE Regulation 2 sets out the requirements and process for creating a new UTE Local, which must have a minimum of 50 members, except if the new Local is at least one hundred (100) kilometers from the existing Local and it is not feasible to service the new Local from the old Local, in which case the Local may count fewer than 50 members.

UTE Committees

While the UTE By-Laws provide for the right to create committees, UTE Regulation 3 lists the 14 standing committees and describes their make-up.

Disciplinary Procedures

UTE Regulation 26 deals with the Disciplinary Procedures of the UTE as relates to the right of discipline provided for under UTE By-Law 13. This Regulation provides for the establishment of an investigations committee following receipt of written allegations against a UTE member, guidelines for investigations and an appeal process.