OFL CONSTITUTIONAL TASK FORCE INTERIM REPORT APRIL 2013

OFL CONSTITUTIONAL TASK FORCE INTERIM REPORT

HISTORY At the January 30, 2012 meeting of the OFL Executive Board, the ETFO brought forward a motion dealing with proposed constitutional amendments in consultation with affiliates and that the recommendations be brought to the 2013 OFL Convention. That motion reads:
January 30, 2012 OFL Executive Board Minutes ETFO Motion ETFO brought a motion to the Board. Brother Ryan introduced and spoke in favour of the following motion: BE IT RESOLVED that the OFL Executive, in consultation with the leadership of affiliates and labour councils, conduct a comprehensive review of the OFLs structure, mandate and governance. BE IT FURTHER RESOLVED that this review include but not limited to an examination of dues revenue and services. BE IT FURTHER RESOLVED that the Executive provide a report of its review, with recommendations, to the Executive Board and that any proposed constitutional amendments be brought to the 2013 Convention. Motion: To adopt the ETFO motion as presented. M/S/C

Brother Ryan introduced and spoke in favour of the motion which was adopted.

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At the April 2, 2012 OFL Executive Board meeting, Brother Irwin Nanda gave an update report on what was now referred to as the OFL Constitutional Task Force. His report forms part of the minutes of that meeting:

April 2, 2012 OFL Executive Board Minutes OFL CONSTITUTIONAL TASK FORCE Brother Nanda reported on the OFL Constitutional Task Force. This Task Force is in response to the Resolution brought forward by ETFO at the January Executive Board meeting. The Task Force comprises nine (9) Board members. Three (3) members from the public sector Fred Hahn (CUPE), Maureen Weinberg or James McCormack (ETFO) and Smokey Thomas (OPSEU); one (1) member from a Labour Council Donna Wiebe; three (3) members from the private sector Jenny Ahn (CAW), Pearl Sawyer (UFCW) and either (USW/CEP); as well as Nancy Hutchison and Irwin Nanda. Brother Nanda indicated that he has contacted Brother Thomas, Brother Thomas is interested and he will bring this forward to the OPSEU Board for discussion. Sister Hutchison will be contacting Brother Fraser to see if he will participate on this Task Force. If Brother Fraser declines, then Brother Moffat (CEP) will be appointed to the Task Force. Once the Committee has been confirmed, they will meet and bring the Terms of Reference to the June Executive Board meeting. Following that, the Task Force will then report back the recommendations on the structure of the OFL to the Executive Board next January.

A further update was given by Brother Nanda at the OFLs June 19, 2012 Executive Board. His report is reflected in those minutes:
June 19, 2012 OFL Executive Board Minutes (information only) OFL CONSTITUTIONAL TASK FORCE Brother Nanda updated the Executive Board on the OFL Constitutional Task Force. He reported that he had spoken to Brother Thomas who was to take this to his Executive Board. Brother Thomas responded that he was interested on sitting on the Task Force, but OPSEU would not be paying dues back to the OFL. Brother Nanda will send out possible future dates for the Task Force to meet.

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In addition, Sister Hutchison reported that Brother Nanda also contacted Brother Fraser and asked if he would like to sit on the Task Force on behalf of USW in which he declined. Hence, Brother Moffat of CEP will be represented on the Task Force. Discussion ensued. Brother Cartwright questioned whether the OFL could somehow rebuild bridges with those affiliates who are not paying their dues, and to come up with some mutual solution and commitment.

Subsequently the USW agreed to participate on the task force. As a result of receiving no answer from OPSEU, OSSTF became the third representative from the public sector. In the end, the Task Force members were: Nancy Hutchison (OFL), Irwin Nanda (OFL), Fred Hahn (CUPE), Maureen Weinberger (ETFO), Paul Elliott (OSSTF), Jenny Ahn (CAW), Pearl Sawyer (UFCW), Tony DePaulo (USW) and Donna Wiebe (Labour Council Representative). The Committee looked at the various issues as outlined in the motion and came up with the following recommendations and presented to the April 9, 2013 Executive Board for consideration. The committee is still active. If there are any additional issues that need to be addressed, a meeting will be called. The following interim recommendations were presented at the April 9, 2013 meeting of the OFL Executive Board.

Recommendation 1: Current: ARTICLE IV CONVENTIONS, SECTION 4 (PAGE 5) Representation at conventions as approved by the Executive Council of the Canadian Labour Congress shall be: from affiliated local unions, branches and lodges, one delegate for 100 or less members, and one additional delegate for each additional 300 members or major fraction thereof and two delegates from each local labour council, plus a youth delegate aged 30 or younger. That where an organization affiliates and pays per capita on all of its membership in the province through a central provincial organization, such organization shall be allowed two delegates to the Federation convention.

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Replace with: ARTICLE IV CONVENTIONS, SECTION 4 (PAGE 5) Representation at conventions as approved by the Executive Council of the Canadian Labour Congress shall be: from affiliated local unions, branches and lodges, one delegate for 100 or less members, and one additional delegate for each additional 300 members or major fraction thereof and two delegates from each local labour council, plus a youth delegate aged 30 or younger. The following calculation shall be used in determining affiliate representation at convention: the average number of members on which the Per Capita Tax has been paid to the Federation, averaged over the 12-month period immediately preceding the credential deadline. The credential deadline shall be set at three months prior to the opening date of the convention, in accordance with Article IV, Section 7 (Arrears). That where an organization affiliates and pays per capita on all of its membership in the province through a central provincial organization, such organization shall be allowed two delegates to the Federation convention. Recommendation 2: Current: ARTICLE IV CONVENTIONS, SECTION 9 (PAGE 6) Any organization which has become affiliated to the Federation at least one month prior to the convention shall be allowed convention representation. Replace with: ARTICLE IV CONVENTION Any organization which has become affiliated to the Federation at least three months prior to the opening date of the convention shall be allowed convention representation in accordance with Article IV, Section 4 (Representation).

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Recommendation 3: Current: ARTICLE V OFFICERS, SECTION 8 (PAGE 14) In the event of a vacancy in the office of the President, a Vice-President shall perform the duties of the President until a successor is chosen by the Executive Board. If a Vice-President is unable to act in this matter the Secretary-Treasurer shall perform this duty. In the event of a vacancy in the office of the Secretary-Treasurer, or Executive Vice-President, the President shall perform the duties of the vacant office until a successor is chosen by the Executive Board. Any member of the Executive Board absent from two successive meetings without a reasonable excuse shall be deemed to have vacated the office. The vacancy so created shall be filled in accordance with Section 9 of Article V. Replace with:
ARTICLE V OFFICERS, SECTION 8 (PAGE 14) (a) If the office of the President becomes vacant, the Secretary-Treasurer performs the Presidents duties until a successor is elected by the Executive Board. Within 15 days of the vacancy, the Secretary-Treasurer will call an Executive Board meeting, giving 30 days notice, to fill the vacancy. (b) If there is a vacancy in the offices of Executive Vice-President or SecretaryTreasurer, the President performs the duties of the office until a successor is elected. Within 15 days of the vacancy, the President will call an Executive Board meeting, giving 30 days notice, to fill the vacancy. (c) If an Executive Board meeting or convention is scheduled within 60 days of the vacancy, a majority of board members may agree to postpone the decision until that meeting. (d) Any member of the Executive Board absent from two successive meetings, without a reasonable excuse, shall be deemed to have vacated the office. The above vacancy for officers other than the Vice-Presidents shall be filled in accordance with Article V, Section 8 (a)(b)(c). For all other Vice-Presidents, in accordance with Article V, Section 1.1 and 1.2.

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