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A Critical Analysis of the 2007 CUPE Constitution and 10 Questions
01. Should CUPE National have placed CUPE Local 3264 under trusteeship?
Romard v. CUPE
[73] I find that CUPE Local 3264 and its Executive failed the plaintiff at every turn. The "not caring" attitude manifested by the Local Executive was inconsistent with the duty of fair representation owed to the plaintiff by the Executive. It was this attitude which led the Local Executive to abandon the plaintiff, his rights and his career. This action and inaction together with the violation of the plaintiff's rights certainly caused him some degree of mental stress. For this and for the violation of the plaintiff's rights I award the plaintiff $25,000.00.
[15] ... The copying of this letter to the National body is the only piece of evidence showing that the National was aware of what was happening in the Local.
[65] In conclusion I find that CUPE National did not owe a duty of fair representation to the plaintiff. ...
Judge Felix A. Cacchione
Supreme Court of Nova Scotia
[161], [162], [163] and [168]
02. Why does the CUPE (more than 500,000 members) national executive board need the constitutional authority for instant borrowing?
Article 7.12
National Executive Board
The National Executive Board shall have complete authority to borrow monies and to pledge any funds or properties of the Canadian Union of Public Employees as security for such borrowing.
03. Does the membership of CUPE have to wait until the biennial national conventions to see the audits of the union's books?
Article 9.3 (g)
National Officers
(g) The National Secretary-Treasurer shall have the books of the Union audited each year by a registered firm of chartered accountants selected by the National President and approved by the National Executive Board. Such audits shall be furnished to the National Executive Board and to the Convention.
04. Why shouldn't Article 9 state the following? The National Secretary-Treasurer shall post copies of updated collective agreements covering all CUPE National staff employees, on the CUPE National website. CUPE National staff employees' collective agreements are already accessible to the public and they are on file with the Ontario Ministry of Labour.
Article 9.3 (q)
(q) The National Secretary-Treasurer shall forward copies of updated contracts covering all Canadian Union of Public Employees staff employees to all Provincial Divisions and District Councils.
05. Don't CUPE's staff employees work for incumbent candidates (candidates for elected offices in CUPE)?
Article 16.6
General
No candidate for elected office in any chartered body of the Canadian Union of Public Employees or for its National Executive Board shall solicit or accept money or in-kind donations or other participation from an employee of the Canadian Union of Public Employees.
06. Can local union trial committees [5 members Article B.6.3 (e)] find officers guilty of violating the CUPE constitution?
07. Why shouldn't the memberships present at local union meetings decide whether members are guilty or not of violating the CUPE constitution?
Article B.6.4 (f), (h) & (i)
Trials
(f) The Trial Committee shall determine whether the accused is guilty or not of the complaint or complaints by secret ballot and a finding of guilt may only be sustained when at least four (4) members of the Trial Committee cast their votes for a finding of guilt against the accused.
(h) The chairperson of the Committee shall report the Trial Committee's decision, along with its recommendations for penalty or punishment if the accused is found guilty, first to the accused and the accuser and then to the next regularly scheduled or properly constituted membership meeting of the Local Union.
(i) The finding of guilty or not guilty shall be recorded in the minutes of the meeting. If the decision is guilty then the recommendation for penalty or punishment shall be dealt with by the Local Union which may alter or confirm the penalty or punishment recommended by the Trial Committee. If the Local Union has thirteen (13) members or less the Trial Committee's recommendation for penalty or punishment shall be the final decision.
08. Why shouldn't the accuser have the right to appeal?
Article B.6.5 (a)
(a) The accused may appeal the finding of guilt and any penalty or punishment imposed upon him/her under Article B.6.4 by appealing to the National President within thirty (30) days from the date when the decision of the Trial Committee was dealt with by the Local Union, or communicated to the accused if the Local Union has thirteen (13) or fewer members. No appeal may be taken by the accuser against a finding of not guilty or against any penalty or punishment imposed upon the accused.
09. Why shouldn't Article B.6 have maximum limits on any penalties or punishments?
10. Why shouldn't the accused have the right to appeal to the national convention?
Article B.6.5 (f)
(f) The decision on any appeal shall be delivered by the Appeal Panel within thirty (30) days after the hearing of the appeal or the completion of written submissions. The Appeal Panel may confirm or set aside the finding of guilt, and may confirm, alter, or set aside any penalty or punishment imposed, and its decision shall be final and binding.
Amendt v. Hospital Employees Union
59. In this case, the Complainants were never provided with the complaint or even with the specifics of the complaint until after the August 22, 2003 decision. ... There was, in fact, no real investigation. ...
62. ... I find the Complainants were entitled to know the allegations against them and to be given an opportunity to provide an explanation before any decision was taken by the Provincial Executive. The Complainants were also entitled to know the steps in the process and avenues that would be available to them during the process.
Michael Fleming, Associate Chair
British Columbia Labour Relations Board
Amendt v. Hospital Employees Union
Bridgetech dispute
"This will continue my reporting on the ongoing situation regarding the massive over-spending on technology that I discovered after taking office last December, and the subsequent dispute and litigation with BridgeTech Systems Ltd.
As I indicated in previous reports, the National Executive Board decided to "write off" approximately $6.5-million of capitalized costs for work done by BridgeTech in implementing the so-called "integrated Oracle financials package" and a number of other National Office systems between 1998 and 2001. ...
Further settlement discussions are unlikely because of the discovery this summer of evidence clearly linking BridgeTech to schemes of false invoicing with respect to a campaign contribution to the Sid Ryan Campaign and to financing the attendance by CUPE participants at several Oracle Users' Conferences in the United States. ..."
CUPE caught up in scandal
"Allegations have been levelled against a campaign by Sid Ryan for the position of secretary-treasurer at the national union. ...
Among the allegations is a claim that thousands of dollars were paid by the union to companies for services never rendered and the inappropriate use of airline tickets paid for with members' dues.
Some of the money found its way into Ryan's campaign."
The Mail-Star September 19, 2002
2001 Election irregularities
"The police investigation is now over and criminal charges were laid on February 19, 2004. Four people have been charged with multiple counts of fraud and of conspiring to commit fraud. Two other persons were named as conspirators but not charged. ..."
CUPE lost more than 6,000 health care workers in Alberta in representation votes
"This year we also lost more than 6,000 health care workers in Alberta in representation votes. ..."
National secretary-treasurer's report - March 16-18, 2004
More than 2,000 health care members in Alberta have voted to leave CUPE and join AUPE
"More than 2,000 health care members in communities throughout Alberta have voted to leave CUPE and join AUPE, ..."
Carewest employees apply to switch unions to AUPE from CUPE
CUPE National sought major concessions from staff
"As we have told you in previous bulletins, the employer is seeking radical, drastic concessions to your pension plan. It is worth noting that each time we have met with the employer, they have added a new concession to their proposal.
This bulletin provides an overview of our proposals and the major concessions the employer has tabled."
Bargaining Bulletin #9, Pensions - What's At Risk? November 2, 2006
Real Solidarity email: real_s(at)chebucto(dot)ns(dot)ca
Links
CUPE National Constitution (PDF file)
CUPE 1734 Audit report 2006 (PDF file)
The CUPE-Ontario Boycott of Israel Demands a Response