Defence Fund Chairperson's Report to CAUT Council
Fall 2003
Two committees of the Defence Fund have been very busy this past year, the Policy and Planning Committee and the Membership Committee. The Policy and Planning Committee conducted a survey of all Trustees this Spring in order to improve Trustees' involvement with the Fund as well as the services the Fund provides to member associations. During their annual meeting in Regina on October 18, the Defence Fund Trustees approved the following changes to the by-law and standing rules:
1. They approved the creation of the position of President of the Fund, while the position of Chair will remain; the President will have general supervision of the affairs of the Fund, including strike support coordination, while the Chair will preside at meetings and replace the President when absent.
2. Elected officers will now serve terms of two years, with a maximum of two terms. Elections will be staggered in order to ensure continuity.
The above changes to the by-law are subject to the approval of Industry Canada, as the Fund is incorporated under federal law. The new position of President will therefore take effect only in 2004-2005. As a result, I was reelected as Chair for the year 2003-2004, under the old by-law.
3. The following change to Standing rule 6.2 (secondary purposes of the Fund), which has been modified by adding a new Section 6.2.2 as follows, took effect on October 18th, 2003:
The provision of financial assistance to member associations which incur costs of mediation and/or interest arbitration in settlement of contract negotiations (including final offer selection) in situations where a member association has legal bargaining rights and where a collective agreement, or a reopener provision within a collective agreement, is being negotiated or renegotiated. Provided a member association pays the first $5,000 of such costs incurred, the Fund will reimburse the member association for further costs incurred, up to a maximum of $35,000 in the aggregate per collective bargaining round. The member association shall pay any additional costs incurred over $40,000. Interest arbitration is hereby defined as "a form of dispute resolution, in which the arbitrator makes the terms, conditions and rules which govern the employer-union-employee relationship. So characterized, interest arbitration functions as a surrogate for collective bargaining, and the awards of arbitrators in these circumstances take the form of and serve the same purpose as collective agreements." (D.J.M. Brown & D.M.Beatty, Canadian Labour Arbitration, 3rd ed, updated Dec. 2002, Ottawa: Canada Law Book Co., p.1-1).
Eligible expenses for arbitration and/or mediation include legal fees, arbitration board's and/or mediator's fees and expenses, venue expenses and other costs directly related to the arbitration or mediation.
It is to be noted that associations who have been members of the Fund for more than six months may receive assistance as a grant, while associations with a less than six months membership may receive a loan.
4. Standing rule no. 5 has been amended to increase strike benefits to $ 60 per day.
I warmly thank Alvin Comiter (Nova Scotia College of Art and Design), the P. and P. Committee Chair, for his dedication, leadership, and hard work throughout the year, as well as dedicated committee members Nick Baxter-Moore (Brock), Alain Chabot (Ste.-Anne), and Diane Peters (W. Laurier).
The Membership Committee conducted an exhaustive review of all faculty associations who are not part of the Defence Fund, i.e. UBC**, UNBC*, SFU*, UVic*, Alberta**, Augustana, Athabasca**, Calgary**, Lethbridge**, Saskatchewan, St.Thomas More, St.-Boniface, St.-Paul*, Hearst, McMaster*, Nipissing, Ryerson**, Guelph*, Toronto*, Waterloo*, the Military Colleges**, McGill*, the Atlantic School of Theology*, and St. Francis Xavier*. As a result, there is a possibility that Ryerson Faculty Association might join the Fund. The Membership Committee has also been preparing a brochure presenting the benefits of the Fund.
I warmly thank Serge Jolicoeur (Moncton) for his relentless work, as well as Committee members Maura Matesic (York) and Jack Vanderlinde (New Brunswick). Serge is continuing as Chair of the Membership Committee for 2003-2004.
During their meeting in Regina, Trustees also elected Dennis Felbel (Manitoba) as Treasurer, Gary McCormick (Bishop's) as Chair of the Investment Committee, and Nick Baxter-Moore (Brock) as Chair of the Policy and Planning Committee, all for one year.
After this 'strikeless' year the assets of the Fund are close to $15 million.
I extend my thanks to CAUT staff members Nancy Gordon and Gord Piché who are always there to help, and to past Chair Denise Nevo who guided me during my first meeting as Chair in Regina last month.
Respectfully submitted by
Jean-Charles Cachon
Chair and Trustee for Laurentian University Faculty Association
CAUT Defence Fund
November 2003
* This faculty association is not certified as a trade union.
** This faculty association is recognized as a trade union in its province but uses arbitration for settlement either through a clause in its collective agreement, or through legislation (Alberta).