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HomeMy WebLinkAbout2016-07-27 Minutes SPECIAL MEETING OF THE BOARD: UNIONIZATION UPDATE July 27, 2016 Sarah Jane Williams Heritage Centre 62 Temperance Street Bowmanville, Ontario Present: B. Seto M. Adams (ED) W. Woo S. Cooke K. Warren S. Middleton Regrets: M. Morawetz O. Casimiro J. Sturdy Not Attending: S. Elhajjeh 1. Call to Order: B. Seto called the meeting to order at 7:08 p.m. 2. Unionization Update: M. Adams reported that the initial vote to unionize was held off site by staff. The consulting lawyer stated this was common practice. A 40% vote in favour is required to start moving forward with unionization and that was met. Chronology: Wednesday, June 15 2016 before the scheduled following Monday vote, M. Adams was notified that there was a 5 pm deadline for the same day, to To illuminate Clarington and its heritage through lasting and meaningful experiences with artifacts, exhibitions and programmes that inspires future generations and enlivens our community fill out paperwork regarding the Museum’s side. Also noted by lawyer as a common strategy. M. Adams and the consulting lawyer, Michael S. Smyth of Hicks Morley Hamilton Stewart Storie LLP, Toronto, met with the union facilitator in Toronto to go over two points: 1) who is considered to be part of the management of the museum? - determination: Curator is management along with Executive Director. Programmer is less clear but the lawyer advised that this position be given up to the union with the stipulation that the job description will be reworked and may not always fall into that category (the lawyer has minutes on this meeting) 2) what is the official name of the museum for paperwork reasons? - determination: Clarington Museum & Archives The process that has been followed has been accepted as the correct course by the municipal HR department. S. Cooke stated that the whole board, not just the executive, should be part of all communication regarding the union from this point forward. Consensus. B. Seto confirmed that the executive was notified promptly by M. Adams when he received notification June 15, and stated that she thought it was appropriate that a board meeting not be called until the vote of union certification took place. It was noted that O. Casimiro had requested a meeting prior to the vote. Chronology Continued: M. Adams continued to review timeline of all activity. As noted, Wed June 15 he was notified and responded with an email to the executive and with required paperwork prior to the 5 pm deadline that day. M. Adams stated that he agreed with the discussion at this meeting that the whole board should be part of the communications regarding the unionization application and process, and in future would notify all board members along with executive regarding this matter, but had proceeded June 15th as directed by Chair, B. Seto. Monday the vote took place as prescheduled. Thursday at the regular staff meeting, M. Adams addressed what a union is in a prepared statement of facts provided to him by the consulting lawyer. Board members also received a copy of this communication by email (attached). Next Steps: Process is to have a negotiation meeting at which time the union can state what demands are being presented. Consulting lawyer advised M. Adams that he needs a mandate from the board to set up the bargaining team. No meeting date with the union has been determined at the time of this special meeting of the board. W. Woo presented a paper drawn up by the Municipality HR department in consultation with the Municipality Solicitor. Moved by: W. Woo Seconded by: S. Cooke THAT: Municipal Staff and Legal Counsel, Hicks Morley, be requested to meet with the Executive Director, and thereafter provide advice to the Clarington Museum Board respecting the implications of the Union Certification and the appropriate steps to be taken going forward; and THAT: any documentation provided to the Museum Board respecting such matters be provided to Municipal Council and the Municipal Clerk. MOTION CARRIED 7:36 pm W. Woo circulated the OLRB Certification Notice (OLRB Case No.: 0746-16- R) (attached) that Council received but had not been informed about beforehand by M. Adams, in an effort to point out that not everyone (board members and members of Council) was apprised of the unionization. He restated that we must be more proactive in making sure all of the board and the municipality is informed at the same time on matters of this importance. W. Woo, at the request of S. Cooke, checked the bylaws to see what positions on the board also sit as the executive for the Museum Board. It was determined that there needs to be 2 members from the board appointed to the executive at this time, and also noted that vice chair is still to be elected and would also sit on the executive. Discussion followed on potential items of staff concern. B. Seto asked how frequently staff meetings are held, and when discussions regarding maternity leave coverage and expectations afterward were had. M. Adams stated that he held a meeting with staff members before any duties were altered to help cover tasks during maternity leaves, and that staff were aware that their hours and pay would return to original rates after the maternity leaves were over. They were also told that he would sit down with them again after the term, for discussions. M. Adams reminded board members that any job description changes must be approved by the board. S. Middleton asked if part time staff have a benefit system in place or if anyone working part time might have qualified for them due to number of hours worked. His concern was if any were overlooked when or if benefits could have been awarded. M. Adams stated that he has kept assignments within allowable hours. M. Adams requested that someone from Municipality HR be at the first meeting with the union. All present agree. Upcoming Meetings and Expectations of M. Adams and of Board Members: 1) M. Adams will meet with Municipality Solicitor & Legal Depart. 2) M. Adams will follow up with update to Board members. 3) A formal board meeting will be called to decide who will attend the negotiation meeting with the union. 4) Union meeting will take place with M. Adams and determined team to hear the demands. M. Adams brought forward the bill for fees from the consulting lawyer thus far, due end of August $5179.36. Rate is $515/hour with estimated total by end of the process at $8000. M. Adams was directed to pay the current bill. M. Adams will email the board the confidential email from the lawyer and the Q&A sheet that he had drawn up for M. Adams to present to the staff at the meeting held just prior to the vote. (both attached) S. Middleton requested that the next “emergency” meeting be specified as such rather than “special” so that all members of the board are aware of the importance of attending if at all possible. Motion to adjourn by K. Warren at 9:11 pm. Minutes for the meeting of the Clarington Museum and Archives Board have been accepted and approved on _________________________________________ _____________________________________ _______________________________________ Chair, Executive Director, Clarington Museums and Archives Board Clarington Museums and Archives