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