May 11, 2015 Senator Bob Runciman Chair, Senate Committee of Legal and Constitutional Affairs the Senate of Canada Ottawa, ON
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May 11, 2015 Senator Bob Runciman Chair, Senate Committee of Legal and Constitutional Affairs The Senate of Canada Ottawa, ON K1A 0A4 Dear Senator Runciman: Re: Bill C-377 − Income Tax Act amendments (requirements for labour organizations) Please find attached the submission by the International Brotherhood of Electrical Workers (Canada). We have reviewed statements and reports on Bill C-377 by several witnesses that have appeared before Senate Committee hearings and utilize some of that information in our submission. Our submission introduces your members to our organization, outlining who we are, what our objectives are, where you would find our members working throughout Canada, as well as our position and concerns with this Bill. Our objective with this submission is to assist your committee and its members on making an informed decision and giving you a glimpse of how this legislation would negatively impact our members of the International Brotherhood of Electrical Workers in Canada. Sincerely, Bill Daniels International Vice President IBEW First District – Canada Encl. BD/ln Submission to the Senate of Canada Standing Committee on Legal & Constitutional Affairs RE: Private Members Bill C-377, An Act to Amend the Income Tax Act (Requirements for Labour Organizations) Submission By: The International Brotherhood of Electrical Workers Date: May 11, 2015 Who is the International Brotherhood of Electrical Workers? The International Brotherhood of Electrical Workers (IBEW) officially began November 28, 1891, making 2013 our 122nd year as a union. The IBEW represents over 680,000 electrical workers in North America. The IBEW represents over 65,000 of those members in over 85 local unions from Coast to Coast right here in Canada. The IBEW represents workers in a wide variety of fields, including utilities, construction, telecommunications, broadcasting, manufacturing, railroads and government. We have local union offices located in all ten provinces and currently one territory. We have members working from Victoria, British Columbia, to St. John Newfoundland, and from Point Pelee, Ontario to some of the most northern and remote places in our country. We represent members that are spread across four different generations from traditionalists to generation Y, males and females, and from various backgrounds, cultures and religions. Declaration of the International Brotherhood of Electrical Workers Our cause is the cause of human justice, human rights, human security. We refuse, and will always refuse, to condone or tolerate dictatorship or oppression of any kind. We will find and expel from our midst any who might attempt to destroy, by subversion, all that we stand for. This Brotherhood will continue to oppose communism, Nazism, or any other subversive “ism”. We will support our God, our Nations, our Union. Objectives The objects of the International Brotherhood of Electrical Workers are: To organize all workers in the entire electrical industry in the United States and Canada, including all those in public utilities and electrical manufacturing, into local unions. To promote reasonable methods of work, To cultivate feelings of friendship among those of our industry, To settle all disputes between employers and employees by arbitration (if possible). To assist each other in sickness or distress, To secure employment, To reduce the hours of daily labour, To secure adequate pay for our work, To seek higher and higher standard of living, To seek security for the individual, And by legal and proper means to elevate the moral, intellectual and social conditions of our members, their families and dependents, in the interest of a higher standard of citizenship. The International Brotherhood of Electrical Workers, First District (Canada) Page 2 Where would you find our members working? IBEW members are found in various sectors across Canada. Many of our members are responsible for providing electricity to schools, hospitals, nursing homes, hotels, casinos, oil sands projects, automotive plants, ships, and airplanes. We have members troubleshooting assembly lines at hundreds of manufacturers across the country. We are the men and women who keep the lights on! We have members that are employed by NAV Canada, the Canadian Coast Guard, BC Hydro, SaskPower, NB Power, Nova Scotia Power, Manitoba Hydro, CN Rail, CP Rail, Toronto Transit Rail, Canada’s largest construction and electrical contractors, all the way down to small “mom & pop” electrical contractors across the country. We also have members working here on Parliament Hill updating electrical systems in the nation’s capital. Did you have the opportunity to watch tightrope walker Nik Wallenda make history on June 16, 2012 as he crossed high above Niagara Falls in front of a live international television audience? If so, what you didn't see that night was just how much work went into ensuring that his cable was safely secured on both the American and Canadian sides of the falls. Nik Wallenda hand selected the IBEW unionized workers to ensure that the cable he would use to cross over Niagara Falls was safely & properly installed. Putting his life in the hands of our highly trained members. Structure of the IBEW The IBEW, like many other unions, is considered a very democratic organization. Every three (3) or four (4) years, depending on Local Union by-laws, IBEW members elect their Local Union leadership for the following positions: President Vice-President Recording Secretary Treasurer Business Manager/Financial Secretary Executive Board (No more than 7 nor less than 3 members) Delegates to the International Convention The above elected IBEW Local Union members must swear by the following oath prior to officially becoming an officer of the Local Union: “I _____(Name)____, do sincerely pledge on my honour to perform the duties of my office as prescribed by the Constitution and bylaws of this organization. I will deliver to my successor in office all books, papers, and other property of this organization that may be in my possession at the close of my term. I will also deliver all such property to the International President upon his demand. All of this I solemnly promise with the full knowledge that to violate this pledge is to stamp me devoid of principle and destitute of honour.” The International Brotherhood of Electrical Workers, First District (Canada) Page 3 Delegates to the International Convention are responsible for voting on amendments to the Constitution as well as electing the following positions: International President International Secretary-Treasurer Eleven District Vice-Presidents* Eight International Executive Council Members* *Delegates are only eligible to vote for their own District Vice-President and International Executive Council Members. The above elected IBEW members must swear by the following oath prior to officially becoming an International Officer of the IBEW: “I, _____(Name)______, do hereby solemnly pledge on my honour, that I will faithfully discharge my duties as an officer of the International Brotherhood of Electrical Workers. I will support by every means within my power its Constitution, and I will enforce it to the best of my ability. At the expiration of my term of office, I shall deliver to my successor all books, papers, money and other property in my possession belonging to the I.B.E.W. or its Local Unions; and I shall not be relieved from any bond or obligation unless and until I comply with this law.” Below is a chart that visually lays out Organizational structure of the IBEW for your reference. The International Brotherhood of Electrical Workers, First District (Canada) Page 4 International Constitution — The Law of the IBEW The IBEW Constitution contains more information about the Brotherhood than any other single document. It sets forth the purpose, the philosophies, and the structure of the union; the laws by which its members are governed; and the rights and obligations of its members. It is the Brotherhood’s supreme law; but it is not inflexible and may, when necessary, be amended by action of the membership. Duties of Local Union Officers (pertaining to union funds) Elected members of the IBEW must strictly adhere to our IBEW Constitution which clearly lays out the duties & reporting procedures for financial disclosure to our members, from the Local Union elected leadership to the International President. Article XVII – Duties of Local Union Officers President Sec. 1. The Local Union President shall be held responsible for the strict enforcement of this Constitution and the rules herein and the Local Union bylaws. He/she shall be held personally liable and subject to penalty by the International President for failure to conduct orderly meetings or failure to carry out the responsibilities and duties imposed upon him herein. (f) He/she shall either appoint an auditing committee of three members, or he or the Local Union Executive Board, as the Local Union decides, shall employ a public accountant to reconcile the books and accounts of the Local Union every three months. He shall inspect the bank book or books of the treasurer to see that Local Union moneys turned over to the treasurer have been properly and promptly deposited in the name of the Local Union. In addition, he/she shall employ a certified public accountant to perform an annual independent audit of the books and accounts of the Local Union, in accordance with United States generally accepted auditing standards or their international equivalent; provided, however, should the Local Union believe it would be cost prohibitive to conduct such an annual independent audit, the Local Union can request a waiver from the International Secretary Treasurer. (g) He/she shall see that all funds of the Local Union are deposited in a reputable bank or banks in the name of the Local Union, subject to withdrawal by check signed in the name of the Local Union and countersigned by the president and treasurer, and see that no disbursements are made except on an order countersigned by the Recording Secretary and himself/herself (President) after action of the Local Union.