Special General Meeting And Petition
December 22, 2010
Since the mailing and posting of the December 20, 2010 notice of a Special General Meeting to be held on January 5th, we have received a number of inquiries as to why such a meeting was called.
A petition relating to the expedited bargaining process was delivered to CAPE’s national office on December 13, 2010. This petition was signed by 51 members in good standing.
Section 30 of CAPE's Constitution requires that a special general membership meeting be called within 30 days if the national office receives a petition with the signatures of at least 50 regular or pending members. CAPE's President and National Executive Committee have no discretion in the matter. As a result, CAPE has no choice but to have a special general membership meeting to discuss the matters raised by the petition.
The petition raises the following matters: it argued that CAPE should refuse Treasury Board's offer of an early return to the bargaining table; it argued that CAPE should not negotiate concessions on severance pay or any other aspect of our contracts; and it argued that decisions about the fate of collective agreements negotiated by CAPE should be made after informing members and getting direction from members.
According to CAPE's Constitution, CAPE's bargaining committees are responsible for making such decisions. CAPE's EC and TR bargaining committees met on December 8 and 9 and decided, further to membership input requested by CAPE, to reject Treasury Board's invitation to meet early at the bargaining table. Paramount in the decision was input from members arguing that CAPE should not make concessions on severance pay.
The purpose of the special general membership meeting is limited to discussion or whether CAPE should refuse Treasury Board's invitation to meet early, which it has; discussion of whether CAPE should refuse to go to the table early to negotiate severance, which it has; and discussion of whether members should be consulted, which they were.
Again, pursuant to the CAPE Constitution, CAPE has no choice but to hold a special general membership meeting to discuss the matters raised by the petition. A special general membership meeting has no executive powers.