Enacting Provisions
The Human Resources Subcommittee (the “HRSC”) is established under the authority of, and is accountable to, the National Executive Committee (the “NEC”) of the Canadian Association of Professional Employees (“the Association”). The HRSC shall function as stipulated in these terms of reference. Notwithstanding the provisions set out below, the HRSC does not have the authority to appoint, reappoint, or dismiss any employee of the Association.
1. Composition
A. The HRSC shall consist of the President, 2 Vice Presidents (VPs), the Association’s Senior Executives (non-voting) and no less than three (3) /no more than five (5) Directors (voting) of the NEC representative of the Association’s Bargaining Units.
B. The Chair of the HRSC shall be elected from the HRSC NEC members.
C. The HRSC may elect a Vice-Chair, who shall be elected from the HRSC voting members.
D. The Chair of the HRSC shall notify the NEC of the departure of any HRSC member at the next regularly scheduled NEC meeting;
E. If the HRSC membership falls below the minimum number of voting members, replenishment of the HRSC membership shall be the responsibility of the NEC.
2. Mandate
A. The HRSC advises the NEC in fulfilling its governance responsibilities with respect to human resources business for employees of the Association under sections 6.2 and 6.7 of the Constitution;
B. During exceptional circumstances, the HRSC may refer human resources matters relating to the Association’s employees to the NEC for due consideration. However, the HRSC recognizes that the President is the final level on internal labour relations matters and/or decisions.
2.1 Functions subject to the authority of the NEC
A. Subject to s.35.9 of the Constitution, review and/or make recommendations to the NEC on the total compensation for the President of the Association prior to the triennial General Elections;
B. Review and/or make recommendations to the NEC and/or President on policies governing the Association’s human resources, and any amendments thereto; and
C. Pursuant to S. 6.7 of the Constitution, Review and/or make recommendations to the NEC and/or President with advice for proposed substantive changes to the human resource complement, the Associations’ Executive positions’ job descriptions, and/or structure of the Association;
D. Review and/or make recommendations to the NEC on mandates for the negotiation of collective agreements with ESU;
E. Review and/or make recommendations to the NEC on issues referred to it by the NEC or President, and/or any other periodic reports that may be referred to the HRSC.
3. General provisions
A. The HRSC derives its authority from s. 12.1 of the Constitution to review and provide recommendations to the NEC;
B. The HRSC shall meet monthly during the year, except in the months of July, August and December and, may meet on an ad hoc basis as convened by the Chair upon request of 3 of the Subcommittee members;
C. A simple majority of the HRSC members, which shall include the Chair and/or Vice-Chair, will constitute a quorum for HRSC meetings.
D. It is expected that decisions of the HRSC will be made by consensus and that formal votes will not be frequently required. Should, however, a vote be moved, it will be decided as follows: within quorum, each voting member is entitled to one vote; 50% plus one will carry the vote. In the case of a tie, the Chair shall cast the deciding vote;
E. The HRSC shall have a calendar of business, maintained by the Chair, for the purpose of ensuring that each meeting agenda addresses responsibilities as outlined in these terms of reference;
F. The HRSC shall provide an update to the NEC at every regular NEC meeting, and as requested, with 72 hour notice, at Special NEC meetings;
G. In accordance with the practices of the Association, meetings of the HRSC shall be restricted to the HRSC members, with the exceptions of persons attending by express invitation of the HRSC Chair (or designate). Where a representative of ESU is invited, the Chair shall ask the President to extend the invitation directly;
H. In addition to the powers conferred by s. 12.9 of the Constitution, any participant in an HRSC meeting who may be in conflict of interest or perceived conflict of interest shall recuse themselves from the portion of the meeting where the matter giving rise to the conflict is discussed. Should they fail to recuse themselves, they may be asked to leave the meeting or absent themselves from the room for a discussion should they be deemed, by a majority of the subcommittee, to be in a perceived or real conflict of interest. Any refusal to comply with such a request will be noted in the minutes and reported to the NEC. For the purposes of 2.1(A) of these terms of reference, the President is deemed to be in a conflict of interest and must recuse himself or herself from the meeting or discussion.
I. The HRSC shall review its terms of reference a minimum of once every three (3) years and recommend any changes to the NEC; and,
J. The HRSC shall, within 30 days prior to the Association’s triennial General Election, prepare a hand-over report for the benefit of the incoming HRSC for transition purposes, while the new HRSC is constituted .
These Terms of Reference Approved at the NEC of March 29, 2019
