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Executive Board Confirms Proper Interpretation of By-laws (Union Dues)

Jun 10, 2010

At its most recent meeting in Quebec City, the Executive Board considered the correct interpretation of By-law Article IX, Section 6 (Union Dues) in light of the recent arbitral award on classification in NAV CANADA.

The By-law currently states that all members must pay “1.4  percent of top monthly  salary  in each member's grade or level”. A strict application of this by-law would theoretically require a retroactive collection of dues from a small group of NAV CANADA members without any corresponding increase in pay because the new maximums take effect on September 1, 2009.

The Executive Board considered this problem and concluded the by-laws were never intended to be interpreted in this way.   After a careful review of the by-law and the Local’s past practice, the Executive Board reviewed concluded that the words “top monthly salary” would be interpreted to mean the top monthly salary once the collective agreement has been implemented.

The Executive Board further considered the issue of retroactive salary payments and confirmed that members receiving retroactive payments would be required to pay 1.4% of the retroactive payment as union dues.  Again, this is consistent with the Local’s past practice for both Federal Government and NAV CANADA members.

The full text of the motion will be included in the Executive Board’s report to members.

In solidarity,

Daniel J Boulet

Business Manager / Financial Secretary