+ All Categories
Home > Documents > Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 ›...

Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 ›...

Date post: 07-Jul-2020
Category:
Upload: others
View: 1 times
Download: 0 times
Share this document with a friend
25
147 Research & Compilation Exploration MANUAL 2016 Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé NPF National Police Federation . . Questions & Answers facts facts straight from the sources. questions answers INFO Your Their WRITE UP
Transcript
Page 1: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

147

Research & Compilation ExplorationMANUAL 20

16

Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé

NPF

National Police Federation

. .

Questions & Answers

facts facts

straight from the sources.

questions

answ

ers

INFO

YourThe

irWRITE UP

Page 2: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

Contact us [email protected] www.membersunited.caExplorationCollective BargainingMANUALRCMP

2016

148

March 18th and 19th, 2016, I David RIBEIRO interviewed Eddie MacDonald, Peter Merrifield and Brian Sauvé. During this telephone conference I learned the following:

NPF Interview

1

2

3

How did you become president or leader of your group? A: At the present time, we’re operating as a co-chair management committee, consisted of : 1. Eddie MacDonald;2. Peter Merrifield; and 3. Brian Sauvé. Following certification, all members will be afforded the opportunity to select a leader and directors of the group. The selection is not limited to Eddie, Peter and Brian. Any member in good standing with the NPF can stand for the board of director or the executive director.

What is your current salary/allocated expense budget with your group? A: The Board of Directors of NPF are volunteers who are using their time as well as their Annual leave to organize the NPF, in order to avoid being a subject of a Code of Conduct.

In order to complete all of the administrative requirements we have asked Brian Sauvé to take a LWOP.

We are supporting his regular rate of pay and pension contributions. This is captured in a contract with the interim board of Directors.

This will be detailed in an employment contract with the NPF and approved by the other members of the board of directors.Equal to a Sergeants pay plus the contributions.

Once your group represents the RCMP membership, would we be allowed to vote for a different president, if yes, how soon will that be? A: Yes, It is the position of the NPF (It will also be written in our constitution, which will then be adopted by our membership) that once certified, the first meeting of the members will be convened where all members will have the opportunity to elect the members of the executive board including the president.

(Continued on the next page)

Page 3: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

149

Research & Compilation ExplorationMANUAL 20

16

4 How often will elections for president happen and who can vote during those elections? A: This is still subject to the final business model adopted by the membership, an annual meeting of all members will be convened and pursuant to the terms defined in the constitution all members will be able to vote for their president and executive board. However, depending on the terms of office (perhaps 2 or 3 years) there may not be vacancies in each position at every annual meeting. Normally, for business continuity and corporate knowledge purposes, it is not advisable to have all board positions up for election every year. Also, written in our Constitution, is the process of removal of an executive board member. All this is based on industry standards for bargaining agents in the Federal Sector and will be clearly defined in the Organization’s constitution. That being said, and consistent with our objectives, we’re looking at many options to garner the input of the membership. These options include electronic voting, web casts and virtual attendance at meetings for example: We want engagement from the membership, to provide the NPF guidance on that to pursue and what is affecting the membership day to day.

5 How much will the salary of the president be once your group is representing the RCMP membership? A: This is yet to be determined. We’re of the belief that appropriate compensation is required and will be reflective of industry compensation models. After carefully considering the compensation structures for Police leaders in other organizations, the Board of the NPF will determine the appropriate rate. This may be somewhere in between $100,000 to $150,000. This is still to be determined negotiated and presented to the membership.

This will not happen overnight but within 6-9 months of certification - simply due to logistics of setting up such a meeting.

Page 4: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

Contact us [email protected] www.membersunited.caExplorationCollective BargainingMANUALRCMP

2016

150

6 How much is the estimated cost to get your group up and running with offices around Canada?

(This included infrastructure, estimation overall. Impossible to give a precise number however an estimation is expecting or if no estimation, what will you need to establish in order to represent us properly.

Offices, vehicles, phones, servers, staff, utilities, rent, insurances, techs, computers, supplies etc.) A: This is uncharted territory, no one has ever done what we’re trying to do.However, in an effort to be as transparent as possible, we envision starting with 2 main offices after certification.

One West and one East. Within those offices would be our admin support, Legal staff, grievances staff as well as general member assistance staff.

In addition to those offices, anywhere from 30-45 (yet to be determined) full time representatives across the country in different Divisions.

Based on the above, a cautiously optimistic budget for year 1 would be around $12-14 million - keeping in mind that is a fluid and dynamic number based solely on the fact of all the unknowns.

Vancouver area and Ottawa area.

The above is solely an estimate - after year 1, it is possible we would need further expansion, perhaps with sub offices based on volume of work or geography.

We wish to emphasize, as well, that organizational structure will be a key issue for the first Board of Directors, following, we anticipate, a very throughout evaluation of needs of the membership and models of Police Associations from around the world.

March 18th and 19th, 2016, I David RIBEIRO interviewed Eddie MacDonald, Peter Merrifield and Brian Sauvé. During this telephone conference I learned the following:

NPF Interview

Page 5: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

151

Research & Compilation ExplorationMANUAL 20

16

7 Who can run for the executive directors and president, when will elections occur and who can vote? A: Once certified, the first meeting of the members will be called - all can vote and, subject to the terms of the adopted constitution all can run. It is yet to be determined but many police associations place a restriction such as a minimum of 3 years of service to be eligible to put your name forward as a member of the executive board.

8

9

When was your group founded and where are your physical offices at this time? A: The group was founded March 2016 and was incorporated as a non-profit corporation. At present, to keep costs to a minimum, we operate virtually. Brian Sauvé, Peter Merrifield and myself (Eddie MacDonald) all work on this in our spare time for now. Once Brian Sauvé goes on leave without pay, he plans to operate out of an office in his home. For corporate, strategic and banking purposes, we have our mailing address in Ottawa, Ontario. Mailing address is our lawyers office.

Who is currently within the hierarchy of your group and what are their roles? A: As I (Eddie MacDonald) answered earlier, we have 3 original members. Myself, Eddie MacDonald; Peter Merrifield; and Brian Sauvé. There is also space for 10 other members to be directors on our board, those positions are located across Canada. Of note is that we are trying to create an inclusive organization that has the best chance of success in representing members of the RCMP. For example, one of our VP’s, Peter Merrifield is formerly of MPAO. We have also reached out to current and former members of MPPAC and AMPMQ to join us.

Page 6: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

Contact us [email protected] www.membersunited.caExplorationCollective BargainingMANUALRCMP

2016

152

10

11

12

How much are members expected to pay in dues? A: This is also uncharted territory. It has never been done on this scale in any police agency in Canada. However, most police associations are in the area of 1.2% and 1.8% of a First Class Constable salary. We’re cautiously optimistic that the scale (size) of the NPF will allow us some cost savings and due to that we will be able to operate between 1.25% and 1.5% of a First Class Constable salary. However, this remains to be established by convention action.

How many RCMP members does your group represent at this time? A: We haven’t officially launched yet, we’re planning on opening the doors to allow the members to join us during the week of March 20th. Those interested to know more about us, or would like to join they can go to our website. We have 8 members in our membership. (1)Brian Sauvé, (2)Eddie MacDonald, (3)Peter Merrifield, (4)Tim Chad, (5)Dennis Miller, (6) John White, (7) Jolene Garland and (8) Richelle Daly. We are committed to transparency, we are building this together standing side by side with the members of the RCMP. We will open our virtual doors soon.

What experience in, labour laws and member representation with the RCMP policy do you have? A: Extensive, as we have been representing members of the RCMP with all of the processes within the RCMP as well as policy oversight. John White, President of MPAO and a member of the CPA Board of Directors.

Pete Merrifield, Past President of MPAO, former CPA Board of Directors and a SRR - John White and Pete Merrifield were heavily involved in bringing about the MPAO Supreme Court Legal challenge to allow members to associate and were also 2 of the 7 original founders of MPPAC. (Continued on the next page)

March 18th and 19th, 2016, I David RIBEIRO interviewed Eddie MacDonald, Peter Merrifield and Brian Sauvé. During this telephone conference I learned the following:

NPF Interview

Page 7: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

153

Research & Compilation ExplorationMANUAL 20

16

We have opened our doors to subject matter experts from within the RCMP and external, with many years of labour relations experience. These include former SRR’s, Member Representatives (lawyers), Professional Standards experts as well as Health, pay and staffing experts. In addition to our board, we have created a non-voting executive advisory board - made up of credible and professional people from all sorts of professions - such as Lawyers, Accountants, parliamentarians, former Chiefs of Police etc. We are of the belief that this advisory board can assist in the decision making process for the Federation as it heads down uncharted territory. We have made a bigger umbrella for many to become involved with the NPF. The level of expertise in the NPF is vast, has a great understanding of all RCMP policies, directives, processes, our employers guidelines and directives as well and we are members for members in the 21st century RCMP. Who else is involved in the NPF? John White; Tim Chad; Jolene Garland; and Richelle Daly. Who are the former SRR’s? Eddie MacDonald; ( approx. 9 years srr) Brian Sauvé; ( approx. 4.5 years srr) Peter Merrifield; and ( approx. 3 years ) Dennis Miller. ( approx. 2 years ) Who are the Member Representatives (lawyers?) John Phillips - Lawyer. Who are the Professional Standards experts? Our former SRRs, our advisory council lawyers, and our advisory council police labour and professional standards experts. Who are the Health, pay and staffing experts? Our Board has former chairs, such as a Chair of the Health Committees with the National Policy Centres. As well as 3 of us have had a seat at the National Policy Health and Safety Committee, which is a legislative requirement under the Canada Labour Code (CLC). (Continued on next page)

Page 8: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

Contact us [email protected] www.membersunited.caExplorationCollective BargainingMANUALRCMP

2016

154

March 18th and 19th, 2016, I David RIBEIRO interviewed Eddie MacDonald, Peter Merrifield and Brian Sauvé. During this telephone conference I learned the following:

NPF Interview

Who’s in the advisory board and why? John Phillips, lawyer in labour, employment and litigation practice. One of the Partners of the Law Firm that filed the MPAO Constitutional challenge

Peter Ratcliff, former President of Edmonton Police association and Board of Directors at Canadian Police Association, very experienced in Police Collective Agreements and bargaining.

Dale Kinnear, former Director of Labour Services for the Canadian Police association and former Executive of the OPPA, One of the most respected Police Labour experts in Canada.

Dr Johnathan Douglas, Psychologist, President of the Ontario Psychological Association and specialist in the field of trauma treatment for emergency first responders and military veterans.

Dr Georgia Nemetz, Psychologist - runs the Nemetz Psychology Clinic in Vancouver British Columbia

Steve Walker - retired SSGT with the RCMP - Sits on the Pension Advisory Committee and an expert in the Pension field Retired rcmp s/sgt. Murray Brown (expert in the health side of things and veterans affairs). Retired RCMP s/sgt. Steve Walker (Pension expert, he assists in the pension advisory committee). The remainder of the advisory board members may be currently undergoing conflict of interest checks with their employers or partners in order to be named publicly.

At this time we have their promise and support, however we must respect the conflict of interest checks before naming anyone publicly. We are working on several other high profile individuals who haven’t been able to get back to us at present due to reviewing conflict of interest protocols, with their other employment and responsibilities.

Page 9: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

155

Research & Compilation ExplorationMANUAL 20

16

13 What are the requirements for someone wanting to be in the board of directors? A: The only requirement being considered at the moment is a minimum level of service in the RCMP - 3 years is being considered as the minimum threshold to be eligible to be on the board of directors. This will all be determined by the founding convention and set out in the constitution.

14 What is your service with the RCMP A: The interim lead members/representatives have between 12 and 35 years of service with the RCMP. Eddie MacDonald joined the RCMP in 1981 and has been with the RCMP for 34.5 years. Peter Merrifield joined the RCMP in 1997 and has been with the RCMP for 19 years. Brian Sauvé joined the RCMP in 2004 and has been with the RCMP for 12 years. All three members have dedicated most of their careers to advocate and fight for the fair treatment and rights of members. Peter MERRIFIELD was one of the original persons who initiated the battle for the right to associate and believes that some of the misconceptions that the SRR program fought against it, is inaccurate. Peter MERRIFIELD stated that he and many other former SRR members have been fighting day and night on behalf of members, although Peter MERRIFIELD cannot speak to the actions of other members, he is able to speak for his own. Peter MERRIFIELD stated that he’s willing to be transparent and answer any questions or concerns member may have. Editor’s note: I allowed MERRIFIELD to speak about the SRR subject, due to the requirement of clarification on this subject. Questions related to the SRR was not added as the SRR program is finished. However, if you have questions or doubts about any actions, I am sure Peter Merrifield will help you get the answer.

Page 10: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

Contact us [email protected] www.membersunited.caExplorationCollective BargainingMANUALRCMP

2016

156

15

16

What is your current status with the RCMP? A: The interim lead members in the NPF are serving regular members. Eddie MacDonald : Active member of the RCMP; Peter Merrifield : Active member of the RCMP; and Brian Sauvé : Active member of the RCMP.

Why is your group the right group to represent us? A: We strongly believe that the reason why we’re the right group to represent the membership, is not only because we’re solid and experienced in the field of fighting for the rights of the members.

We also understand that we must be flexible and receptive of expert opinions and members input. This is about proper representation, and that cannot be achieved without collaborative participation of the membership, experts and the board of the association.

We believe in collaborative bargaining, however we’re prepared to strongly challenge management in a professional manner while upholding the values, image and respect of the members of the RCMP.

The leaders in this group are passionate, principled and results driven. We will provide you with the most passionate, principled and purpose driven representation all the while striving to ensure that your pay, safety, benefits and dignity is equal to (or better than) other Law Enforcement Agencies within Canada.

We will strive to get your pay & benefits back to one of the top in Canada. We have many contacts within the political arena which we will utilize to better our position during and prior to any collective bargaining.

The NPF will provide equal representation for all contact and non-contract regions of the RCMP.

March 18th and 19th, 2016, I David RIBEIRO interviewed Eddie MacDonald, Peter Merrifield and Brian Sauvé. During this telephone conference I learned the following:

NPF Interview

Page 11: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

157

Research & Compilation ExplorationMANUAL 20

16

17 What experience do you and others in the association have in representing members in terms of labour negotiations? A: Between Brian Sauvé, Peter Merrifield and myself (Eddie MacDonald), we have a number of years of experience in the area of Labour relations and negotiations.

Brian Sauvé has 9 years as a Sub Rep and SRR. He has chaired a national committee in trying the fiscal times and maintained the benefits for the members he has also acted as the chair of the Mounted Police Members Legal Fund.

Myself (Eddie MacDonald) has represented member his entire service, but has for the past 16 years worked in an official capacity as a Sub Rep and SRR.

I have chaired in a national committee and I have been heavily engaged in the evolution of the RCMP labour relations. I have been successful in challenging management all the way up to the Commissioner of the RCMP.

Peter Merrifield was the previous president of the MPAO, one of the members who brought the initial MPAO court challenge to give members the freedom of association/choice.

He has been involved for the past 13 years as a member of the MPAO and more recently as an SRR.

In addition to the above, we have engage one of the top Federal Sector Labour law firm called Nelligan O’brien Payne to assist us through the certification process and if successful, assist us in the negotiations of a collective agreement for members of the RCMP.

Beyond that, we believe we have surrounded ourselves with subject matter experts in many areas such as RCMP discipline, pay research, benefits, pensions and the legislative process, only increasing our ability to represent members in labour negotiations.

We continue to expand our network to include major police organizations across Canada and internationally.

(If specifically speaking, we cannot disclose the names of persons who may be helping us in the background. As we don’t want to risk our goals by disclosing names.)

In this way we aspire to create an organization that will have an influential voice on all issues involving policing.

Page 12: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

Contact us [email protected] www.membersunited.caExplorationCollective BargainingMANUALRCMP

2016

158

18

19

Our salary, is there any expectation of change? (If we’re expected to pay $100 per month, are we getting a $100 pay increase just to cover that cost? Are we going to fight for more? Although it is tax deductible, we won’t get $100 per month back) A: Pay parity with other police forces is a priority (but not only priority).

Based on Pay council reports, RCMP members are now close to 12% behind the average of their comparator police forces in total compensation. This is a result of the Federal government’s (Expenditure Restraint Act 2009), which placed members in an essential pay freeze for the past 7 years.

We are keenly aware of the many priorities, including pay - however, we do not want to make sacrifices regarding benefits in order to simply achieve pay parity.

It is our strategy to engage the membership on numerous levels such as electronic voting, surveys and engagement with their local workplace representatives to determine what their local priorities are.

Keep in mind, we are geographically diverse and there are a myriad of concerns across the nation and across business lines - all must be considered.

What will eventually look like after negotiations of the first collective agreement for members of the RCMP - no one can predict.

We would like to say that we will get everyone a 15% raise but that would be misleading. However, pay is one of priorities.

Will seniority be the principal deciding factor on promotional and opportunities processes? (We all know that experience does not come with seniority, a member can simply do the basic requirements without advancing his personal professional career by developing his/hers skills in a particular area. So a member who never or has very limited exposure to a certain type of investigation, suddenly decides to apply for a new position that came up, will their seniority trump another members extensive experience with that section? Or will the seniority trump common sense and automatically be given to the member with more seniority?) (Continued on the next page)

March 18th, 2016 at 1520hrs I David RIBEIRO had an interview with Eddie MacDonald and Brian Sauvé during that meeting I learned the following from both members:

NPF Interview

Page 13: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

159

Research & Compilation ExplorationMANUAL 20

16

20

21

A: Unequivocally, no. It is our position that the best person (subject to eligibility to compete) get the job in any competition in a fair and transparent staffing process. However, as an organization entirely independent from the employer, with the rights that come as a certified representative, we will be able to effectively challenge employer decisions where it hasn’t conducted a fait and transparent staffing process.

Will the PARE become mandatory for members to complete it under the required time? A: Although we accept that the PARE is a good indication of a member’s ability to do police work, as it is a method to assist in gauging a member’s overall physical health, we are only aware of one police organization in Canada that has a fitness require on an ongoing basis ( Edmonton Police Services). It is our positon that the present requirement of needing to complete the PARE (Not pass, just complete) is adequate.

What are your vision to changes within the policing of the RCMP? A: It’s hard to pin this down to one specific issue.

However, there have been many intendent reports over the past decade that has a common finding - resource levels. Inadequate resource levels create burnout because members cannot take AOL, are forced to work extended hours and essentially have no work/life balance.

It is clear to us that the RCMP is understaffed and many members are overworked. The simplest solution would be to hire more members, which brings with it any number of issues such as :

Depot capacity, recruiting unit staffing and health services capacity. This also leads to the attractiveness of the RCMP.Are we the most attractive police force in the country?How do we attract the best and brightest of the Canadian people?

Clearly, this will be a complex issue to collaboratively solve.

However, we are not limited to the above. One of the great benefits of an independent member organization is the ability of the members to approach us to speak openly about their workplace experiences. Members will truly be able to speak with someone about their issues without fear of reprisal.

One of the principal roles of our organization will be to give voice to our member’s concerns.

Page 14: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

Contact us [email protected] www.membersunited.caExplorationCollective BargainingMANUALRCMP

2016

160

22 What is the budget and how much investment is currently needed? A: We cannot speculate at this time, but we have prepared a business plan that we’re working on with estimated costs, as we have said previously this is unchartered territory. We will answer to every single member that joins the National Police Federation.

So once a member registers with the National Police Federation they will be a stake holder, as well as a member, and we will disclose all the details accordingly.

We understand that members want to know and we believe that this will be an expensive venture, specially due to the geographic nature and diversity and contracted timelines we’re dealing with, May 16th is fast approaching.

Because of those factors, we have reached out to many police associations for their professional guidance and financial assistance. This how we see our future Organization’s

Structure: Accountable to members

Accountability to our members through strict governance and transparency. We are incorporated unlike other groups seeking support which requires we file CRA reporting.

To achieve this, we have a professional accounting firm to maintain our books, banking and expenditures.

To oversee this, we have contracted Deloitte Touche (now Deloitte’s Canada) to perform audit function of the National Police Federation. Further to this our advisory council oversees our governance and provides advice as well as a large “network of connections” to the NPF which benefits all members.

We are functioning on an interim Co-Chair Management Board to permit voices to be heard democratically.

We believe the membership of the NPF must play a hand in electing their Board. Simply putting your hand up to volunteer should not make you qualified to organize such an important effort.

The diverse experience of our board includes members who handled RCMP member issues including: (Continued on the next page)

March 18th and 19th, 2016, I David RIBEIRO interviewed Eddie MacDonald, Peter Merrifield and Brian Sauvé. During this telephone conference I learned the following:

NPF Interview

Page 15: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

161

Research & Compilation ExplorationMANUAL 20

16

24

23

Will members have a say on how the money is spend in your group? A: The NPF is a non-profit corporation under the Not for Profit Corporations Act in Canada and hence has audit requirements that need to be met.

These financial statements will be made available to all members.Regarding day to day operations, it would be difficult to operate if all members needed to be consulted for any and all expenses, however, for larger expenses, such as litigation against our employer, an electronic vote or ballot is not out of the question.

On the daily operations of the organization, including its elected representative and staff, we commit to having detailed operating policies that define boundaries around spending and accountability. We share our members concerns that spending the assets of the organization have to be transparent and responsible.

Will arbitration be done without management interference? A: There are two kinds of arbitration:

Interest arbitration ( which sets the terms of the collective agreement); and

Rights arbitration ( which resolves disputes over what those terms mean).

Both types of arbitration are legally protected practices performed by independent arbitrators or, on occasion, three-person arbitration panels.

Arbitrators decide cases without management or Federation interference - They are independent from both parties.

The reason contract negotiations go to arbitration is because negotiations have failed or reached an impasse. In the event we cannot reach an equitable collective agreement, the Federation will push for the best possible result through arbitration - and the arbitrator will examine the case impartially and without management interference.

code of conducts, harassment, grievances and collective members’ issues. We clearly understand the new processes in place since 2014 and have worked successfully in those processes on behalf of members.

Our board members have also lobbied Government, appeared before Parliamentary Committees, worked with Police Labour advocacy groups, and worked hand in hand with the Canadian Police Association.

The broad experience of our Board brings invaluable internal RCMP representation and process experience, coupled with external activities for RCMP members’ rights and police association as well as private sector business and management experience.

Page 16: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

Contact us [email protected] www.membersunited.caExplorationCollective BargainingMANUALRCMP

2016

162

25

26

Will there be sub-reps around the country for members to have a person of contact? A: Yes. The number of work place representatives remains to be established - simply due to the geographic nature of the RCMP. As for full time representatives, a “# of members/representatives” formula is being looked at.

In many police agencies this formula is somewhere near 1 local workplace rep per 125 members. Again, we will need to thoroughly examine the geography to ensure all members have access to timely and adequate assistance.

How will the sub reps work? A: In the police world, local work place representatives are elected to a terms (usually 2 to 3 years) and are provided paid time away from work to complete local union/federation business. This is sometimes done via an honorarium/stipend (cash payment) or in Lieu Time Off written into a collective agreement.

March 18th and 19th, 2016, I David RIBEIRO interviewed Eddie MacDonald, Peter Merrifield and Brian Sauvé. During this telephone conference I learned the following:

NPF Interview

27 How much staffing will your group require in order to operate? A: We believe that we have an opportunity to provide better service than ever before for members of the NPF - What number of full time versus part time representatives that is unknown at this time. However, as mentioned with the part time workplace representative, most police agencies use a “# of members/representative” formula, for full time representatives that is usually about 500/1 which would equate to about 35 full time representatives of the RCMP. We must also be mindful that geography is not on our side. In addition, there are certain professional tasks ( Accounting, legal, internal HR management, etc.) that may be less expensive if NPF hires full-time staff. NPF is committed to using the most cost-effective model for providing high-quality service for RCMP members. Suffice to say, the National Police Federation is committed to strong member representation, both individual and collective - What that ration looks like, remains to be seen and there will be a member engagement as well as modifications (based on workload and case volume) along the way.

Page 17: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

163

Research & Compilation ExplorationMANUAL 20

16

28 What are their salaries? A: This has yet to be determined. It is a reality that union/federation representatives/executives, face challenges by management if/when they return to active duty after their term in the union/association. Simply because of that, it is common in the union/federation world for those that take on full time jobs (representatives or executives) have to be compensated for their sacrifice they make to their career. Some examples would be the Vancouver Police Union, pays their union president at 140% of a First Class Constable salary whereas the Halifax Police Association pays their entire full time board at the Superintendent rank’s salary. In addition, keep in mind there is no overtime for full time union/federation representatives and these members/employees are disadvantaged financially simply due to that reality. What the compensation framework for the NPF’s employees and representatives is still under discussion. This is not to say we seek or need exorbitant pay - quite the contrary, we believe that members and their representatives need to be fairly compensated, being mindful of the sacrifices made by all involved in the short and long term. These rates will be carefully reviewed by the NPF’s board of directors.

29 How important is member’s mental health in your agenda and how are you planning on showing that? A: Mental Health is a priority, one of our top 5 items. There are so many items that are interrelated - Pay, Resource Levels and Staffing which are all linked to burnout. This directly affects resilience and mental health. We will be preparing an action plan on this subject matter.

30 How can we ensure that any promises made during the campaign period are followed thru and acted upon after your group is representing the RCMP membership? A: We are committed to upholding the core values of the RCMP as our own augmented by the best practices of police employee organizations worldwide.

In our website, our priorities and action plans will be posted, and updates will be added as we move along. If we are not able to attain a goal, we will openly communicate this to the membership with explanation.We believe in transparency and strive to be the national collective voice on behalf of members.

Should the membership not be satisfied with the effort of the NPF, our constitution provides for the ability to remove directors on votes of non-confidence. Of course the Constitution will provide for regular elections at which the members will decide on their representation.

Page 18: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

Contact us [email protected] www.membersunited.caExplorationCollective BargainingMANUALRCMP

2016

164

March 18th and 19th, 2016, I David RIBEIRO interviewed Eddie MacDonald, Peter Merrifield and Brian Sauvé. During this telephone conference I learned the following:

NPF Interview

31

32

What recourse will the membership have if you don’t follow-through with your promises? A: This is a pivotal, if not a historical time for the membership of the RCMP - never before has organized labour been able to certify a bargaining agent for Canada’s National Police Force. That being said, the NPF wants to do this right. We have engaged some of the best labour lawyers who have been through this process with numerous other first responder groups (Police, EHS and Fire) as well as who currently represent some of the larger Federal Public Service unions. So, we are making sure our Constitution and Bylaws reflect the latest in labour law to protect the interests of the membership while also complying with the latest developments from the Public Service Labour Relations Board. All that to say - our Constitution and Bylaws will be transparent and reflect the latest requirements to uphold members’ rights.

Who would be coming out to assist a Member(s) at the most critical of times?

The assumption being we are talking about a critical incident such as a shooting or use of force incident where a member can face criminal jeopardy. A: In those instances, it is the position of the National Police Federation that full time representatives will attend in person. That being said and taking into account the geographic nature of Canada, those full time representatives may be delayed due to travel time and will be assisted by part time local workplace representatives in the first instance.

While representatives travel to our members, we commit to using our best efforts to keep lines open to our members in need.

Outside of the global issues like pay and benefits, who will be coming to assist a Member when they are facing the most jeopardy and are in need of experienced representation, support and guidance? A: Again, assuming we are talking about critical incidents such as use of force, then full time representatives – it is probable that a part time workplace representative may be the first one at scene to assist but followed up by a full time representative. (Continued on the next page)

Page 19: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

165

Research & Compilation ExplorationMANUAL 20

16

We already have relationships with some of the best criminal defence attorneys all across the country – all on speed dial, available 24 hours a day for initial consultations with impacted members in use of force scenarios. How long will it take them to get there?A: This is a difficult question to answer, simply based on the geographic diversity of Canada. In the Calgary/Edmonton area for example, a full time representative’s response time could be 1 hour or less, but in Pukatawagan, Manitoba, could be 20 hours. Hence we will need to have dedicated work place representatives who are willing to respond to these incidents 24 hours a day, 7 days a week, 365 days in the year. In the absence or the delay of a full time representative. If this falls down to a job steward who is doing this role off the corner of their desk, then we have a problem. Given current resources etc., it is highly unlikely anyone will be coming in person in this case. Who will be “allowed” or able to attend some 28+ conduct meetings in their spare time? And effectively? How many “stewards” will be available in each Division or per how many Members? I fear a 1-800 number is in our future, a human representation and presence is very important, wouldn’t you agree? What’s the plan for this?

A: If this falls down to a job steward who is doing this role off the corner of their desk, then we have a problem. Given current resources etc; it is highly unlikely anyone will be coming in person in this case. Who will be “allowed” or able to attend some 28+ conduct meetings in their spare time? And effectively? How many “stewards” will be available in each Division or per how many Members? I fear a 1-800 number is in our future, a human representation and presence is very important, wouldn’t you agree? What’s the plan for this? A: It is the NPF’s position that conduct meetings will be attended by full time representatives or internal counsel in all cases unless the subject member is more comfortable with someone else. It is also common in police associations to have local work place representatives (or shop stewards) provided compensation or time away from work – written directly into the collective agreement – to be able to assist in these matters.

The only cases where the geography of Canada comes into play is the immediate need for response and assistance (conduct meetings are normally scheduled in advance) – which is usually in a use of force situation where the member faces criminal jeopardy – in these cases, it is also our position that full time representatives attend in person but due to travel time, may need to have a part time representative assist in the interim.

Page 20: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

Contact us [email protected] www.membersunited.caExplorationCollective BargainingMANUALRCMP

2016

166

33

34

35

What steps have you taken/will you take to obtain approval of the necessary 40% of members to bring about a vote on representation? (How do you physically plan to do this? What is your communication strategy? A: We have developed a strategic plan that will be implemented shortly. We’re confident that we will be able to reach the membership and attain the votes.

Do you have any previous labour relations or employee representation experience from outside the RCMP? A: Yes, both John White and Peter Merrifield have been at the board of directors of the CPA and have taken advantage of the learning opportunities from a number of other police associations in their bargaining and collective agreement processes.

We also rely heavily on our advisory council experts who have been involved in numerous police labour processes and collective bargaining agreements.

Dale Kaneer and Peter Ratcliff have personally led bargaining units, obtained successful collective agreements and bring a wealth of experience in these fields.

Our legal advisors have also sat on collective bargaining unitsand round out the collective experience to bring about a solid Collective Agreement as we move forward.

Communication is very important, what are your group’s status in terms of communications with RCMP management? Would you consider it to be good? If so, why? A: At present, we would say our relationship with RCMP management is excellent. However, we are not a certified bargaining agent as yet and management can legally refuse to entertain our positions. When we are certified the ability of management to ignore our positions changes. That being said, it is our belief that once certified, the previous relationships that we have developed with RCMP management will be recognized and work to the membership’s benefit.

March 18th and 19th, 2016, I David RIBEIRO interviewed Eddie MacDonald, Peter Merrifield and Brian Sauvé. During this telephone conference I learned the following:

NPF Interview

Page 21: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

167

Research & Compilation ExplorationMANUAL 20

16

37

A very difficult question is, what about a member who has obviously acted outside the scope of their duties by: STEALING (exhibits/money), PROVIDING INFO TO ORGANIZED CRIME, CORRUPTION and other serious offences while on duty. How are you planning on dealing with this? Will the members be relocated to a different position/section?

What is going too far? A: All members need to be afforded fair process and representation. Yes, some members will commit crimes and be convicted - however, the process to get that convictions needs to be fair, respect to all laws and be transparent. The NPF will be here to fight, responsibly for RCMP members. If the issues involve representatives of the NPF, they will be dealt with in accordance with the association’s constitution.

What are the criteria required to meet in order to receive legal representation? A: It is common practice in the police environment to have a legal indemnity clause written directly into a collective agreement. However, those agreements are normally with a municipality, region or province and with a specific police board. In those collective agreement clauses, it is also standard to have an egregious behaviour clause.

For example, if a member’s actions are so inconsistent with the office of police officer…the police board may rescind the legal indemnification of that member.

As members of the RCMP, we are governed by the Federal government and as such are eligible for Legal Fees at Public Expense (LFPE) – should any of our actions in the course of our employment lead to civil or criminal jeopardy. The threshold for approval for LFPE is quite low, detailed as follows:

In order to be entitled to receive legal assistance at public expense, the employee must: 1. have been acting honestly and without malice within the scope of his/her duties or employment, and 2. have met the reasonable expectations of the RCMP.

There are times when the RMCP denies approval, sometimes for egregious and overt criminal behaviour and sometimes simply based on optics.

(Continued on the next page)

36

Page 22: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

Contact us [email protected] www.membersunited.caExplorationCollective BargainingMANUALRCMP

2016

168

38

39

When this occurs, the NPF will be there to provide Legal coverage for members and to ensure the RCMP is held accountable for their initial denial (i.e. repay the Federation). That being said, the NPF plans to maintain a robust internal Legal defence fund (one that does not require an external insurance company nor any external approval measures).

In addition to that fund, the NPF plans to retain counsel, both criminal and civil, to assist members should the RCMP deny coverage for duty related incidents.

Should any member be denied the approval of publicly funded counsel, in response to actions taken in the course of their duties or because of their position in the community as a member of the RCMP, the NPF will have funds and counsel available to defend that member.

All members deserve fair process. We would, of course, challenge the decision to deny members with publicly funded counsel where appropriate.

Is your group planning on re-instating members who have been fired? If so, what is your plan and why? A: First of all, the NPF does not decide who gets reinstated – that is up to the Force, the Conduct Board, or sometimes the Federal Court. The Federation can commit to examining each case individually and to fight, responsibly, for the rights of all RCMP members.

Posting, at this time cadets at depot are being thrown wherever operational requirement is needed, however after these members complete their posts, most are finding extremely difficult to move to their home provinces. What is the plan to address the issue of a member who joined from D div is now in K div and a member from K div is now in D div. Both wants to go back closer to home, will there be any type of process created for members who wishes to exchange their locations with another member or to even go back to their home divisions? A: Not at this time. We would like to say that simply by certifying a bargaining agent will allow every member of the RCMP to choose their posting and get closer to home. That is simply not the case. (Continued on the next page)

March 18th and 19th, 2016, I David RIBEIRO interviewed Eddie MacDonald, Peter Merrifield and Brian Sauvé. During this telephone conference I learned the following:

NPF Interview

Page 23: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

169

Research & Compilation ExplorationMANUAL 20

16

40

41

42

43

Do you have your written constitution and bylaws ready? If so, could you please email them to me so that I may share it with the members? A: At present, they are under development. Once signed, they will be uploaded to our web page (www.nfp-fpn.com) and accessible to the membership.

We want to ensure that we choose the right representation for us, because of that being transparent is very important. With that said, if the president or an executive director including Vice Presidents, treasurer and any other elected position for that matter, if they too commit an act which warrants immediate action for. What will be member’s recourses, will that person be removed from their position or they will remain in their elected positions until Election Day? A: Transparency is key – the life we chose is the RCMP. The RCMP expects the best from its membership and it is the National Police Federation’s position that those that represent members of the RCMP should exceed that standard. Immediate action will be taken to address any breaches to the standard of conduct.

Did NPF ask for a loan from the Legal Fund? A: Yes, we did. The NPF start-up funding was provided by the MPAO.

We are working with exclusively Police interest and labour groups to secure further funding. (including the MPMLF).

Will your association be a hybrid union? A: No, Hybrid is where the association pays for certain parts of the association (fighting on behalf of the members etc.) and the employer pays for some administrative costs, office space etc. It appears that NPF will not be receiving any administrative or operational funding from our employer. Which means we will operate on members’ dues alone.

However, NOT certifying a bargaining agent will allow the Commissioner or his delegate (i.e. each CO) to act unilaterally with regards to transfers and deployments. There needs to be a modern, fair and transparent process for all members to be able to identify where they want to go and for the Force to have adequate resources in place to allow that member to pursue where they want to work. Today, that is not the case – the National Police Federation is committed to bringing the RCMP into the 21st century regarding staffing processes.

Page 24: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

Contact us [email protected] www.membersunited.caExplorationCollective BargainingMANUALRCMP

2016

170

44

45

Would NPF be willing to consider putting differences aside and joining with MPPAC to be our representation? A: We are open to working with everyone who wants an accountable, responsible association for the members of the RCMP. We have reached out to and have been successful with MPAO, we have had similar conversations with the AMPMQ, and we have reached out to some directors of MPPAC.

We want to build a strong unified RCMP Members Association.

Closing argument. A: The National Police Federation came into existence in March 2016 in response to the Commissioner’s decision to implement the new Member Workplace Services Program (MWSP) to act as an interim labour model after the demise of the Staff Relations Representative Program (SRRP) and before a bargaining agent can be certified for members of the RCMP.

The Commissioner’s decision is based on the Supreme Court of Canada’s (SCC) ruling in MPAO vs. Attorney General of Canada (2015), in which the SCC ruled that the SRRP was unilaterally imposed upon members of the RCMP, without those members having any ability to choose their representative model and thus infringing on their Section 2(d) rights under the Charter.

The SCC gave the Federal Government 1 year to implement changes to legislation, to allow RCMP members the ability to associate and, should they choose to do so, certify a bargaining agent. The Federal Government did not meet the 1 year deadline and was granted a 4 month extension until May 17, 2016 to accomplish the new legislation.

Therefore, the Commissioner has announced that the SRRP will be completely dismantled by May 17th and replaced by the MWSP by that date.Based on our evaluation of the MWSP, we have determined that there is absolutely no collective representation for members of the RCMP nationally.

We believe that the most important characteristic of any organization that purports to represent the membership is neutrality and independence from the Employer. Effective representation for our members includes individual advocacy in specific circumstances (Continued on the next page)

March 18th and 19th, 2016, I David RIBEIRO interviewed Eddie MacDonald, Peter Merrifield and Brian Sauvé. During this telephone conference I learned the following:

NPF Interview

Page 25: Interview Peter Merrifield, Eddie MacDonald & Brian Sauvé › wp-content › uploads › 2016 › 03 › NPF-final-1.pdf2016 RCM 148 March 18th and 19th, 2016, I David RIBEIRO interviewed

171

Research & Compilation ExplorationMANUAL 20

16

and a broader and more effective voice for all RCMP members – both internally with the Employer and externally on issues of public importance in policing. As Canada’s police force, we need a national, collective voice on numerous issues to include pay & benefits, health & well-being, officer safety, working conditions etc.

The MWSP offers none, this interim model, designed by, approved and implemented by the Commissioner, sends members back decades in labour relations.

For example, in the MWSP model, with no collective national voice for the membership, the Commissioner could unilaterally, without any resistance, implement a policy that all members will transfer every five years.

As members, we all need to understand the urgency of this initiative. Without a collective voice, management will be able to act unopposed with respect to transfers, pay, benefits and other terms and conditions of employment.

We have all been witness to these actions by the Employer the question is how do we stop this downward slide?

The RCMP will fall under the Public Service Labour Relations Act (PSLRA). Once certified we can set in motion all rights that an organization has to protect our members’ interests.

The government has been granted an extension until May 17th, 2016 to pass the required changes to the PSLRA. The government has introduced proposed legislation that, once passed, will permit an employee organization to be certified once it has 50% + 1 of the employees in a bargaining unit signed up as members.

For the RCMP, this means 50% + 1 of the regular members (or “members in a rank”) below the rank of Inspector and reservist members. If the employee organization has close to (but just under) 50%, the Board may order a vote instead.

We are of the belief that we are the only organization that is truly national in scope. So, the National Police Federation was born, as a rational, professional, credible, transparent and truly National collective voice for members of the RCMP – a Federation that can unite all members of the RCMP in a timely manner to file application to the PSLRB to certify, and then to apply all available collective bargaining rights to achieve fair and appropriate pay and working conditions.

Therefore, it is imperative that an application for certification must happen as soon as possible after May 17th to enact the collective bargaining process to curtail further management erosion of our working conditions.


Recommended