Author
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Topic: The bonding of local officers in the CEP
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CUPE_Reformer
rabble-rouser
Babbler # 7457
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posted 24 August 2007 08:53 PM
quote: Article 12.07.07To provide for the bonding of five Local Officers who handle Union funds and property within limits established by the National Executive Board;(This Article will be temporarily suspended until the National Executive Board has found a solution to the problem of bonding.)
Constitution of the Communications, Energy and Paperworkers Union of Canada (PDF file) What happened?
From: Real Solidarity | Registered: Nov 2004
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abnormal
rabble-rouser
Babbler # 1245
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posted 10 September 2007 02:51 PM
quote: The national has off loaded the cost of bonding to the locals because the insurance companies raised the rates.
The obvious question is "why did they raise the rates?" quote: My guess is that the majority of the locals out there now are not bonded, and just have multiple signatories.
If it were that simple the insurance companies would be all over this. The exposure here is not simply one of theft. Union officials have a fiduciary responsibility (read liability) with respect to union funds. That goes far beyond the question of theft. And that's the only thing that multiple signatories tend to address. The obvious questions that come to mind are: (1) how much money are we talking about, (2) what is it used for (general expenses or are there pension funds mixed in here - even if they are only held briefly before being sent to the pension fund proper, and so forth), (3) does anyone have to make any investment decisions, (4) what sort of controls are there in place on funds coming into the union accounts, (5) how are funds segretated internally, ... In short, absent a bond you have to be insane to serve in this sort of role.
From: far, far away | Registered: Aug 2001
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abnormal
rabble-rouser
Babbler # 1245
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posted 12 September 2007 04:33 PM
quote: This is referring to local monies- dues.
Which still leaves my questions unanswered. Even assuming that there are no pension funds involved there are still a number of issues involved. Fiduciary liability goes far beyond the question of theft (which can be partially solved by the use of multiple signatures). quote: I believe the suspension is due to the fact that most locals cannot afford bonding insurance.
The other possibility is that no insurance company is willing to provide the coverage. quote: I am unaware of any fraud or missappropriation within the CEP locals, but it is certainly possible.The books of each local are audited quarterly by Trustees elected by each local.
For whatever reason it sounds like no insurance company is willing to provide the coverage or, if they are, it's too expensive. The real question is why? I can think of a few options: (i) they don't like the individuals involved, (ii) they don't like this particular Local, or (iii) they don't like the class of risk [i.e., for some reason they are afraid of the exposures here]. If these were negligible somebody would be willing to issue a policy. After all, insurance companies are in business to make money and, if there wasn't some issue that causes concern they'd happily collect their premium. Having said that, I still think that, absent a bond anyone has to be nuts to serve as an officer of the union.
From: far, far away | Registered: Aug 2001
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abnormal
rabble-rouser
Babbler # 1245
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posted 13 September 2007 03:56 PM
quote: when the insurance company raised the rates
Why? quote: the locals are not handling dues or pension in most cases
Then what are they handling? quote: the constitution provides enough indemnity for the locals/national
There are things that directors and officers cannot be indemnified for. That's why bonds and things like D&O insurance exist.
From: far, far away | Registered: Aug 2001
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Jabberwock
rabble-rouser
Babbler # 14147
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posted 14 September 2007 08:43 AM
The insurance companies raised the rates for the same reason they always do; the increase in claims for fraud across the country. Whether within the CEP or without, insurance companies will base rates on total number of claims. I believe insurance companies are reluctant to underwrite this kind of insurance in many cases, especially when they are dealing with hundreds of entities across the countries with different bylaws and local auditing arrangements. In our local, we are really just dealing with petty cash; our budget is approved by the membership and any expenditure over 500 dollars has to be approved by the membership. This is not a total non issue, but there is not some hidden scandal either. This is what happens with insurance. Rates go up according to a sense of overall risk in the marketplace. If you are suggesting that there is an unusual amount of malfeasance withing the CEP, I would say you are barking up the wrong tree. Of course, indemnity may only cover negligent or non-deliberate action, but there does not seem to be much alternative. Certainly the CEP is not the only organization facing insurance challenges.
From: Vancouver | Registered: May 2007
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