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Author Topic: The bonding of local officers in the CEP
CUPE_Reformer
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posted 24 August 2007 08:53 PM      Profile for CUPE_Reformer   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Article 12.07.07

To 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  |  IP: Logged
abnormal
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posted 25 August 2007 07:46 AM      Profile for abnormal   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
Sounds pretty simple. No-one will issue a bond. That doesn't necessaily mean anything happened at the union level. It simply means that companies don't like the class of risk or don't like the individuals or union that they are being asked to cover.

The main consequence of this is if anything goes wrong, the officers in question are on the hook personally. I doubt the union can indemnify them in lieu of a bond. Simply put, absent the necessary bond(s) anyone would be foolish to take the job.

[ 25 August 2007: Message edited by: abnormal ]


From: far, far away | Registered: Aug 2001  |  IP: Logged
Jabberwock
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posted 10 September 2007 08:34 AM      Profile for Jabberwock     Send New Private Message      Edit/Delete Post  Reply With Quote 
The national has off loaded the cost of bonding to the locals because the insurance companies raised the rates.
My guess is that the majority of the locals out there now are not bonded, and just have multiple signatories.

From: Vancouver | Registered: May 2007  |  IP: Logged
abnormal
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posted 10 September 2007 02:51 PM      Profile for abnormal   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
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  |  IP: Logged
Jabberwock
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posted 12 September 2007 11:13 AM      Profile for Jabberwock     Send New Private Message      Edit/Delete Post  Reply With Quote 
This is referring to local monies- dues.
I believe the suspension is due to the fact that most locals cannot afford bonding insurance.
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.

From: Vancouver | Registered: May 2007  |  IP: Logged
abnormal
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posted 12 September 2007 04:33 PM      Profile for abnormal   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
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  |  IP: Logged
Jabberwock
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posted 13 September 2007 12:39 PM      Profile for Jabberwock     Send New Private Message      Edit/Delete Post  Reply With Quote 
It is not a matter of any particular local- the bonding insurance for all locals was provided through the national and when the insurance company raised the rates, the amount paid by the locals to the national would not cover it, and the membership voted against increasing the rates. Initially, the responsibility for bonding was off loaded onto the locals, but the national has since decided that tabled officers do not need bonding insurance and that the constitution provides enough indemnity for the locals/national. Having said that, the locals are not handling dues or pension in most cases, as it is handled through payroll.
From: Vancouver | Registered: May 2007  |  IP: Logged
munroe
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posted 13 September 2007 02:51 PM      Profile for munroe     Send New Private Message      Edit/Delete Post  Reply With Quote 
Jabberwock, can we say this is a non-issue?
From: Port Moody, B.C. | Registered: Jun 2007  |  IP: Logged
unionist
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posted 13 September 2007 03:30 PM      Profile for unionist     Send New Private Message      Edit/Delete Post  Reply With Quote 
Um, just noticed this non-thread. Bonding was important 100 years ago. Not any more. None of our locals do it.

Was this supposed to be the Union Scandal of the Week?


From: Vote QS! | Registered: Dec 2005  |  IP: Logged
abnormal
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posted 13 September 2007 03:56 PM      Profile for abnormal   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
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  |  IP: Logged
Jabberwock
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posted 14 September 2007 08:43 AM      Profile for Jabberwock     Send New Private Message      Edit/Delete Post  Reply With Quote 
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  |  IP: Logged
abnormal
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posted 14 September 2007 09:13 AM      Profile for abnormal   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
I'm not claiming there is any particular issue with this local. But I still think that absent insurance you do have to be nuts to sit in any of these positions. But maybe I'm just overly risk adverse.
From: far, far away | Registered: Aug 2001  |  IP: Logged
Jabberwock
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posted 14 September 2007 10:22 AM      Profile for Jabberwock     Send New Private Message      Edit/Delete Post  Reply With Quote 
Yes, I would be interested to know the responsibility of signatory officers in the event of fraud committed by a co-officer.
From: Vancouver | Registered: May 2007  |  IP: Logged

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