The National Defence Fund

Rules and Regulations

The UFCW Canada National Defence Fund (“NDF”) is an internally restricted fund. It was established to benefit and to provide strike support and related payments to participating bargaining units and the members of the local unions.

The NDF will hold an Annual Convention (“Convention”) at which eligible members and the Administration Committee can review and consider amendments to the rules and regulations of the Fund. A majority vote is required to pass all motions and amendments to the NDF and the rules of the Fund. Between conventions, the NDF is governed by the Administration Committee under the general direction of the National President. The National President will serve as the Chairperson of the Administration Committee and will appoint a member of the national representative staff to serve as the Administrator.

Contributions

Contributions to the Fund will be kept current at all times, and will be made on a monthly basis by all participating local unions. The contributions will be on a per capita basis for each member in each affiliated unit.

The weekly per capita rate, as determined by a vote at convention, will be two dollars ($2.00) per member at Level I; one dollar ($1.00) per member at Level II; and fifty cents ($0.50) per member at Level III.

Moving to the higher benefit level will require a majority vote of the affiliated members in the bargaining unit who will be affected by the change. The higher benefit will not come into effect until the first day of the month following the month in which twelve (12) successive months of contributions for the higher benefit level have been received.

Under no circumstance will any unit be permitted to move to a lower rate.

Local Union Reporting

Accompanying the per capita payment on a monthly basis, all participating units are required to report the number of contributing members on the form provided or another approved form. This number will determine the average number of contributors that will be eligible for picket pay benefits in the event of a strike or lockout.

Financial Review

The Administration Committee will appoint a Financial Review Committee consisting of not more than three (3) members of the Administration Committee. The purpose of the Financial Committee will be to make an annual examination of the financial operations of the Fund.

Benefits

The picket pay benefit to participating Local Unions for Level I will be two hundred and fifty dollars ($250.00) per week per eligible member; one hundred and twenty-five dollars ($125.00) per week per eligible member for Level II; and sixty-five dollars ($65.00) per week per eligible member for Level III.

Eligibility for the picket pay benefit will start on the eighth (8th) day of the strike or lockout. Where a strike or lockout results in a complete and permanent closure of the workplace, the Fund will provide an additional two (2) weeks of picket pay benefits; beginning on the day the facility is officially closed for business or when the dispute becomes effectively redundant.

From time to time, the NDF will provide, if deemed appropriate, additional financial assistance to participating NDF bargaining units. Some of the special expenditures and material benefits that may be provided, but are not limited to, are cost of legal representation, media advertising, promotional material and apparel.

Subject to the financial stability of the Fund, the Administration Committee will review and consider paying a discretionary bonus on March 31, June 30, September 30, and December 31, to the qualifying Local Union based on $100.00 per eligible picketer.  To qualify, bargaining unit(s) must be on a strike or lockout for four (4) weeks prior to those dates.

New Participants

All local unions wishing to affiliate existing units, not previously enrolled in the Fund, will be considered for participation upon making application in writing to the Administrator. The application will set out the dates, results of the bargaining unit’s vote, and any other relevant information for the new unit. It is understood that the Fund will not unreasonably deny the affiliation of an existing unit.

Without exception, there will be a qualification period of six (6) months, beginning on the date of affiliation, which will apply to all existing units newly approved by the Fund. No participating local union will be eligible to make a claim for picket pay benefits or other related expenses at any time during the qualification period. Also, the Fund will not pay any benefits if a duly executed participation agreement is not on file for the affected unit.

All rules for new participants will apply to newly organized units. However, upon the approval of the Administration Committee, there will be no qualification period for the newly organized unit. In the absence of approval, the qualification period for existing units will be applied to newly organized units.

Bargaining Units with more than 2,000 members

For large units (i.e., units with 2,000 members or more), joining the NDF requires a 12 month contribution period before the new unit is eligible to receive benefits, as outlined in the Contribution section of the NDF Rules and Regulations, i.e.,  re Level 1, Level 2, and Level 3.

Large units are required to provide a 5 year guarantee of association to the NDF, and in the case of a new unit that engages in a work stoppage during the 5 year guarantee period, the new unit is required to provide a 10 year guarantee. The guarantee period is defined in the new unit’s participation agreement.

As in all cases of new units applying to join the NDF, and in keeping with the New Participants section of the NDF Rules and Regulations, the Administration Committee will decide whether a bargaining unit can join the Fund.

The per capita payments of new large units will be assigned a separate accounting process until they reach a certain value at which point they would be consolidated with the fund; for example, the equivalent of one month’s strike pay. So, in the case of a large retail unit with 10,000 members at the Level 1 rate of $2 per week, the consolidation threshold would equal $8-million. The consolidation threshold will be defined in the new unit’s participation agreement.

Administration Committee

The Administration Committee will determine the number of committee members; however there will be a minimum of eight (8) members including the National President. Recommendations for appointment and removal of Administration Committee members will be the responsibility of the National President. Final approval will be based on a majority vote of the Administration Committee. The Administration Committee will reflect representation from particular major provincial or geographical regions of Canada according to a local union’s affiliated members. The major regions will include:

  • British Columbia
  • Alberta
  • Saskatchewan
  • Manitoba
  • Ontario
  • Quebec
  • Atlantic Provinces

The Administration Committee will meet no less than twice a year. Other meetings, including conference calls and email correspondence, can be called throughout the year if deemed appropriate by the Chairperson or by an aggregate majority request of the members of the Administration Committee.

All meetings of the Administration Committee will be conducted in accordance with Robert’s Rules of Order.

Administration of the Fund

The day-to-day administration of the Fund will be conducted by the Administrator, who is appointed by the National President. These day-to-day operations will be dealt with under the guidance and direction of the Administration Committee.

The Administrator will be responsible for maintaining and keeping records, communications, investments, and financial reporting for the Fund. The Administrator will also provide an audited and detailed annual financial report.

The Administrator will have voice and be able to participate during Administrative Committee meetings, but will not have voting privileges.

Convention Delegate Representation and Convention Voting

The formula for delegate representation at convention will be:

  • One (1) delegate for up to and including one hundred (100) affiliated members
  • One (1) delegate for each additional one hundred (100) members or major fraction thereof
  • The formula for voting during convention sessions will be:
  • One (1) vote per eligible seated delegate

Ordinarily, votes will be cast by a show of hands. However, at the request of one third (1/3) or more of the eligible seated delegates, a “roll call” vote will be ordered by the Chairperson or his or her designate. To conduct a “roll call” vote, each participating local union will be credited with the number of votes equal to the number of affiliated Fund members, as averaged over the last twelve (12) month period. 

Barry Sawyer, NDF Chairperson;
    Lucy Flack Figueiredo, Saskatchewan; Dan Goodman, British Columbia;  Wayne Hanley, Ontario; Alain Lachaîne, Quebec; Bianca Petrie, Atlantic Provinces; Richelle Stewart, Alberta; 
Lee Johnson-Koehn, Ontario; Jeff Traeger, Manitoba; Janick Vallières, Quebec

Derek Johnstone, NDF Administrator

UFCW Canada National Defence Fund
300-61 International Blvd., Toronto ON   M9W 6K4
416-679-3417  •  www.ufcw.ca/ndf