History

Two Trust Funds were established to obtain the benefits of Government of Canada programs which provided grants to training trust funds created by employee associations and employees for training workers to upgrade their skills.

The first Training Trust Fund Agreement, effective March 31, 1989, was between IBEW Local 2309, NB Power and trustees representing I.B.E.W. Local 2309 and NB Power. A Grant Agreement with the Canada Employment and Immigration Commission dated March 31, 1989 was signed by the Trustees of the Local 2309 Training Trust Fund.

The second Training Trust Fund Agreement, effective the 28th day of September, 1992, was between I.B.E.W. Local 1733, NB Power and trustees representing I.B.E.W. Local 1733 and NB Power. A Contribution Agreement with Canada Employment and Immigration Commission dated November 23, 1992 was signed by the Trustees.

Both Training Trust Agreements contained the same terms. The grants and contributions were provided over a specified period of time and were tied to contributions received from the employees of each Local and NB Power.

After the programs under the two Agreements with the Government of Canada were completed, the Training Trust Funds of Locals 2309 and 1733 continued to provide training with contributions from the employees and NB Power.

In 2000, Locals 1733 and 2309 merged to form I.B.E.W. Local 37. At the same time, the Training Trust Funds of each of those Locals were also merged into the present Training Trust for I.B.E.W. Local 37.

Reasons for Change

1. Change of Structure of Locals and Employer The original parties to the Training Trust Agreements have changed. Locals 2309 and 1733 became Local 37. NB Power was restructured into five separate companies with employees being transferred to those new companies. With these changes, it was necessary to increase the number of Trustees to represent IBEW and the NB Power companies and to establish a procedure for appointing Trustees.

2. End of Funding from Federal Government
Much of Section 3 of the Trust Agreements related specifically to funding requirements of the Government of Canada and those provisions were no longer relevant after the end of the terms during which grants and contributions were made. As a result, those provisions required amendment.

3. Change of Mandate of Training Trust Funds
The role of the Training Trust Funds in providing job specific training gradually reduced as more and more of that training was carried out by NB Power. The focus became directed to overall skill development relating to changes in the workplace, leadership and management roles, stress management and retirement planning. This required changes in the management of the Trust Fund and the procedures for carrying out its mandate, including policies and procedures for investment of the monies held in the Training Trust Funds and specific Sub-committees.

4. Other Amendments
The Trust Agreements provided for no method of amendment or termination and those provisions have been added.

Summary of Changes

1. The parties to the Agreement are updated.

2. Paragraphs (A) to (M) were added to show the background leading up to the changes.

3. Section 1 - A Definitions section was added for clarification and, in particular, to define Employees for the purposes of the Trust Fund.

4. Section 2 states the present purpose of the Trust Fund and the use of the Trust Fund.

5. Section 3 has many of the provisions of Section 2 of the original Trust Agreements, including 2.1, 2.2, 2.3, 2.8 and 2.9, with the following principal changes to those provisions:

• there will be up to a maximum of 14 Trustees instead of 7 to recognize the reorganization of NB Power;
• there is no specific term for holding office;
• there is a procedure for the parties appointing Trustees.

• there are two Co-Chairpersons, one a representative of the Employee Association and the other a representative of one of the Employers;
  
• there is a Trust Fund Administrator/Training Coordinator who is not a Trustee. That person replaces the Secretary-Treasurer position. There is no limit on the term of office.
• provision is made in Section 4.3 for signing authorities.

8. Section 6 deals with meetings of Trustees and contains Sections 2.3 and 2.7 of the original Trust Agreements. The principal changes are:

• specific months designated for quarterly meetings;
• increasing the quorum from 3 Trustees to 50% of the Trustees plus 1, of which 1 shall be a representative of one of the Employers;
• the requirement for an annual meeting contained in Section 5 of the original Agreements is removed;
• procedure for calling and holding meetings is set out.

9. Section 7 provides for three Sub-committees, (i) Tuition Reimbursement; (ii) Investments and (iii) Communications. It sets out the duties of each Sub-committee, how they are established and procedures for meetings.

10. Section 8 allows the Trustees to establish policies from time to time as required.

11. Section 9 contains a portion of Section 3.3 and Section 6 of the original Trust Agreement.

12. Section 10 is a new Section which provides for a mechanism to amend the Trust Agreement.

13. Section 11 replaces the previous Section 7 and provides for a mechanism for terminating the Trust.

14. A significant portion of Section 3 of each of the original Trust Agreements was deleted as it related to the Local 2309 Grant Agreement and the Local 1733 Contribution Agreement.

Click on the following links to view the current and proposed mandates:

http://www.ibew37.com/documents/Resources/Documents/AGREEMENT_-_DRAFT_-_Feb_20-08_-_Clean_Copy.pdf

http://www.ibew37.com/documents/Resources/Documents/old_TTF.pdf;;;