Arrogant corporate culture

[craig]

A recent news article in Australia suggest the arrogant corporate culture of the AWB led to the Iraq affair. The on going arrogance and bigger than government attitude the CWB displays suggest we are dealing with the same attitude here. If a monopoly in the corporate world showed a similar arrogance they would not be tolerated by government and neither should they in this case. It only strengthens the resolve of those looking for market options to look at every avenue possible.

[agstar77]

I suggest that arrogant corporate culture is alive and well in the Con/Reform government!!

[parsley]

When the Government of Canada is legislated to run your wheatand barley business, you just gotta learn to take an order, agstar77!

1. Sections 3, 6 and 18 of the Canadian Wheat Board Act state:

Duty to comply

3.12 (2) The directors and officers of the Corporation shall comply with this Act, the regulations, the by-laws of the Corporation and any directions given to the Corporation under this Act.

6(1)(j) to act as agent for or on behalf of any minister or agent of Her Majesty in right of Canada in respect of any operations that it may be directed to carry out by the Governor in Council

Directions by Governor in Council

18. (1) The Governor in Council may, by order, direct the Corporation with respect to the manner in which any of its operations, powers and duties under this Act shall be conducted, exercised or performed.

Directors

(1.1) The directors shall cause the directions to be implemented.....



The CWB is,(for those in denial), a Government-run institution.

Any appointee or employee or Director that is incapable of taking take a legal order from the CWB Minister should look for other work.

Minister Goodale preferred jail as the punishment.

Parsley

[Vader]

Just one small note parsley. The ministers orders must be in compliance with the Act otherwise those orders would be unlawful. The CWB Act is the Law.

And while you're at it have a quick look at 3.09 (2)(b) and 3.11.

And lastly - who do you think makes the bylaws!

[parsley]

Good Morning Vader,

First of all, we have to determine who actually runs the ship.

Does the Act say the Governor in Council (Minister Strahl)is boss or are the farmer directors in charge?

"Directons By Governor in Council

18. (1)The Governor in Council may, by order, direct the corporation with respect to the manner in which ANY of its operations, powers and duties under this Act shall be conducted, exercised or performed."

(1.1)The directors shall cause the directions to be implemented and, in so far as they act in accordance with section 3.12, they are not accountable for any consequences arising from the implementation of the directions.

(1.2) Compliance by the Corporation with directions is deemed to be in the best interests of the Corporation.


any. any. any.

'any' includes policy orders.


'any'includes dumping an appointee, Vader.

Goodale interpreted 'any' by inserting "reporting in writing" at the border.

'any' meant stopping grain sales to Russia.


For Agri-villers information, 3.12(2) states:

"The directors and officers of the Corporation shall comply with this Act, the regulations, the bylaws of the Corporation and ANY DIRECTIONS given to the Corporation under this Act."


I did take the liberty of capitalizing the portions of the Act I thought you'd perhaps not noticed, Vader.

Neither elected nor appointed directors represent, or belong to, the office of the Governor in Council, and hence, cannot just hand out directions.

I think we have to conclude that the Minister runs the show with a legislated hand and farmer elected directors take orders from the Wheat Board Minister.

(next we can look at renumeration).

Parsley

[agstar77]

So if you are right, parsely , anything that goes wrong can be blamed on the Minister?

[wedino]

Agstar, who pays when initials are set too high?

[craig]

In light of the previous threats may be now is the time to be pressuring the minister to make changes to the PPO's and operation of the contingency fund. Regardless of what happens, the CWB will still be with us in the near term.

[craig]

Another thought. If Goodale was still in charge and a majority of farmer elected directors were elected on a pro choice platform do you really think he would have allowed major changes to happen to the CWB.

[parsley]

The Minister of the CWB is ultimately responsible, as you well know.

For example, a valid R-CALF trade dispute threat is countervail penalties of exports of livestock and products into the United States since American livestock producers cannot access the same off-board feed grains that Canadian feeders presently can access.

This is squarely due to CWB policy of CWB export prohibition of off-Board feed grain which contravenes NAFTA.

When R-Calf decides to get really mean and protectionist, cringe and listen to all lamb and beef and pork, and products go cah-ching cah-ching cah-ching at the border.

Will the elected B of D take the heat for their licensing denial policy? No.

They will be hiding in the bush hoping their neighbors do not find out that elected farmers caused national countervail actions.


The Minister will indeed take the heat, agstar.

Parsley

[parsley]

Vader, this is from the Act, and defines how to pick a President, for Agri-villers' information.

President
3.09 (1)The president is appointed by the Governor in Council on the recommendation of the Minister and holds office during pleasure for the term that the Governor in Council may determine.

(2) The Minister may recommend that a person be appointed president only if
(a) the minister consulted the board with respect to
(i) the qualifications required of the president, and
(ii)the person whom the minister is proposing to recommend and
(iii)the board has fixed the remuneration to be paid to the president and has informed the minister the remuneration."

[parsley]

Vader,
Back to your bylaw question.

Will YOU please tell us who makes the bylaws, and while you're at it, tell us who has the legal authority in the Act to overturn those bylaws.

Thanks so much.

[cropduster]

Sooo Vader....An old saying "Stay quiet and be thought a fool or open your mouth and remove all doubt...." Again......Great to see you back Parsley!!

[TOM4CWB]

Vader,

Interesting you bring up the bylaws!

Since the present bylaws require the CWB to respect our common-law properry rights... by respecting the common-law itself... how exactly is Minister Strahl's order breaching CWB bylaws?

I would dare to say Measner has been breaking the bylaws... and the BOD... not Minister Strahl!

[parsley]

Vader,

Would you please remind Adrian Measner what you state in the above thread:

" The CWB Act is the Law"

Remind him that the CWB Act requires that the CWB itself must comply with NAFTA.

Remind him Section 61 of the Canadian Wheat Board Act states:

"Implementation of the North American Free Trade Agreement

61.1(1) In exercising its powers and performing its duties, the Corporation shall give effect to the provisions of the Agreement [NAFTA] that pertain to the Corporation."

Mr. Measner is responsible for herding the Directors, but he's allowing the entire livestock industry in Canada to remain at risk because of the present political philosophy policy a few of the old boys are clinging to with their single-desk fingernails.

Is that what a good CEO does? Is that competent? Is that what top management is hired to do? Is that what pooling accounts are for?

Is Mr. Measner following the CWB Act Vader? No.

And the Directors know he is not and the single deskers are complicit.

When the Minister meets with the B of D's, what answer will Minister Strahl get when he asks, "Why haven't you guys been following the CWB Act?"

Vader, every Director who refuses to follow the Act that governs them, should be 'unappointed' in shame.

We're fortunate to have Agri-ville as a forum to discuss what affects our pocketbook.

Parsley