(CUPW) CALGARY LOCAL 710
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Calgary, Alberta T2E-6Z7 |
TTY Line (403) 295-2586 Fax (403) 295-0953 |
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(CUPW) CALGARY LOCAL 710
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CUPW Calgary Local - By-Laws
As
Revised January 9, 2005
Article 1
Section 1- General Conditions
Nothing that appears in these
by-Laws, or may in future appear, may in any way violate, alter or change
certain principles, rights and understandings, etc.,
concerning this Union and
its members. (see Section 3)
These by-laws are not meant
to replace or set aside our National Constitution, but rather to supplement
them. They are strictly local in intent and
purpose and may not be interpreted
in such a way as to violate the said Constitution, and the word Union as
herein used refers strictly and only to this local.
Section 2- Name and Membership
1. This Union shall be known as the Canadian Union of Postal Workers, Calgary Local.
2. This Union shall have jurisdiction over the Calgary area, determined by the National Union from time to time.
3. Employees
of Contractors engaged in the handling of mail shall be subject to Union
jurisdiction in the performance of their duties.
Section 3- Basic Principles
1. No member of this Union shall be deemed to be more privileged than another except in the performance of his/her official Union duties.
2. This Union believes in, and abides by, full democratic ideals whereby all final authority rests with the membership as expressed by vote.
3. The loyalty and support of every member is expected together with proper conduct and decorum in the transaction of all Union business.
4. No unlawful or disloyal acts shall be tolerated.
5. No qualified person shall be denied the right of membership except by the due process of the laws governing this Union.
6. No information whatsoever concerning this Union or its members shall be divulged to anyone other than an authorized person.
7. The rights and privileges of a member in good standing, may not be removed, set aside, or suspended without a just and fair trail
8. This Union shall not become involved in matters concerning promotions other than those within the bargaining unit.
9. Any member who violates the provisions of these by-laws shall be liable for suspension or expulsion as the membership shall deem warranted.
10. Any discipline,
suspension or expulsion of a member must conform to the terms of the National
Constitution.
Section 4 Organization
1. The affairs
of this Union shall be conducted by means of a regular monthly meeting.
Between meetings such business as may be properly conducted
shall be under the jurisdiction of the Executive Board and the Officers
acting in their respective fields as defined herein.
2. The Executive Board shall consist of the elected officers except the Trustees.
3. The officers of this Union shall be:
They shall be elected in accordance with the laws governing elections.
1 President 2 First Vice President 3 Second Vice President 4 Secretary Treasurer 5 Third Vice President 6 Recording Secretary 7 Chief Shop Steward - Operations 8 Chief Shop Steward - City Services 9 Chief Shop Steward - Maintenance 10 Chief Shop Steward - RSMC 11 Sergeant At Arms 12 Organizing Officer 13 Education Officer 14 Executive Vice President
4. Nominations
and elections shall be held for the purpose of choosing delegates for Area
Councils, Education Seminars, and Regional Conferences
in accordance with Article 8 of these by-laws.
5. Salaried officers shall be automatic delegates.
Article 2
Section 1 Requirements
1. An applicant shall be considered a member when all of the following conditions have been met:
a) He/she must meet all requirements as laid down in the National Constitution.
b) He/she shall pay an initiation fee of $5.00, and will receive
a lapel pin or Union emblem, as may be required or decided upon from
time to time
c) Upon proof of membership, any member of the Canadian Union of
Postal Workers; regardless of local, shall not be required to pay
an initiation fee.
2. Only members
in good standing shall have the right to attend meetings or to vote.
Section 2 Duties Of Members
1. By virtue
of his/her membership in this Union, every member is obligated to abide
by these by-laws, the National Constitution and such edicts as the
Union may issue from time to time.
2. He/she shall
be considered, by such membership, as having given sole authority to this
Union to act as his/her agent in matters pertaining
to his/her employment.
3. He/she shall,
to this Union only, submit any grievance he/she may have concerning his/her
employment. He/she shall not enter into discussion or make
any private settlement pertaining to such grievance.
4. Any grievance he/she may have with this Union, its officers, or members, shall be appealed only to this Union or the National office.
5. He/she shall not,
in any way interfere with the officers of this Union in the performance
of their duties nor shall he/she interfere with the rights of
another member.
6. He/she shall render to any officer or agent of this Union such assistance as may be reasonably asked.
7. He/she shall not engage in dual unionism or in any way undermine or weaken the strength or authority of this Union.
8. He/she shall conduct his/herself at all times, on Union business or at meetings, in a lawful and proper manner.
9. He/she shall
uphold the principles of unionism, and at no time shall he/she
cross a legally established picket line of this or any Union.
10. He/she shall fallow the rules of order at all meetings.
11. He/she shall not
divulge any information concerning this Union to any
unauthorized person or parties or to the press.
12. No member shall appear at any Union meeting, at the meeting of any committee, or on any Union business in a drunken or intoxicated condition.
13. No member (officer
or ordinary) shall bring, invite, or allow to be present anyone other than
a member in good standing at any meeting, general or
otherwise, wherein Union business is discussed or transacted except with
the expressed consent of the Union.
14. Any member of this
Union who betrays a fellow member to management, may be subject to broad
disciplinary measures as provided for in these by-
laws. This in no way absolves a member from recognizing his/her duties
in matters pertaining to acts of a criminal nature.
Section 3 Rights Of Members
Subject to reasonable application
(and subject to the right to impose broad disciplinary action upon the
membership) no provision of these by-laws,
rules of order or action
by the Union, its officers or agents shall be administered in such a way
as to deprive any individual member of the following rights
and privileges:
1. The right to vote.
2. The right to nominate.
3. The right to appeal
4. The right to attend meetings and to participate fully therein.
5. The right to be heard in any meeting and the freedom to present arguments, opinions and criticisms.
6. The right to information concerning the conduct of the Union.
7. The right to an answer to any question properly put before the meeting.
8. The right to appear in any court of the land. (subject to the National Constitution)
9. The right
to the protection of this Union and the actions by it or its officers on
his/her behalf concerning conditions of
employment, grievances, or unjust treatment within its contractual limits.
Any member on being refused such help by an officer or agent of this Union
shall
have the right to lay a charge subject to Article 8 of the Constitution.
10. The right to express
views, opinions, etc., concerning candidates for election, referendums
or any Union business, subject to the Unions reasonable and
established rules.
Section 4 Loss Of Membership
1. Any member
being disciplined for infraction of these by-laws or the National Constitution
shall have temporarily surrendered his/her rights and privileges
of membership for the duration of such disciplinary action.
Nevertheless, any disciplinary action shall conform to the dictates
of the National Constitution.
2. Recognizing
the right of each individual to seek promotion, this Union shall not stand
in hi/her way, but in order to protect the affairs of this Union any
member who accepts a temporary promotion shall surrender his/her rights
to membership. If he/she is an officer, agent, or steward he/she
shall resign or
have his/her office declared vacant upon application for promotion and
shall be replaced in such office. He/she may not hold office again
until a period of
at least one (1) year has elapsed since the end of such appointment.
Similarly, any member who applies for promotion to management, is on an
eligible list for a permanent management position shall not be allowed
to hold any local office until a period of at least one (1) year has elapsed
since the
end of such appointment.
3. A member suspended shall surrender all his/her rights until such suspension is lifted.
4. A member suspended
or expelled from this Union may not resume his/her rights and privileges
as a member without complying with the terms and
conditions of Articles One and Eight of the National Constitution.
Section 5 Honorary Membership Conditions, Rights, Duties and Privileges
1. Honorary membership shall be conferred only upon deserving persons subject to the following conditions:
a) Honorary membership shall only be bestowed by a two-thirds
(2/3) majority vote of members present and voting at a General meeting
upon a unanimous recommendation by the Executive Board.
b) Such recommendation by the Executive Board at a General
meeting shall not be voted upon by the Membership until the following
General meeting.
2. Honorary members shall be presented with a scroll suitable to the honor bestowed.
3. Honorary members shall not pay dues nor be subject to any levies.
4. At banquets
and social functions of the local, Honorary Members shall as far as circumstances
will allow, be seated at the head table and accorded all
deference.
5. Honorary Members
shall have all the rights, duties and privileges of membership except where
forbidden by law, the National Constitution and
these by-laws.
6. An Honorary Member shall forever surrender membership who:
a) after just and proper trail is found guilty of an offense against the National Constitution or these by-laws.
b) is expelled by unanimous vote of the Members present and
voting at a general meeting upon unanimous recommendation of the
Executive Board.
Article 3
Section 1 Officers General
1. All officers shall be elected for a term of three (3) years. All stewards shall be elected annually.
2. The privileges of holding office shall not be deemed a property right but a personal honor.
3. All officers, stewards, and agents, in the performance of their duties, shall adhere to the terms of these by-laws and the National Constitution.
4. Any action
taken by any officer, steward or agent in good faith and within the scope
of his/her office, shall not be the basis for any
personal liability against
him/her.
5, All officers,
agents, stewards, etc., occupy positions of trust in this Union and shall
be accountable to the membership with respect to the performance of
their duties and such funds and property as is entrusted to them.
6. Failure or
refusal by any officer, steward, or agent of this Union to render upon
demand a proper and adequate accounting or explanation of his/her
actions, shall constitute grounds for charges of improper conduct and for
trail as provided herein.
7. No officer, in the
performance of his/her duties, shall appear in an intoxicated, drugged
or disorderly manner. The Presiding Officer shall immediately
suspend from office, the intoxicated, drugged or disorderly officer and
subsequently order his/her withdrawal from the meeting or location, subject
to
the terms and conditions of the National Constitution and the rules of
order as set forth in Bourinots Rules of Order. Refusal to comply
with the direction of
the Presiding Officer shall be grounds for charges under the by-laws of
the Union and Article One and Eight of the National Constitution.
The Vice-
President or one of the Trustees may take action if circumstances warrant
it. Such suspension shall remaining effect until the next Executive
Board
meeting and a report of the matter shall be the first order of business.
8. No officer, steward, or agent shall be deemed as more privileged than an ordinary member except in respect to the discharge of his/her official duties.
9. Any officer, steward or agent taking personal or selfish advantage of his/her position shall render him/herself liable to disciplinary action.
Section 2 Executive Board
1. The Executive Board shall consist of all elected officers and such members as may be duly appointed thereto.
2. The Executive
Board may call upon any member to attend a meeting of the Board for purposes
of information or advise or help in the conduct of Union
business.
3. The Board shall
meet at the call of the President, provided that they meet at least once
a month and not more than ten (10) days prior to each general
meeting of the Union.
4. Subject to the provisions of these by-laws they shall be responsible for the conduct of all business and affairs of the Union between meetings.
5. Subject to the provisions
of these by-laws and without referral to the Union for debate, they may
order the disbursement of such funds as are needed to
meet current expenses and obligations.
6. They may lease, purchase, sell or acquire or dispose of any property as may be directed by the Union.
7. Refusal of any officer
to act shall be sufficient reason for declaring such office vacant.
Such office shall be filled subject to the terms and conditions of
Article 8 of these by-laws.
8. They shall have the duty to investigate any alleged or suspected breach of duty or trust and to take appropriate action if the investigation so warrants.
9. They may do
all acts not expressly authorized herein which may be necessary or proper
for the protection of the property and for the benefit of
this Union and its members.
10. In matters requiring action by the Board, when the Board is not in regular session, the President shall call a special meeting of the Board.
11. A majority of the Board, shall constitute a quorum for the transaction of business at any meeting of the Board.
12. They shall prepare reports, recommendations, etc. for consideration by the Union.
13. The President,
Secretary Treasurer, First Vice-President and Second Vice- President shall
be the salaried officers.
Article 4
Section 1 Presidential Duties
1. He/she shall be the chief executive officer of this Union and as such preside at all meetings of the Union and the Executive Board.
2. The President shall be responsible for the day to day administration of the Union.
3. He/she shall preserve order at all meetings.
4. He/she shall enforce the National Constitution, these by-laws, and such rules as may be adopted by this Union.
5. He/she shall see that all officers perform their duties.
6. He/she shall be an ex-offical member of all committees.
7. He/she shall decide all questions of order subject only to an appeal to the membership present and voting.
8. He/ she shall enforce all penalties as decided by the Union.
9. He/she shall be one of the signing officers of this Union and his/her signature shall be required on all important documents of this Union including cheques.
10. He/she shall remove
or cause to have removed any member who appears in an intoxicated, drugged,
or disorderly manner at any meeting wherein he/she
presides. The procedure for removal of the intoxicated, drugged,
or disorderly member shall be the same as in Article 3, Section 1, Subsection
7.
11. He/she shall call
a meeting of the Executive Board prior to all meetings of the Union to
prepare reports, recommendations, etc., for consideration by the
membership.
12. He/she shall see that all committees submit a monthly report.
13. He/she shall see that the books of this Union are regularly audited and a report of the same is made.
14. He/she shall be the chief spokesperson of this Union in matters concerning labour relations with management.
15. He/she shall perform such duties as the Union or Executive Board may assign from time to time.
16. He/she shall be the chief representative of this Union in all dealings with outside persons or parties and News Media.
17. He/she shall on taking office, or as soon as possible thereafter, see that all chairpersons of all important committees are appointed.
Section 2 Presidential Powers and Privileges
1. The President,
First Vice-President, Second Vice-President and Secretary Treasurer shall
be the principle executive officers of the Union and together
shall have charge of its affairs between meetings.
2. The President shall have the authority to interpret these by-laws and todecide all questions of law thereunder between meetings of this Union.
3. He/she shall have the right to decide all questions of order subject to an appeal to the membership present and voting.
4. He/she shall have the right to vote in all elections or referendums.
5. He/she shall
have the right to appoint members to chair meetings and
preserve order therein.
6. He/she shall have
the right to temporarily suspend from office any officer or steward for
unseemly conduct or dereliction of duty. Such suspension shall
be from office and shall remain in effect pending formal ruling of the
Executive Board.
7. He/she shall be empowered to call a special meeting of the Union or Executive Board.
8. He/she
may call on any member to assist him/herself in the discharge of his/her
duties and may recommend for discipline any member who refuses
such help without good cause.
9. He/she shall have charge of all officers and employees of this Union.
Section 3 Presidential Limitations
1. He/she shall not have the right to vote in any regular meeting at which he/she presides, except in the case of a tie when he/she shall cast the deciding vote.
2. He/she shall
not conclude any agreement of any kind on behalf of this Union with management
or any outside parties without making a report to and
receiving the consent of the Union.
3. He/she shall not discuss any grievances with management without at least one other member of the Grievance Committee in attendance.
4. He/she shall
submit to the Union on demand an accounting of any or all of his/her actions
in the discharge of his/her duties.
Section 4 First Vice-President
1. The First Vice-President shall have the duty of assuming the office of President in his/her absence.
2. He/she shall, upon assuming such office, come under all of the conditions as prescribed for the President.
3. He/she shall be a signing officer of the Local.
4. He/she shall chair and co-ordinate the activities of the Health and Safety Committees.
5. He/she shall implement and maintain an adequate filing system for Health and Safety.
6. He/she shall co-chair the Joint Health and Safety Committee and shall attend all joint meetings.
7. He/she shall
work with and assist the Education and Grievance Committees on matters
dealing with Health and Safety, WCB, and rehabilitative or
modified duties.
8. He/she shall
be responsible to ensure that minutes are taken of committee meetings,
and that complaints about health hazards within the local, accident
reports and any other matters pertaining to Health and Safety are dealt
with by the committee.
9. He/she shall be responsible for concerns arising from rehabilitation positions, modified and light duties.
10. He/she shall be responsible for handling W.C.B. claims and appeals.
11. He/she shall perform
such duties as the President may assign to him/her.
Section 5 Second Vice-President
1. He/she shall be responsible for administering the grievance procedure at the first level along with the President.
2. He/she shall prepare
a monthly report on the grievances submitted to the first level and shall
make recommendations to the Executive Board pertaining to
first level submissions and referrals to the subsequent levels up to arbitration.
3. He/she shall
prepare the reports to the various levels of the grievance procedure and
shall be the liaison person with the regional grievance officer
and legal council along with the President.
4. He/she shall be responsible for ensuring that all reference material is kept up to date.
5. He/she shall perform such duties as the President may assign to him/her.
Section 6 Secretary Treasurer
1. The Secretary
Treasurer shall have charge of the Union seal, all records, all documents,
papers, files, etc. He/she shall require a receipt for such
whenever any are loaned or otherwise taken from under his/her direct control.
A record of all transactions shall be kept. The seal may not be loaned.
2. He/she shall keep
a record of all members, including their names and addresses, etc.
He/she shall submit to the National office as may be required
by law. Such lists shall not be open for inspection nor shall copies
of same be made.
3. He/she shall
be responsible to see that all notices of meetings, special notices, etc.
are properly posted or otherwise given in such a way that all
members shall be made aware of such ONE WEEK IN ADVANCE for regular meetings
and as soon as possible for special meetings.
4. He/she shall
receive all monies payable to the Union and see that they are
properly deposited to the credit of this Union.
5. He/she shall submit for the approval of the Union a financial report covering a two month period.
6. He/she shall prepare
and submit for audit an annual report and statement of all financial transactions
which statements, shall be itemized. He/she shall se
that copies of the auditors report are made and one given to each member
in attendance at the September Union meeting.
7. He she shall keep a complete record of all financial transactions and such papers as are needed to prove them.
8. He/she shall draw up all cheques for signature.
9. He/she shall be duly and properly bonded and shall see that his/her successor is bonded before handing over his/her office to him/her.
10. His/her signature,
together with the President, or in the absence of the President, of the
First Vice-President, shall be required on all documents,
records of minutes, cheques etc.
11. He/she shall, together with the President, the vice-presidents and the Chief Shop Stewards, have charge of all labour controversies involving the Union.
12. The Secretary Treasurer
shall keep the sum of ten ($10.00) dollars on hand as petty cash account.
The petty cash account shall be maintained by
withdrawals from the General Account.
13. No records properly belonging to the Secretary Treasurers office shall be destroyed except by express wishes of the Union.
14. The Secretary Treasurer
shall prepare ballots for all elections and referendums and shall advise
the membership by posted notice when and
where the vote shall take place and the time and closure of the ballot
box subject to Article 8 of these by-laws.
15. He/she shall handle all of the ordinary correspondence of the Union.
16. He/she shall receive
the reports of all committees for recording and filing.
Section 7 Third Vice-President
1. The Third
Vice-President shall be responsible for monitoring all measurement exercises
and work re-organizing done in the local. This will include working
with the membership and stewards to educate then on the route measurement
process and dealing with the issues arising regarding route
measurements and householder payments.
2. He/she shall prepare for and attend all consultation meetings with the employer regarding the measurement systems and work schedule changes.
3. He/she shall make recommendations to the grievance committee and shall attend grievance hearings at the request of the President.
4. He/she shall perform
such duties as the President may assign to him/her.
Section 8 Chief Shop Steward-Operations
1. He/she shall
be in charge of all stewards in the Mail Processing Plant, excluding maintenance
stewards, and be responsible to the Union for
organizing their efforts and actions.
2. He/she shall
not have the power to remove an elected steward from office, but shall
have the power to prevent a steward from representing members of
the bargaining unit until the matter has been ruled upon at the next general
meeting.
3. He/she shall assist the President and the second Vice-President in their duties regarding labour relations.
4. He/she shall be responsible for convening regular shop steward meetings as often as authorized.
5. He/she shall
be responsible to the Education Committee for the education and training
of the shop stewards.
Section 9 Chief Shop Steward-City Services
1. He/she shall be in charge of all stewards in the depots and stations, and be responsible to the Union for organizing their efforts and actions.
2. He/she shall
not have the power to remove an elected steward from office, but shall
have the power to prevent a steward from representing members of
the bargaining unit until the matter has been ruled upon at the next general
meeting.
3. He/she shall assist
the President and the second Vice-President in their duties
regarding labour relations.
4. He/she shall be responsible for convening regular shop steward meetings as often as authorized.
5. He/she shall be responsible to the Education Committee for the education and training of the shop stewards.
Section 10 Chief Shop
Steward-Maintenance
1. He/she shall be in charge of all stewards in maintenance section and be responsible to the Union for organizing their efforts and actions.
2. He/she shall
not have the power to remove an elected steward from office, but shall
have the power to prevent a steward from representing members of
the bargaining unit until the matter has been ruled upon at the next general
meeting.
3. He/she shall assist the President and the second Vice-President in their duties regarding labour relations.
4. He/she shall be responsible for convening regular shop steward meetings as often as authorized.
5. He/she shall
be responsible to the Education Committee for the education and training
of the shop stewards.
Section 11 Chief Shop Steward-RSMC
1. He/she shall be in charge of all RSMC shop stewards and be responsible to the Union for organizing their efforts and actions.
2. He/she shall
not have the power to remove an elected steward from office, but shall
have the power to prevent a steward from representing members of
the bargaining unit until the matter has been ruled upon at the next genera
meeting.
3. He/she shall assist the President and the second Vice-President in their duties regarding labour relations.
4. He/she shall be responsible for convening regular shop steward meetings as often as authorized.
5. He/she shall
be responsible to the Education Committee for the education and training
of the shop stewards.
Section 12 Recording Secretary
1. It shall be the function of the Recording Secretary to attend all meetings of the Executive Board and the Union and keep the Minutes of the same.
2. He/she shall submit them to the Secretary Treasurer and the President for signature after their adoption by the Union.
3. He/she shall keep a record of all committees and the members serving on the same.
4. In the absence of the Recording Secretary, the President shall appoint someone to fulfill his/her duties.
Section 13 Sergeant At Arms
1. The Sergeant At
Arms shall have charge of the door at all meetings and shall assist the
President in maintaining order at all meetings. He/she may call in
the membership for such help as he/she may need to discharge his/her duties.
He/she shall perform such duties as the President or the Executive
Board shall assign to him/her from time to time.
Section 14 Shop Stewards
1. Each division
or section shall elect from among themselves a member to act as the steward
in that section. In order to safeguard Union interests, the
Executive Board, with the approval of the membership, may appoint Shop
Stewards.
2. They shall work under the direction of the Chief Shop Steward(s) in maintaining Union principles and discipline in their respective sections.
3. He/she shall
be available to any member who may have a grievance and shall advise such
member of his/her rights. He/she shall seek to have any
justified grievance settled in a manner prescribed by the Union.
He/she shall make a report to the Grievance Committee of any grievances
and his/her
action on the matter.
4. He/she shall bring
to the attention of the person concerned any violation of Union principles
as such member may make. If the violation is repeated
he/she shall draw it to the attention of the Chief Shop Steward(s) and
a report of the violation shall be given to the next Union meeting.
5. He/she shall
watch that no members rights are violated or negated by management and
he/she shall, where such violation occurs, make a report of
it to the Grievance Committee who shall decide if it should be processed
as a regular grievance.
6. a)
The stewards shall meet once each month under the guidance of the Education
Committee to report on their duties, to acquaint one another
with mutual problems and to help solve difficulties encountered
b) Meetings may be held more frequently only on the prior approval
of the membership.
Section 15 Delegates
1. Delegates are those members as defined by the National Constitution.
2. The salaried officers shall be automatic delegates.
3. Delegates shall be ranked by position number. This position number shall be determined by the procedures as set forth in these by-laws.
4. Delegates
must attend a minimum of fifty percent (50%) of General Union meetings
of the local held in a subsequent twelve month period in order to
maintain their status. Any delegate who is unable to attend a general
union meeting because he/she is required to be on duty may have their absence
from the meeting ratified by the membership in order to maintain their
status.
5. Any Delegate
who is unable to attend a particular Area Council, Education Seminar, or
Regional Conference shall inform the Secretary Treasurer prior
to the event and on a timely basis in order that an interim replacement
can be arranged. Such a replacement shall be determined by the procedures
set
forth in these by-laws.
6. The delegate
list shall be kept current and up to date.
Section 16 Observers
1. Observers
shall accompany the delegates to Area Councils, Education Seminars and
Regional Conferences. The purpose of their involvement as
observers shall be to further their development as activists in the Union
through their participation in the education process.
2. Observers shall be ranked by position number. This position number shall be determined by the procedures as set forth in these by-laws.
3. Observers
must attend a minimum of fifty percent (50%) of General Union meetings
of the local held in a subsequent twelve month period in order to
maintain their status. Any observer who is unable to attend a general
union meeting because he/she is required to be on duty may have their absence
from the meeting ratified by the membership in order to maintain their
status.
4. Any observer
who is unable to attend a particular Area Council, Education Seminar, or
Regional Conference shall inform the Secretary Treasurer prior
to the event and on a timely basis in order that an interim replacement
can be arranged. Such a replacement shall be determined by the procedures
set
forth in these by-laws.
5. Observers shall act as replacements for delegates as set forth in Article 4 Section 16.
6. When an observer
is required to replace a delegate he/she shall be offered the opportunity
to do so in order of his/her rank on the observers list and
subject to the willingness of the member to act in such a capacity.
7. The resulting
vacancy on the observers list will be filled by having all remaining observers
promoting the required number of positions on the list.
The resultant vacant position on the observer list shall be filled by a
replacement. Such a replacement shall be determined by the procedures
as
set forth in these by-laws.
8. The observers
list shall be kept current and up to date.
Section 17 - Alternates
1. Alternates shall act as replacements for observers as set forth in Article 4, Section 17.
2. The purpose
of their involvement as alternates is shall be to further their involvement
in the Union through their participation in the education process.
The participation of alternates will also ensure that this local takes
advantage of every opportunity to further expand the number of activists
at the local
level.
3. Alternates shall be ranked by position number. This position number shall be determined by the procedures as set forth in these by-laws.
4. Alternates
must attend a minimum of fifty percent (50%) of General Union meetings
of the local held in a subsequent twelve month period in order to
maintain their status. Any alternate who is unable to attend a general
union meeting because he/she is required to be on duty may have their absence
from the meeting ratified by the membership in order to maintain their
status.
Section 18 Elected Union Representatives
Be it understood that all members filling elected positions in the Calgary Local are Union representatives and as such shall be required to complete a Union representatives course.
Section 19 Organization Officer
1. He/she shall be responsible for coordinating and implementing all programs of action that the local and/or the National Union may deem necessary.
2. He/she shall
be responsible in cases of industrial action, to see that all members names
and addresses are up to date and break down members
into groups for picket duties etc.
3. He/she shall
perform such duties as the President may assign to him/her.
Section 20 Education Officer
1. He/she shall
be responsible to formulate and implement education programs within the
Local. These programs will be coordinated with input from the
salaried officers and Chief Shop Stewards.
2. He/she shall be the chair of the Education Committee.
3. He/she shall
perform such duties as the President may assign to him/her.
Section 21 Executive Vice-President
He shall perform all duties
as may be required when no other officer is available.
Article 5
Section 1 Committees-General
1. Committees shall choose from amongst themselves a member to chair the committee.
2. It shall be the duty of the committee Chairperson to choose members to assist him/her.
3. Standing committees
shall be those of a continuing nature. Chairpersons for these shall
be appointed when the incoming officers take office, or as soon
thereafter as possible.
4. A committee may be appointed to handle business not requiring executive action provided such business is specifically stated upon its inception.
5. No committee
shall exceed its terms of reference. Terms of reference for a committee
shall be established as soon as possible after the formation of said
committee.
6. Each Chairperson
shall make a monthly report. It shall be accepted without debate
and any business arising from such reports shall be part of New
Business.
7. Any committee
requiring finances shall receive same by vote of the Union.
Section 2 Grievance Committee
1. The Grievance
Committee shall consist of the President, First Vice-President and Second
Vice-President and either of the Chief Shop Stewards as
requested by the President. Further, it is understood that the Third
Vice- President will assist the Grievance Committee as requested
by the
President.
2. The Grievance
Committee shall process all grievances submitted to them. They shall require
that the grievance shall be submitted on a standard
grievance form.
3. The Grievance
Committee shall edit the grievance and prepare it for submission through
the regular channels.
4. The Grievance Committee
must report the disposition of any grievance to the grievor upon request
together with the reasons for action taken in each
particular instance.
5. While the Grievance Committee shall process all grievances, the final responsibility for grievances shall rest with the President.
6. The aggrieved part
shall not enter into processing accept at the call of the Grievance Committee
and he/she may not at any time discuss any part of the
grievance with anyone except the processing officers.
7. This Union
reserves the right to initiate and process any matter as a grievance on
its own authority and as a Union grievance. The Union shall not
be bound by the interpretation of management.
Section 3 Education Committee
1. The Education
Committee shall consist of the President, First Vice-President, Second
Vice-President, Third Vice-President, the Chief Shop Stewards and
the Education officer.
2. The Education
Committee shall be responsible for the education and training of shop stewards
and Union activists as well as providing courses to the
general membership covering such topics as the Collective Agreement, the
National Constitution, the Local by-laws and other topics of interest to
the
labour movement.
Section 4 Womens Committee
1. Shall consist of all interested women members.
2. Shall work
to develop a greater awareness of women's issues at the Local level.
Section 5 Trustee Committee
1. The Local Trustee Committee shall be elected as per Article 8 of the Calgary Local By-Laws.
2. They shall have the right to demand a detailed accounting of any financial transaction carried out by this Union or in its name.
3. They shall
be responsible for the inspection of the finances and assets of the Union
and shall ensure that such expenditures made are as per these by-
laws and the National Constitution.
4.
a) require of officers responsible for financial transactions
and empowered to sign cheques a fidelity bond in the amount of
$10,000.00 which is to be paid by the Local;
b) i) select, upon ratification by the Local Executive
Board, an accountant(s) for the purpose of auditing all financial
operations of
the Union.
ii) See that this audit is conducted in February of the year following
the Executive Board Elections (as per Article 8, Section 1,
subsection
1 b). Such audit will encompass the six months period beginning July
1 through December 31.
iii) Ensure that the report of the accountant(s) is submitted to
the Local Executive Board and presented to the membership at the second
General Membership meeting following the Unions receipt of the audit.
c) inspect all treasury books, generally supervise Union assets
examine expenditures to check whether they are in accordance with the
Constitution, By-Laws, and in accordance with the resolutions and decisions
ratified by the Local membership of the Union;
d) inspect all accounts, assets and records of the Union, including
such funds as raised by raffle, donation, special levy or by any other
means,
at least every six months. They shall prepare a written report on
their findings and make recommendations to the Local Executive Board as
well as to the general membership of the Union regarding their inspection.
e) While inspecting the Locals accounts, be each allowed ten ($10.00) dollars to cover expenses.
Section 6 Other Committees
1. Other committees
including but not limited to the Health and Safety Committee, the Disciplinary
Committee, the Election Committee, the
Legislative Committee, the By-Laws Committee, the Organizing Committee,
and the Social Committee shall be constituted subject to the National
Constitution, Local by-laws and the Collective Agreement where applicable.
Article 6
Section 1 Types Of Meetings
1. Meetings shall be of two kinds: Special or Regular
2. Regular meetings shall be held monthly as provided herein.
3. Special meetings shall be called for a specific purpose.
4. There shall
be NO SMOKING during the order of business of Union meetings.
Section 2 Regular Meetings
1. Regular meetings
shall be held monthly at a regular time and place as designated by the
Executive Board and subject to the approval of the Union.
They shall start on time.
2. The time and/or place of the meeting shall only be changed only after adequate and reasonable notice to the membership.
3. The July and August meetings may be suspended by the Executive Board during which time Union Business shall be directed by the Board.
4. Members present
at Regular Meetings shall have the right to express their views, arguments,
and opinions or criticisms upon any business properly
before the Union.
5. No member, at any meeting may engage in or instigate any conduct or action detrimental to the proper and regular conduct of Union business.
6. If in the opinion
of the President, a meeting becomes so disorderly as to prevent the proper
deliberations of the issues before the meeting, he/she shall
on his own authority adjourn the meeting, without debate. There shall
be no appeal to such action.
7. All meetings, whether Special or Regular shall be conducted according to the rules of order adopted by the Union.
8. A quorum for either
a regular or a special meeting shall be ten (10) members.
Section 3 Special Meetings
1. Special meetings
may be called for an expressed purpose only. Such purpose is
to be prominently displayed on the poster advising the
membership that a Special meeting is being held.
2. Only such subjects or subject as is stated on this notice shall be dealt with at this meeting.
3. They shall
be called by the Executive Board or on the application of not less than
fifteen (15) members of whom at least twelve (12) must attend the
meeting.
4. When a Special meeting is called for by the written request of members, it shall be held within ten (10) days of receipt of such request.
5. The Executive
Board should endeavor to call a special meeting before referendum votes
are taken in order to inform the members of the issues at
stake.
Section 4 Order of Business
1. The order of business by the meeting shall be as follows, with the exceptions as herein stated:
a) opening of Branch and calling to order of the meeting by the President. Installation of Officers.
b) The reading of the minutes of the previous meeting.
c) Dealing with correspondence.
d) Application for membership.
e) Reports of Executive officers and Board.
f) Reports of committees.
g) Reports of stewards.
h) Unfinished business.
i) New business.
j) Good and welfare of the Union.
k) Adjournment
2. The order of business of any meeting may be suspended by the President while any disorderly conduct is dealt with.
3. The President shall, without debate, adjourn any meeting that becomes disorderly as to preclude the proper conduct of business.
4. Any charges being disposed of or any suspension or reinstatements shall take precedence over all other business.
5. Disciplinary considerations or actions shall have the next precedence.
6. If disciplinary action should become necessary during any meeting, Business shall stand suspended until the matter is dealt with.
7. The President
may suspend business, on a majority vote, if an when special matters demanding
immediate attention are brought before the Union.
Section 5 Rules of Order
1. Bourinots Rules of Order shall be the standard reference.
2. Except as
provided for in Section 2, any motion for which notice of motion has been
given shall have precedence over all others and the President shall
call for it at the beginning of New Business.
3. The Chair shall state the issue at stake and read the motion and amendments immediately before calling for the vote.
4. When the chair
has called for a vote no, debate or remarks shall be allowed except where
a mistake has been made and then the mistake shall be
corrected and the vote shall proceed.
5. All rulings of the presiding officer on procedure which are not challenged at the time become final and unappealable upon adjournment.
6. Motions passed
at any meeting which have the effect of repeating an action from month
to month, shall not be valid for more than one (1) year, except
where otherwise specified in these by-laws.
Section 6 Notice of Motion
The following procedure shall be required to bring a motion by notice before the Union.
1. A notice of
motion shall be handed to the Secretary Treasurer in writing and signed
by the mover and the seconder. It shall be posted by the Secretary
Treasurer not later than one (1) week prior to the next regular Union meeting.
2. At the next
meeting after the motion is posted, the Secretary Treasurer shall read
the motion to the meeting at the opening of New Business. Questions
concerning the intent and purpose of the motion shall be in order, but
no debate will be entertained by the chair.
3. Before the following meeting, in time to give reasonable notice, the motion shall be posted.
4. At the meeting following the motions first reading; it shall be again read and then open for debate and vote.
5. A motion brought before the meeting by notice shall require a two-thirds (2/3) majority of those present and voting in order to be passed.
6. A notice of
motion shall be required where any changes in these by-laws is considered
or for the levy of any special assessment on the membership
Section 1 Finances-General
1. The financial affairs of this Union shall be handled by deposit to and withdrawals from an account with an accredited banking institute.
2. All cheques
issued by this Union shall be subject to a time limit for validity. All
cheques issued shall be required to be cashed not later than the end of
the month following their issue.
3. The Secretary Treasurer shall draw all the cheques for issue and shall date them as to the time of issue and the expiration of validity.
4. There shall
be three (3) recognized signing officers for this Union. They shall
be the President, the Secretary Treasurer and the First Vice-President.
The
First Vice-President may sign cheques only in the absence of the President
or the Secretary Treasurer.
5. The signing officers shall be responsible for proper handling of Union financing.
6. They shall be fully
and duly bonded and they shall not become signing officers until such bond
is posted and in the hands of the Trustees. The Union shall
pay the cost of the bonds.
7. It shall require the signature of any two of the signing officers to validate a cheque.
8. The fiscal year shall be from the 1st of July to the 30th of June inclusive, and the yearly statement shall be due at the September meeting.
9. Whenever money
is raised by raffle, donation, special levy or by any means for any purpose
concerning this Union a verbal statement of the results of it
shall be given to the Union in meeting. A written report shall be
given to the Trustees. Such funds so raised shall become Union funds
and shall be
deposited in an account other than the General account.
10. Money raised and
deposited in special accounts and remaining there at the end of the year
shall be put in the General account subject to the discretion
of the Union.
11. Executive Expense
(per Year)
President
..$1,200.00
First Vice President
$1,200.00
Second Vice-President
.$1,200.00
Secretary Treasurer
..
.. ..$400.00
Third Vice-President
......................$400.00
Chief Shop Stewards
...
.$400.00 each
Organizing Officer
....
..$400.00
Education Officer
..
..$400.00
Executive Vice-President
..
.$400.00
Recording Secretary
.$200.00
12. All officers, agents
or delegates shall be entitled to their reasonable expenses incurred in
the performance of their duties as provided for in these
by-laws, or subject to membership vote.
13. Any donations for other than Union purpose cannot be considered except by a notice of motion.
14. In the event of
any member in good standing passing away, the Executive Board shall forward
a wreath of flowers or an appropriate token to the
bereaved.
15. In cases of retirement
on superannuation, a token sum of $25.00 shall be given to the retiring
member. (provided that the member has been in good
standing for the last five (5) years of his/her service.)
16. Members attending any course or seminar organized by the Local shall be allowed ten ($10.00) dollars per day to cover expenses.
17. Members attending
Local Shop Stewards courses or Local education seminars shall be reimbursed
for receipted child care expenses at a cost not
to exceed $30.00 per day per family.
18. Expenses for Union lawyers, Newsletter, office rent and meeting hall, shall be approved by a vote of the membership from time to time.
19. Any Union member incurring a loss of wages when required to attend a shop steward or Executive Board meeting shall be reimbursed by the Local.
20. All expenditures must be authorized by the general membership except where otherwise laid down in these by-laws and the National Constitution.
21. The hiring of lawyers and the payment of legal fees shall be the subject of full disclosure and debate.
22. Officers and shop
stewards who are defendants in criminal or civil suits as the result of
carrying out their duties in accordance with these by-laws or the
National Constitution, shall be provided with legal counsel at the expense
of the Local.
23. The payment of
legal fees for officers and Shop Stewards who are the plaintiffs in criminal
or civil suites, shall be subject to the by-laws as laid out
here under.
24.
a) Expenditures for goods and/or services in excess of two thousand
($2000.00) dollars must be approved by a two thirds (2/3) majority of
those present and voting.
b) Expenditures for goods and/or services in excess of five
thousand ($5000.00) dollars shall require a notice of motion and must be
approved by a two thirds (2/3) majority of those present and voting.
c) Expenditures for goods and/or services in excess of ten thousand
($10,000.00) dollars must be authorized by referendum vote. Such
referendum vote shall be the subject of full debate at a regular or special
meeting and must be approved by the majority of those
present and voting
Section 2 Salaried Officers
1. Salaried positions shall not be obtained by appointment.
2. Salaried Officers shall be elected in accordance with Article 8 of these by-laws.
3. Salaried officers shall obtain the full salary of an EIM-10 (PST-9) regardless of their post office classification.
4. Salaried officers shall obtain all the fringe benefits obtained by their employee classification.
5. Salaried officers shall participate at Union expense in the Group Health Insurance Plan for National Officers.
7. Salaried officers shall obtain expense allowances appropriate to their position, as laid down elsewhere in these by-laws.
8. Funds voted by referendum or otherwise set aside for the payment of salaried officers shall be used for no other purpose.
9. Such funds shall be accounted for in a fund separate from any other fund.
10. During any industrial
action, where the whole general membership of the Local ceases to receive
pay, allowances and fringe benefits, salaried officers shall
likewise cease to receive pay, allowances and fringe benefits.
11. In accepting a
salaried position, officers recognize that it is among their duties to
represent the Union during and beyond the normal working hours of the
membership, and they shall do so without other recognition or reward than
is laid down within these by-laws.
Section 3 Other Lost Wages and Expenses
1. All lost wages incurred for education purposes (shop steward courses, etc.) will only be paid if approved at a Union meeting.
2. All observers,
under the meaning of Article 4, Section 17 of these by-laws, shall be paid
per diem at the same rate as Calgary Local delegates, under
the meaning of Article 4, Section 16. Accommodation and transportation
for observers will be the Locals responsibility.
Article 8
Section 1 - Elections-General
1. a) One third of the Executive board shall be elected yearly;
b) On the coming into effect of these by-laws the following
shall be the the Executive Board positions to be elected at the first Executive
Board Elections:
Group A (TO BE ELECTED FOR THREE (3) YEARS)
- President
- Second Vice-President
- Chief Shop Steward-Operations
- Sergeant At Arms
- Executive Vice-President
Group B (TO BE ELECTED FOR TWO (2) YEARS)
- Secretary Treasurer
- Third Vice-President
- Chief Shop Steward-City
Services
- Organizing Officer
Group C (TO BE ELECTED FOR ONE (1) YEAR)
- First Vice-President
- Chief Shop Steward-Maintenance
- Chief Shop Steward-RSMC
- Recording
Secretary
- Education
Officer
c) At the second Executive Board Elections following the coming in
to effect of this by-law, the positions listed in Group C shall be elected
to
a three year term.
d) At the third Executive Board Election following the coming into
effect of this by-law, the positions listed in Group B shall be elected
to a
three year term.
e) Thereafter the order shall be repeated; A,C,B, for each subsequent yearly election.
f) This election shall be held every year in November and shall be
known as the Executive Board Elections and it shall be in the sole charge
of
the Elections Committee as laid down herein.
i) Where an office vacated during its term is more
than one year to run, it shall be filled by a Mid-term election and the
position
obtained shall expire at the end of years.
ii) Where an office vacated during its term is less than
one year to run, it shall be filled by a Mid-term election and the office
obtained shall be for the remainder of the current year and for the following
three (3) years.
iii) An office may not be held for more than four (4)
years without an
election being held for the position.
2.
a) Election to the positions of delegates, observers and alternates,
disciplinary and Health and Safety Committees shall be held every
three (3) years according to the terms laid down herein, except where an
office is vacated during its normal term.
b) This election held every three (3) years at the third Union meeting
following the National Convention shall be known as the Union
Representative Election meeting and it shall be in the sole chair of the
election Committee as laid down herein.
c) All elected positions for Union Representatives shall be
for a three (3) year term except that when an office is vacated during
its normal term,
the following shall apply:
i) where a delegate, observer, Disciplinary Committee, Health
and Safety Committee, etc., position is vacated permanently, it shall
be filled by a Mid-term election.
ii) where a delegate, observer or alternate position is vacated
on an interim basis, the terms and conditions of Article 4 Sections 15,
16
and 17 shall apply.
3. Mid-term elections
shall be held at the next General meeting after a twenty (20) day notice
of election shall have bee posted by the Secretary Treasurer.
Such notice shall be posted within seven (7) days after the office is vacated.
4. The Union Representatives election meeting is a special meeting.
Section 2 Eligibility
1. All members in good standing shall be eligible for nomination except as laid down herein.
2. Where the position of President falls vacant, it shall be filled by the first Vice-President whose position shall be declared vacant.
3. Members standing
for the position of First Vice-President must affirm when accepting nomination
that they are willing to accept the position of President
in the event it should fall vacant.
Section 3 Nominations
1. Candidates for office or positions may be nominated for election through the following procedures:
a) In the case of Executive Board positions to be determined during the Executive Board election:
i) By submitting in writing, the name of the candidate together
with his/her written acceptance to the Secretary Treasurer. In this
case, the nomination
may be delivered in person or by any other form of security mail (i.e.:
register, priority courier, etc.) and in all cases must be received by
the
Secretary Treasurer prior to the General Union meeting immediately preceding
the Executive Board Election.
ii) Any member in good standing may be nominated for more than
one position providing the procedures as set forth in this Article
are complied with.
To be elected a candidate must achieve a 50% + 1 majority of the votes
cast and shall accept the highest ranked position won. If, in accepting
the
highest ranked position won, a candidate must forgo a lower ranked position
won, and that lower position will be re-opened to election for a run-off
election.
If no clear majority (50% + 1) is achieved on the first ballot, the candidates
with the least number of votes will be dropped from the ballot and the
two
candidates with the most votes will proceed to a run-off election.
b) In the case of all other elected positions filled by mid-term
election as
set out in these by-laws:
i) Nominations may be made by members from the floor of the meeting.
ii) By submitting in writing, the name of the candidate, together
with his/her acceptance to the Secretary Treasurer. In this case
the
nomination must be signed by two (2) nominators. It may be delivered
in person or by any form of security mail (i.e.: register,
priority courier etc.)
2. Nominations for office or position will be accepted up to the close of nominations for the office or position as set forth in these by-laws.
3. Each candidate
for office or position must signify his/her willingness to serve. This
shall be done verbally if the candidate is present, or in writing if not
in
attendance.
4. Any Candidate
defeated on a previous ballot may accept nomination for another office
or position providing such nomination conforms to the
procedures as laid down in these by-laws.
Section 5 Election Committee
1. An Election
Committee of five (5) persons and three (3) alternates shall be elected
at the September general membership meeting preceding the
Executive Board Election, the chairperson of which shall be decided amongst
themselves.
2. No member
of the Executive Board who is seeking election to the Executive Board shall
be eligible to serve on the Election Committee. Any member,
alternate or appointee on the Election Committee who seeks election to
the Executive Board shall relinquish their position on the Election Committee.
3. Where no member
s are willing to serve on the Election Committee or where no committee
members are willing to carry out the duties of the Election
chairperson, the President, in consultation with the vice-presidents and
the Secretary Treasurer, shall obtain the services of an officer from another
local
Union to act as Election chairperson. The cost of this service shall
be borne by the Local. Such officer shall be obtained from a member
union of the
Canadian Labour Congress.
4. Such chairperson shall be assisted by volunteers, the trustees and the Secretary Treasurer.
5. The Election
chairperson is empowered to appoint assistants should this be necessary.
In accordance with the by-laws governing the duties of members,
such assistance shall not be refused.
6. The Election
committee shall have charge of the Executive Board Elections, Special Election
Meeting, Executive Board Mid-term Elections and Run-off
Elections, subject only to the by-laws governing local elections, the National
Constitution and Bourinots Rules of Order.
7. No officer may over-rule the decision of the Chair.
8. The Election Committee,
assisted by the Secretary Treasurer and the
Trustees shall be responsible for the admission of members into the polling
station and Special Election meeting.
9. The Election
Committee shall ensure that each member signs the attendance register and
is issued with ballots upon entering the meeting hall or polling
station.
10. Members are permitted
to attend with children who are minors, no non- member shall be allowed
entry to the special Election meeting.
Section 5 - Voting
Procedures-Executive Board Election And Special Election Meetings
1. A notice of
motion shall be posted in each workplace by the Secretary Treasurer, twenty
(20) days prior to both the Executive Board Elections and
the Special Elections meeting, notifying members that nominations
shall be
received and elections held for each office.
2. The Secretary
Treasurer shall post a reminder notice one (1) week in advance of both
the Special Election Meeting and the Executive Board Elections which
shall state the following:
a) The time and place for balloting
b) The names of the nominees and the offices or positions for which they are standing.
3. Objections
to any nomination shall be presented to the Election Chairperson who shall
make a ruling based on the evidence presented. For this reason the
Secretary Treasurer shall ensure that the attendance book, Minutes and
Nominal Roll are present.
4. All elections shall be by secret ballot.
5. Set of numbered ballots shall be used and they shall be prepared by the Election Committee.
6. The Secretary Treasurer shall have on hand a check of list of all members entitled to vote.
7. The eligibility
of each member shall be verified upon entering the meeting or polling station
by the Election Committee, at such time he/she shall be issued a ballot
book,
and his/her attendance recorded on the check of list.
8. The ballot boxes will remain in the sight of the membership at all times.
9. It shall be
the members privilege to reject a ballot he/she may believe to be marked
and have it replaced; or the Election Chairperson shall call for a different
numbered ballot to be used.
10. It shall be the duty of the Election Chairperson to destroy any rejected ballots.
11. No voting by proxy, advance poll or absentee balloting shall be permitted.
12. a) The ranked order of Executive Board elections shall be as follows:
1. President
2. First Vice-President
3. Second Vice-President
4. Secretary Treasurer
5. Third Vice-President
6. Recording Secretary
7. Chief Shop Steward-Operations
8. Chief Shop Steward-City Services
9. Chief Shop Steward-Maintenance
10. Chief Shop Steward-RSMC
11. Sergeant At Arms
12. Organizing Officer
13. Education Officer
14. Executive Vice-President
For Executive Board Elections the voting will take place at one polling
station central to all work place locations with priority being given to
conduct such
a vote in a Union hall. The election shall take place on the first
Wednesday in November. The polling station shall be open from
5:30 a.m. to 1:30 a.m..
b) The order of elections of Union Representatives shall be as follows:
1. Trustees - three (