INDEX
ARTICLE 1: COMPOSITION AND AIMS
ARTICLE 4: DUES AND INITIATION FEES
ARTICLE 5: LOCAL EXECUTIVE COMMITTEE
ARTICLE 6: DUTIES of EXECUTIVE COMMITTEE & SHOP
STEWARDS
7.11 HEALTH AND SAFETY
COMMITTEE
7.15 PRESIDENT’S AUTHORITY TO
APPOINT
ARTICLE 9: NOMINATIONS AND ELECTIONS:
9.1 ELIGIBILITY OF A
CANDIDATE
9.2 ELECTION PROCEDURES FOR
EXECUTIVE POSITIONS
9.3 ELECTION PROCEDURES FOR
SHOP STEWARD POSITIONS
9.4 O.F.L.- C.L.C.
CONVENTIONS & CONFERENCES
9.5 AREA
COUNCILS & REGIONAL CONFERENCES & EDUCATION SEMINARS & NATIONAL
CONVENTION
ARTICLE 11: RULES AND PROCEDURES:
ARTICLE 12: DISCIPLINE, CHARGES AND APPEALS
ARTICLE 14: BY-LAWS OF THE LOCAL
ARTICLE
1: Composition and Aims:
1.1 Subject to and in accordance
with the provisions of the National Constitution of the CANADIAN UNION of
POSTAL WORKERS, the following By-Laws
shall apply to all members of the SCARBOROUGH LOCAL.
1.2 The name of the Union shall
be the CANADIAN UNION of POSTAL WORKERS, SCARBOROUGH LOCAL, 602, hereinafter
referred to as the Local.
1.3 The Local shall be
affiliated to the Ontario Federation of Labour and the Labour Council of
Metropolitan Toronto and York Region and Durham Region Labour Council and
should the boundaries change the affiliation will change accordingly.
1.4 The Local is composed of the
members as a whole. It is comprised of
a Local Executive Committee, which
shall consist of at least 10 members in good standing.
1.5 The members, at regular monthly Membership and Special meetings or by a referendum
vote are the Supreme Authority of the Local.
2.1 THE
OBJECTIVES OF THE LOCAL SHALL BE:
a) To improve the general well-being of its
members and, in particular the wages, hours of work, working conditions and the
integrity of the bargaining units for which the Union is recognized as the
bargaining agent.
b) To promote the fundamental principals of
Trade-Unionism and the improvement of conditions of all workers.
c) To defend the rights and benefits
acquired by the Union.
d) To encourage among its members the
development of and participation in consumer co-operatives and credit unions.
3.1 ELIGIBILITY FOR MEMBERSHIP:
Any
employee who does not perform managerial functions is eligible for membership
in the Union under the following conditions:
a) If he/she signs an application for
membership card;
b) If he/she undertakes to comply with the
Constitution and Policies of the Union and By-Laws
of the Local;
c) If he/she pays the initiation fee
subject to section (9.24) of the National Constitution;
d) If he/she is accepted by the Local at a General Membership meeting if possible.
3.2 RIGHTS AND DUTIES OF MEMBERS:
a) All members of the Union enjoy equal
rights and this, without discrimination;
b) The status of a member in good standing enables
the member in good standing to:
i) attend General
and Special meetings of the Union;
ii) vote at General
and Special meetings of the Union;
iii) vote on National Referenda;
iv) represent the Union or Local as a
delegate;
v) hold office in the Union;
vi) exercise any other rights afforded under
the National Constitution and By-Laws
of the Local.
c) Each member shall comply with the
Constitution and Policies of the Union and By-Laws of the Local. He/she shall pay monthly Union dues as
provided. He/she shall also pay without
delay any assessment imposed in accordance with the National Constitution.
3.3 LOSS OF STATUS OF MEMBER IN GOOD STANDING
& RE-INSTATEMENT:
a) A member shall no longer be a member in
good standing when:
i) such member has been suspended from
membership in accordance with the provisions of Article 8 of the National
Constitution;
ii) such member is in arrears of three
months or more in payment of Union dues and/or assessments;
iii) such member is performing managerial functions
on a temporary basis in a position outside the bargaining unit for which the
Union is the bargaining agent;
iv) a member who is not a member in good
standing may not exercise any of the rights afforded a member in good standing
under the Constitution and By-laws of
the Local or hold office in the Union or Local.
b) The Loss of member in good standing
status in accordance with the preceding section is automatic.
c) A member may be re-instated as a member
in good standing when:
i) the
suspension imposed has ended;
ii) the member has paid all arrears in
Union dues and/or assessments;
iii) such member has ceased to perform
managerial functions on a temporary basis in a position outside a bargaining unit
for which the Union is the bargaining agent.
d) A member who wishes to be reinstated as
a member in good standing shall notify the Local. The Local shall ensure that the conditions provided for in the
preceding section have been fulfilled.
When they have been fulfilled, the member is re-instated as a member in
good standing.
However, a member who has lost
his/her status as a member in good standing because of his/her suspension from
membership in the Union may be registered again as a member in good standing
prior to the end of his/her suspension under the conditions determined by the
Local.
3.4 LOSS OF STATUS OF MEMBER AND READMISSION:
a) An employee shall no longer be a member
of the Union when:
i) such
person is no longer an employee as defined under section
3.1;
ii) such
Employee resigns from the Union;
iii) such employee is expelled from the Union
in accordance with the provisions of Article 8 of the National Constitution;
iv) such person is no longer an employee in
a bargaining unit for which the Union is certified or on behalf of which the
Union is seeking certification.
Any employee who is no longer a
member shall lose all rights related to such status.
b) The loss of member status in accordance
with the preceding section is automatic.
c) Any employee who has previously been a
member in good standing of the Union may be readmitted as member in good
standing provided such employee complies with the provisions of section 3.1 and fulfils the other conditions which
may be required by the National Constitution or the Local.
d) When the employee requesting to be readmitted
as a member in good standing had been expelled from the Union, such employee
shall pay a readmission fee as determined by the Local; but this shall be at
least $40.00 and at most $300.00.
e) The Local may, with respect to the
readmission of an employee to member in good standing, impose any particular
condition, which it shall deem appropriate.
When any particular condition is placed on the readmission of an
employee to member in good standing the entire case must be forwarded to the
National Executive Board for revision or acceptance.
f) Subject to revision by the National
Executive Board, readmission of an employee to member in good standing is left
entirely to the discretion of the Local.
However, the Local shall take into consideration the following factors:
i) the
reason for which the employee ceased to be a member in good standing;
ii) the
employee's attitude towards the Union and the Local prior to ceasing to be a
member in good standing and since such employee ceased to be a member;
iii) when
the employee involved had been expelled, the seriousness of the grounds for
such expulsion and all extenuating and aggravating circumstances, together with
the period of time elapsed since the employee's expulsion.
3.5 LIFETIME MEMBERSHIP STATUS
a) The National Executive Board may, on
the recommendation of a Local, give to a member in good standing of such Local
who retires, the status of lifetime member.
The only rights enjoyed by a lifetime member of the Union are attendance
at his/her Local membership meetings and voice at such meetings. A lifetime member is exempted from the
payment of Union dues.
b) If the National Executive Board rejects
the recommendation of a Local to grant lifetime membership to a retired member,
then it shall supply the Local with written reasons for its decision.
ARTICLE
4: Dues and Initiation Fees:
4.1 a) A percentage of the monthly dues rebate
from National to Scarborough Local, equal to the total sum of one dollar
($1.00) per member, be deposited into a Special Route Structure Account, and;
b) The Union dues for the Local shall be
equivalent to those set Nationally, plus five dollars ($5.00) per member per
month.
4.2 The Local shall require any new
member to pay an initiation fee of five dollars ($5.00) subject to section 9:24
of the National Constitution. The
initiation fee is to be the property of the Local.
4.3 Upon written request of a
member, the Local may allow a member who is in arrears in the payment of
his/her Union dues and/or assessments to remain a member in good standing when
the member is not working due to illness, accident, leave of absence without
pay or suspension or dismissal imposed by the employer and does not have
sufficient resources to support himself/herself and his/her family, such
waiving of dues must be approved by the members gathered at a General Membership meeting.
ARTICLE
5: Local Executive Committee:
5.1 The Local Executive Committee (hereinafter
referred to as the Executive Committee)
shall consist of at least ten (10) officers: PRESIDENT,
1ST VICE-PRESIDENT, 2ND VICE-PRESIDENT, 3RD VICE-PRESIDENT, 4TH VICE-PRESIDENT, VICE-PRESIDENT AT LARGE, GRIEVANCE OFFICER, SECRETARY-TREASURER,
1ST UNION REPRESENTATIVE, 2ND UNION REPRESENTATIVE, ROUTE STRUCTURE OFFICER AND TECHNICAL
ASSISTANT.
5.2 The Executive Committee Shall:
a) Be responsible for the direction and administration
of the Local in line with the orientation decided by the members according to
the National Constitution, the resolutions adopted at regular meetings or the
mandates via referendum;
b) Have the obligation to enforce the
National Constitution;
c) Be responsible for all representations
before the employer;
d) Be responsible for all public statements
of the Union at the Local level;
e) Receive and study all reports and other
matters concerning the welfare of the Union duly referred to it;
f) Be the only one responsible to make
recommendations to the members or to take decisions in line with the
Constitution and Policies of the Union unless otherwise stated in the National
Constitution;
g) Have the obligation to meet prior to a Regular Membership Meeting;
h) Work to spread the most complete
understanding possible of the Union's policies, the nature of the Union's
struggle and all other matters concerning the Union and the Trade Union movement
in general;
I) Be responsible for the implementation
of the Union's Policies in matters of organization, preparation of strike
structures, recruiting or any other organizational campaign launched by the
National Executive Board;
j) Establish and maintain communications
between the members and the main organisms of the Union;
k) Be responsible for the Local Education
Program;
l) Inform the members and promote Union
Education through bulletins, communiques and any other adequate means;
m) Be responsible for the orientation,
preparation and distribution of all publications intended for members;
n) Have the right to recommend that a
particular grievance be referred to arbitration, through the Regional Executive
Committee.
5.3 All Local Officers shall be
elected by the general membership and belong to the Local Executive Committee. All permanent
full time members of the staff of the Local who serve the membership shall also
be elected by the general membership and belong to the Local Executive
Committee.
5.4 All Local Officers and Executive Committee members must be
members in good standing on the date of election and remain in good standing
during their term of office.
5.5 The Local By-Laws shall
provide the election procedures for the Local
Executive Committee.
5.6 A minimum of two-thirds
(2/3) majority of voting members of the Local
Executive Committee shall be required as a quorum for transaction of any
business at the Executive Committee meetings.
5.7 No member shall hold more
than one office, but any member of the Local
Executive Committee could replace a steward in his/her absence.
5.8 a) Should
a vacancy occur in the position of President, the 1st. Vice-President shall automatically become
the President until an election is held.
b) Should a member of the Local Executive Committee seek election to
a position in line with this section, they will be deemed to have resigned
their present position effective the date of election and their current
position shall be filled in line with section c)
below.
c) At the first General Membership Meeting following the vacancy
in the position of any Local Executive
Committee members, nominations will be held and within thirty (30) days of
nominations elections will be held.
d) However should a General Membership meeting not be scheduled
within thirty (30) days of the date of vacancy, a Special
meeting shall be called for that purpose.
ARTICLE
6: Duties of the Executive Committee and Shop Stewards
The Local President
shall:
a) Be the senior Officer of the Local;
b) Be an elected Full-time Officer and
voting member of the Executive Committee;
c) Have the responsibility for the enforcement
of the Constitution and Policies of the Union;
d) Be responsible for grievances in the
Local;
e) Be responsible for Local
Union-Management meetings;
f) Implement the decisions of the members
assembled at General Meetings or by referendum;
g) Have the right to look into any matter
falling under the jurisdiction of the Union at the Local level and take
measures to ensure that all Local Officers and members comply with the
obligations and duties of their positions;
h) Interpret the Local By-Laws and his/her interpretation
shall be maintained unless it is contested and such contest is supported by the
majority of the members of the Executive
Committee or by the majority of the members assembled at a General Membership meeting;
i) Take initiatives for the good and
welfare of the Union on matters not provided for in the Local By-Laws, subject to the approval of
the members;
j) Co-ordinate the work of all Local
Officers;
k) Chair the meetings of the Executive Committee, the permanent
committees and any other Committee, as well as General
Membership meetings;
l) Impose, as a policy of the Union, the
rule according to which no Local Officer may meet alone with a representative
of the employer to discuss Union matters;
m) Ensure the implementation of the Union's
Policies in all representations before the employer at the Local Level;
n) Be responsible for public relations at
the Local Level;
o) Report to the members on the decisions
and recommendations of the Executive
Committee;
p) Have the authority to appoint such
committees as are necessary and which are not provided for elsewhere in these By-Laws, such appointments to be ratified
by the next General Membership meeting;
q) Be an ex-officio member of all
committees;
r) Keep the Executive Committee informed on all
activities between the Local and National Headquarters of the CANADIAN UNION of
POSTAL WORKERS;
s) i) the
event no Union Steward is elected by the membership
or where it is in the best interest of the membership have the authority to
temporarily appoint Union Stewards. Such temporary appointment shall first be
approved by the majority of the members of the Executive Committee;
ii) as soon as possible, following the
temporary appointment of a shop steward
he\she shall arrange for a ratification vote by the members of the particular
installation or shift following which the appointment shall be for the duration
of the term of office.
t) Co-sign all cheques drawn on the
account of the Local;
The Local 1st.
Vice-President shall: