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INDEX

 

ARTICLE 1:        COMPOSITION AND AIMS

ARTICLE 2:        OBJECTIVES

ARTICLE 3:        MEMBERSHIP

ARTICLE 4:        DUES AND INITIATION FEES

ARTICLE 5:        LOCAL EXECUTIVE COMMITTEE

ARTICLE 6:        DUTIES of EXECUTIVE COMMITTEE & SHOP STEWARDS

6.1                         PRESIDENT

6.2                         1st. VICE-PRESIDENT

6.3                         2nd. VICE-PRESIDENT

6.4                         3rd. VICE-PRESIDENT

6.5                         4th. VICE-PRESIDENT

6.6                         SECRETARY-TREASURER

6.7                         GRIEVANCE OFFICER

6.8                         ROUTE STRUCTURE OFFICER

6.9                         VICE-PRESIDENT at LARGE

6.10                      TECHNICAL ASSISTANT

6.11                      SHOP STEWARD

6.12                      CHARTER

6.13                      REDUCE OFFICE STAFF

6.14                      TRANSITION PERIOD

6.15                      EXECUTIVE COMPOSITION

ARTICLE 7:        COMMITTEES:

7.1                         TRUSTEE COMMITTEE

7.2                         LEGISLATIVE COMMITTEE

7.3                         ORGANIZATION COMMITTEE

7.4                         EDUCATION COMMITTEE

7.5                         NEWSPAPER COMMITTEE

7.6                         GRIEVANCE COMMITTEE

7.7                         DISCIPLINARY COMMITTEE

7.8                         ELECTION COMMITTEE

7.9                         BY-LAWS COMMITTEE

7.10                      ENTERTAINMENT COMMITTEE

7.11                      HEALTH AND SAFETY COMMITTEE

7.12                      WOMEN'S COMMITTEE

7.13                      HUMAN RIGHTS COMMITTEE

7.14                      OTHER COMMITTEES

7.15                      PRESIDENT’S AUTHORITY TO APPOINT

ARTICLE 8:        FINANCE:

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 10:      MEETINGS

ARTICLE 11:      RULES AND PROCEDURES:

ARTICLE 12:      DISCIPLINE, CHARGES AND APPEALS

ARTICLE 13:      GENERAL

ARTICLE 14:      BY-LAWS OF THE LOCAL

14.1                      PROPOSED CHANGES

14.2                      LOCAL DRAFT VERSION

14.3                      ADOPTED BY THE LOCAL

14.4                      NULL & VOID

14.5                      REFERENDUM VOTE

 

 


 

C.U.P.W. SCARBOROUGH LOCAL BY-LAWS

 

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.

 

 

ARTICLE 2: Objectives:

 

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.

 

 

ARTICLE 3: Membership:

 

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

 

6.1       PRESIDENT:

 

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;

 

6.2       1st. VICE-PRESIDENT:

 

The Local 1st. Vice-President shall:

 

a)         Be an elected Part-time Officer and voting member of the Executive Committee;

 

b)        Assist the Local President in the performance of his/her duties;

 

c)         Replace the President in his/her absence, in which case he/she shall exercise full power;

 

d)        Chair in the absence or at the request of the President;

 

e)         Sign cheques along with the Secretary-Treasurer in the Presidents absence;

 

f)          Be a member of the Health and Safety Committee and direct their work;

 

6.3       2nd. VICE-PRESIDENT:

 

The Local 2nd. Vice-President shall:

 

a)         Be an elected Part-time Officer and voting member of the Executive Committee;

 

b)        Be responsible for the appointment of a tyler to be responsible for the attendance book for all purposes;

 

c)         Be responsible for the appointment of a sergeant at arms who shall be responsible for the removal of member not in good standing and/or those who commit acts of misconduct at a meeting;

 

d)        Be a member of the Education Committee and direct their work;

 

e)         Be responsible for the implementation of all Education Programs in the Local in conjunction with the Executive Committee;

 

f)          Advise and assist the Local President on matters relating to internal mail processing and complementary postal services as required.

 

6.4       3rd. VICE-PRESIDENT:

 

The Local 3rd. Vice-President shall:

 

a)         Be an elected Part-time Officer and voting member of the Executive Committee;

 

b)        Be a member of the Organization Committee and direct their work;

 

c)         Be responsible for the implementation of all Organization Programs and Campaigns in the Local in conjunction with the Executive Committee;

 

d)        Advise and assist the Local President on matters relating to mail delivery and transportation as required;

 

e)         Assist the other Executive Officers as need be.

 

6.5       4th. VICE-PRESIDENT:

 

The Local 4th. Vice-President shall:

 

a)         Be an elected Part-time Officer and voting member of the Executive Committee;

 

b)        Be a member of the Legislative Committee and direct their work;

 

c)         Advise and assist the Local President on matters relating to Admail Carriers and any other groups of employees organized by the Union;

 

d)        Advise and assist the Local Secretary-Treasurer on matters relative to term and casual usage;

 

e)         Assist the other Executive Officers as need be.

 

6.6       SECRETARY-TREASURER

 

The Local Secretary-Treasurer shall:

 

a)         Be an elected Full-time Officer and voting member of the Executive Committee;

 

b)        Be responsible for all official documents of the Local;

 

c)         Be responsible for the Locals correspondence and shall convey it to the Executive Committee and the General Membership meetings;

 

d)        Keep a record of the discussion of the Executive Committee and General Membership meetings;

 

e)         Be entrusted with the funds of the Local, approve all cheques to be signed for expenses authorized under the National Constitution, the resolutions passed at meetings, deposit immediately all monies he/she receives on behalf of the Local and sign cheques along with the President or in his/her absence, the 1st. Vice-President;

 

f)          Be responsible for bookkeeping records of the Local and keep them ready for submission to the Local Trustees at least four times per fiscal year;

 

g)        Prepare an annual financial report which is submitted to the Executive Committee and the General Membership meetings and a copy of this report is sent to the National Secretary-Treasurer and the National Director;

 

h)        Present a report on the state of the Locals' finances to the General Membership meetings and he/she shall, at least every two (2) months, submit a financial report to the National Director;

 

i)          Keep an up-to-date mailing list of the membership;

 

j)          Establish an adequate filing system for the Secretariat and Treasury;

 

k)         Establish and maintain an efficient system for the membership control and check-offs;

 

l)          Be responsible for all communications to Local Officers;

 

m)       Prepare notices of all General Membership meetings and arrange to distribute and post such notices at least ten (10) days prior to such meetings;

 

n)        Not issue any cheques in payment of any account not provided for in the budget or authorized by the Local By-Laws or National Constitution, unless approved by the majority of the Executive Committee.  Such payment shall be subject to ratification at the next General Membership meeting of the Local;

 

o)        Not pay any money without a bill or signed voucher;

 

p)        Forward the per capita tax quarterly for each member not on check-off who is in good standing and also a list of suspended or expelled members to the National Secretary-Treasurer;

 

q)        Be responsible for per capita tax on all members in good standing, including those members not on the check-off who pay dues Locally;

 

r)         Be responsible for the nominal list for the membership of the Local.

 

s)         Prepare a monthly report on 4.1 paragraph a) which will be submitted to the Local Executive Committee and to the General Membership Meeting and a copy of this report be sent to the Local Route Structure Officer.

 

6.7       GRIEVANCE OFFICER:

 

The Local Grievance Officer shall:

 

a)         Be an elected Full-time Officer and voting member of the Executive Committee;

 

b)        In conjunction with the President, he/she shall be responsible for all grievances and appeals within the Local;

 

c)         Shall be responsible for the hearing of all grievances within the Local;

 

d)        Call a meeting of all Shop Stewards at least once (1) every month;

 

e)         Ensure that all Shop Stewards carry out their functions and responsibilities in a dignified manner;

 

6.8       ROUTE STRUCTURE OFFICER:

 

The Local Route Structure Officer shall:

 

a)         Be an elected Part-time Officer and voting member of the Executive Committee;

 

b)        Oversee all Work Structures within the Local;

 

c)         In conjunction with the Local 2nd. Vice-President, assist in educating as many members as possible in the area of route structure;

 

d)        Assist the other Executive Officers when not involved in Route Structure.

 

6.9       VICE-PRESIDENT AT LARGE:

 

The Local Vice-President at Large shall:

 

a)         Be an elected Full-time Officer and voting member of the Executive Committee;

 

b)        In conjunction with the Local President oversee and direct the work of all Local Officers;

 

c)         Assist the Grievance Officer in preparation and hearing of regular arbitrations;

 

d)        In conjunction with the other Full-time Officers, assist in the areas of grievance\arbitrations, employee benefits, Worker's Compensation or otherwise as required.

 

6.10    TECHNICAL ASSISTANT:

 

The Local Technical Assistant shall:

 

a)         Be an elected Full-time Officer and voting member of the Executive Committee.

 

b)        Assist the Secretary-Treasurer in the area of staffing.

 

c)         Co-ordinate with the Grievance Officer to ensure all staffing violations are policed;

 

d)        Assist all other Full-time Officers as required.

 

6.11    LOCAL SHOP STEWARD:

 

The Local Shop Steward shall:

 

a)         Be the link between the Executive Committee and the members of his/her work shift;

 

b)        Promotes the polices of the Union and enforces the National Constitution and decisions of the members taken at National Convention, through a referendum or at a General Membership meeting;

 

c)         Ensures a strong Union presence on his/her work shift;

 

d)        Enforces the Collective Agreement;

 

e)         Regularly informs the members of the decision of a General Membership meeting, the activities of the Union, the Union publications and any other item of interest for the Union and well-being of the membership;

 

f)          Promotes the objectives of the Union and those of the Labour movements in general;

 

g)        As advisor for the workers, defends the interests of the members he/she represents, in all cases;

 

h)        Keeps the Local President advised at all times on all problems, complaints and grievances among the membership;

 

6.12    It shall be the duty of the Senior Officers of the Local becoming dissolved to deliver the Charter and other property of the National Headquarters and shall be responsible for all dues in arrears.  The Charter and other property received from the dissolved Local shall be restored in the event of its being reorganized.

 

6.13    If, it is no longer financially possible to maintain the current number of full-time officers, then:

 

a)         The Full-time Executive Officers shall be converted to Part-time in the following order:

 

i)          technical assistant

 

ii)         vice-president at large

 

iii)        secretary-treasurer;

 

iv)        grievance officer;

 

v)         president.

 

b)        Where practicable in the application of paragraph (a) above, every effort shall be made to convert Full-time Officers to Part-time/Full-time rather than Part-time.

 

c)         The decision to convert a Full-time Officer shall be made by a referendum vote of the membership.

 

6.14    An outgoing Local Officer may, at the discretion of the Local Executive Committee, remain on staff for a period of up to thirty (30) working days to ensure continuity of services and assist incoming Officers.

 

6.15    Prior to the Triennial elections for Executive positions, the Local By-laws Committee shall meet to review and revise the composition of the Local Executive Committee taking into consideration financial status of the Local, membership strength of the Local and the requirement to maintain effective representation to the membership.

 

 

ARTICLE 7: Committees:

 

7.1       TRUSTEE COMMITTEE:

 

a)         The Local shall establish a Trustee Committee to be comprised of three (3) members in good standing of the Local.

 

b)        These members are to be elected biennially at the General Membership meeting in June.

 

c)         The Trustees shall be generally responsible for the inspection of the finances and assets of the Union.

 

d)        Any Trustee shall have the right to require an immediate and detailed accounting of any financial transaction carried out by the Union or in its' name.

 

e)         This committee is to meet quarterly August, November, February and May.

 

f)          The Committee shall present a written report to the next General Membership meeting following each verification.

 

g)        Include in its' report statements respecting funds and accounts, number of members in good standing, audited membership, audited check-offs and all other information deemed necessary for a good and sound management of the Union;

 

h)        The members of the Executive Committee are not eligible to hold a Trustee Committee position.

 

7.2       LEGISLATIVE COMMITTEE:

 

a)         The Local shall establish a Legislative Committee to be comprised of four (4) members in good standing of the Local.

 

b)        The Committee shall be elected biennially at the General Membership meeting in March.

 

c)         This Committee shall work in collaboration with the National Chief Steward and National Director to obtain Legislative amendments.

 

d)        The Committee shall be responsible for informing the Local membership of pertinent Legislation and its' effects on the membership of the Union.

 

7.3       ORGANIZATION COMMITTEE:

 

a)         The Local shall establish an Organization Committee to be comprised of six (6) members in good standing of the Local.

 

b)        The members shall be elected biennially at the General Membership meeting in May.

 

c)         The Committee works under the responsibility of the Executive Committee and in collaboration with the Regional Executive Committee and the 1st. National Vice-President.

 

d)        Its' function shall include the recruiting of members and the preparation of the Strike structures. It deals with any other organization campaign launched by the National Executive Board.

 

7.4       EDUCATION COMMITTEE:

 

a)         The Local shall establish an Education Committee to be comprised of four (4) members in good standing of the Local.

 

b)        The members shall be elected triennially at the General Membership meeting held in October.

 

c)         The Education Committee Duties shall be:

 

i)          to help prepare and implement the Local Education Program;

 

ii)         to help co-ordinate Union Education at the Local Level;

 

iii)        to work in the field of education on promoting the fullest understanding of Union Policies, the nature of the Struggle of the Union and all other matters of concern to the Union and to the labour movement in general.

 

iv)        this Committee shall work under the direction of the Local 2nd. Vice-President.

 

7.5       NEWSLETTER COMMITTEE:

 

a)         The Local shall establish a Newsletter Committee to be comprised of six (6) members in good standing of the Local.

 

b)        These members are to be elected biennially at the General Membership meeting in April and the Committee shall elect a chairperson who shall act as editor.

 

c)         Before publication and distribution, the Committee and the Executive Committee shall meet to review the draft of the newsletter.

 

d)        The Committee shall have the right to use all Local property to communicate with the Local Membership.

 

e)         Any expenses in addition to regular publishing costs must have prior authorization by the Executive Committee.

 

f)          The newsletter distribution shall be the responsibility of the Chairperson of the Newsletter Committee and finances shall be provided for such a distribution.

 

7.6       GRIEVANCE COMMITTEE:

 

a)         The Local shall establish a Grievance Committee to be comprised of the members of the Executive Committee.

 

b)        The Committee shall review all grievances prior to their submission and proceed with those that are Collective Agreement Violations.

 

c)         The Committee shall respond to and fully explain the reasons why any particular grievance is rejected.

 

d)        The Committee shall study the results of all grievances and arbitrations and keep the membership updated.

 

e)         A quorum of three (3) members shall be required for transaction of any business of this Committee.

 

7.7       DISCIPLINARY COMMITTEE:

 

a)         The Local shall establish a Disciplinary Committee to be comprised of three (3) members in good standing of the Local.

 

b)        i)          two (2) of the members shall be elected from the rank and file membership, triennially, at the General Membership meeting in November.

 

ii)         two (2) alternates shall be elected from the rank and file membership, triennially, at the same time.

 

c)         The third member shall be appointed, at the same time, by the Executive Committee of the Local and shall act as Chairperson of the Committee.

 

7.8       ELECTION COMMITTEE:

 

a)         The Local shall establish an Election Committee to be comprised of six (6) members and two (2) alternates in good standing of the Local.

 

b)        These members shall be elected biennially at the General Membership meeting in November.

 

c)         The Committee shall elect among themselves a chairperson who shall vote and also cast the deciding vote in the event of a tie.

 

d)        The Committee shall be responsible for:

 

i)          conducting the nominations;

 

ii)         the printing and distribution of ballots;

 

iii)        scrutinizing the vote;

 

iv)        counting the ballots and advising the Secretary-Treasurer of the results.

 

e)         The Committee shall also be responsible for scrutinizing and counting all other votes, e.g. National Referendums, wage and contract votes, strike votes, etc.

 

f)          No member of the Election Committee shall be eligible to run for Local Executive Office.

 

7.9       BY-LAWS COMMITTEE:

 

a)         The Local shall establish a By-Laws Committee to be comprised of the Executive Committee and an equal number plus one of rank and file members in good standing of the Local, to be elected at the first General Membership meeting following the National Convention.

 

b)        The By-Laws Committee will meet after the National Constitution amendments are available to bring the Local By-Laws in line with the National Constitution.

 

c)         The By-Laws Committee will meet in the spring prior to the triennial Local Elections to review the structure of the Executive Committee for the next term of office.

 

7.10    ENTERTAINMENT COMMITTEE:

 

a)         The Local shall establish an Entertainment Committee to be comprised of six (6) members in good standing of the Local.

 

b)        These members are to be elected biennially at the General Membership meeting in February.

 

c)         The Committee shall be responsible for arranging social and sporting events for the members and their families.

 

d)        This Committee shall be financially self supporting.  Union funds may not be used by this Committee.

 

7.11    HEALTH AND SAFETY COMMITTEE:

 

a)         The Local shall establish a Health and Safety Committee comprised of five (5) members in good standing of the Local plus two (2) alternates.

 

b)        This Committee shall be divided into two (2) Sub-Committees with their areas of responsibility to be as follows:

 

i)          Stations & Depots;

 

ii)         York Distribution Centre.

 

c)         Two (2) members and one (1) alternate for each Sub-Committee shall be elected biennially at the General Membership meeting in May.

 

d)        The 1st. Vice-President shall be the 3rd member of each Sub-Committee and shall chair all meetings of the Sub-Committees and the Committee as a whole.

 

e)         The alternate to each Sub-Committee shall replace a Committee member who is unable to attend any meetings with the employer and shall attend all Local meetings of the Health and Safety Committee.

 

f)          The Committee shall be responsible for all aspects of Health and Safety within the Local.

 

7.12    WOMEN'S COMMITTEE:

 

a)         The Local shall establish a Women's Committee comprised of 4 members in good standing of the Local plus all women holding Executive positions within the Local.

 

b)        These members are to be elected biennially at the General Membership meeting held in January.

 

c)         The Local Women's Committee function shall be to study issues and concerns affecting women and shall make recommendations to the Local Executive Committee on:

 

i)          involvement of women in the Union with the goal of full participation of women in all levels of the union;

 

ii)         the education of the membership on equality issues facing women;

 

iii)        the situation of women in the Post Office and ways to improve it.

 

d)        The Local Women's Committee shall maintain an ongoing communication with the National Women's Committee regarding matters which are of concern to the Women's Committees of the Union.

 

7.13    HUMAN RIGHTS COMMITTEE:

 

a)         The Local shall establish a Human Rights Committee comprised of 4 members in good standing of the Local representing workers of colour, the disabled, lesbians and gays and aboriginals.

 

b)        The four (4) members shall be appointed by the Local Executive Committee after having issued a call to express interest and every effort shall be made to ensure all four (4) work groups are represented on this committee.

 

7.14    Other Committees shall be established as required to deal with specific matters.  The terms of reference shall be established by the Executive Committee.

 

7.15    The President of the Local shall have the authority to appoint Committee members where required, subject to the approval of the Executive Committee.  Such  appointments shall be subject to ratification by the General Membership at the next meeting.

 

7.16    Where Local Committees cannot be established the responsibility for such Committees becomes the jurisdiction of the Local Executive Committee.

 

ARTICLE 8: Finance:

 

8.1       The Local must use National rebate funds for Union purposes only.

 

8.2       Union dues shall be the same for all members and/or employees, whether they are full-time or part-time.

 

8.3       The Local shall not pay any special allowance in any form whatsoever, nor pay wages of official delegates attending the National Convention.

 

8.4       The President, 1st Vice-President and the Secretary-Treasurer are the only Officers who have the authority to sign cheques.

 

8.5       A fund of five thousand dollars ($5,000) is to be set aside to cover Local expenses incurred in the event of an industrial dispute or National Strike.

 

8.6       In the event of a members' death, or death in the members' immediate family (Wife, Husband, Son, Daughter, Father, Mother) flowers or a special request not to exceed fifty dollars ($50.00) excluding taxes and service charges will be sent or donated.

 

8.7       No donations are to be made to charitable organizations or political parties or causes.

 

8.8       Donations to other Unions, seeking financial assistance in time of need, may be made.  These donations are not to exceed five hundred dollars ($500.00).  All donations of this nature are subject to approval at a General Membership meeting by a majority vote.

 

8.9       Any authorized leave of absence without pay for Union business shall be fully paid to the Executive Officers or members at their going rate of pay.  Such payments are not to be made in the event the Executive Officer or member receives pay from another source.

 

8.10    Where travel on Union business is authorized and an expense is incurred, a mileage expense of twenty-six ($0.26) per kilometre shall be paid unless it is deemed economically advantageous to rent a vehicle.

 

8.11    The Local is not chartered to loan money and the facilities are not geared for the service.

 

8.12    a)         Full-time Officers of the Local shall be paid a salary equivalent to their substantive rate of pay and shall be entitled to any benefits derived from the Collective Agreement.

 

            b)        The Route Structure Officer or any member of the Local working on behalf of the Local on a volume count or route restructure exercise shall not suffer any loss in wages for the period of time he/she is off working for the Local. Such loss shall include householder allowances whether householders are in the system or out of the system.  These funds shall come out of the Route Structure Account.

 

8.13    Full-time Officers shall be entitled to any fringe benefits derived from the Collective Agreement and those accorded full-time Officers as per the National Constitution, excluding those provided for in section 7.43 of the National Constitution.

 

8.14    There will be no expenses or lost wages paid without a receipt or signed voucher.

 

8.15    HONORARIUMS FOR EXECUTIVE OFFICERS & SHOP STEWARDS:

 

a)         FULL-TIME EXECUTIVE OFFICER:

 

For services rendered, full-time Officers of the Local shall be paid an honorarium based on three dollars ($3.00) per member (Maximum 1000 members) per year.

 

Full-time Officers' honorarium to be paid on a bi-weekly basis.

 

b)        PART-TIME EXECUTIVE OFFICERS:

 

For services rendered, part-time Officers shall be paid an honorarium based on one dollar ($1.00) per member (Maximum 1000 members) per year.

 

i)          part-time officers' honorarium shall be paid on the 15th day of every month.

 

ii)         in order to qualify for an honorarium a part-time officer must have devoted a minimum of 10 hours service per month to the Local Office.

 

c)         SHOP STEWARD:

 

i)          shop stewards' for services rendered shall be paid an honorarium of one hundred dollars ($100.00) per year (Prorated on a monthly basis).

 

ii)         an additional honorarium of two hundred and fifty ($250.00) dollars shall be paid to Shop Stewards who have signed the attendance book and attended 50% of all scheduled Shop Steward meetings and demonstrated service to the membership has been provided (Prorated on a monthly basis).

 

iii)        shop stewards' honorarium are to be paid during the month of December.

 

8.16    a)         The Secretary-Treasurer shall prepare a forecast budget for the following fiscal year to be presented to the General Membership.

 

b)        A financial report shall be prepared and presented to the General Membership at each monthly meeting.

 

8.17    In the event of unforeseen expenditures the Secretary-Treasurer shall make the necessary adjustments in the Financial Structure of the Local.  These changes are subject to the approval of the General Membership.

 

8.18    OTHER PROVISIONS - Real Property

 

a)         The Local can purchase, transfer, sell and mortgage real property. The real property of the Local may be held and administered by the Local Executive Committee or by a building corporation or a trustee as determined by the Local Executive Committee. However, all real property shall at all times be used, administered, transferred, mortgaged and sold as decided and directed by the Local Executive Committee.

 

b)        Notwithstanding section 8:18(a) above, any decision by the Local Executive Committee to purchase, transfer, sell or mortgage real property shall adhere to the following criteria:

 

i)          such property shall be restricted to one location and shall be of sufficient size to provide office space for the officers and assets of the Local, and;

 

ii)         if feasible such real property shall be sufficient size to accommodate meetings of the Local membership, the shop steward body, committees, etc, and;

 

iii)        if feasible such real property shall be sufficient size to allow for facilities for recreational use by the membership and their families, and;

 

iv)        should such real property be sufficient size to accommodate the provisions of 8:18(b) (ii) & (iii) above, where practicable, the Local Executive Committee shall be authorized to make such space available for rent when it is not required by the Local or its' members, and;

 

v)         financing for such real property shall be achieved solely through existing Local assets plus anticipated revenues from Local dues based on the rebate of National Dues as stipulated in the C.U.P.W. National Constitution and the existing Local assessment, as outlined in article 4.1 (b) and there shall be no increase in the assessment to purchase said real property.

 

 

ARTICLE 9: Nominations and Elections:

 

9.1       ELIGIBILITY OF A CANDIDATE:

 

In order to be eligible as a candidate in any Local Election (Executive Officer, Committees, Delegates, etc.):

 

a)         i)          the nominee must be a member in good standing of the Local and have attended 50% of all scheduled General Membership meetings in the previous 12 months or have served the Union on a full time basis as an elected Representative or Committee member at the Regional or National Level, and;

 

ii)         to be eligible as a candidate for Shop Steward the nominee shall be a member in good standing.

 

b)        Members required to work on behalf of the Local, Regional or National Union when a meeting is scheduled, shall be deemed to have attended the meeting for the purposes of determining 50% attendance.

 

9.2       ELECTION PROCEDURES FOR EXECUTIVE POSITIONS:

 

a)         i)          Nominations for all Executive positions shall be held triennially at the General Membership meeting held in September, and;

 

ii)         after the year 1999, nominations for all Executive positions shall be held triennially at the General Membership meeting held in February.

 

b)        i)          The Election Committee shall conduct the elections as they see fit between the 15th day and 22nd day of October, and;

 

ii)         after the year 1999, the Election Committee shall conduct the elections as they see fit between the 15th day and 22nd day of March.

 

c)         i)          The incoming Executive shall assume office on the first Monday of November, and;

 

ii)         after the year 1999, the incoming Executive shall assume office on the first Monday of April.

 

d)        Following nominations for the Executive Committee positions.  A special edition of the Local Newspaper shall be published and distributed prior to the elections.  Each candidate for office shall be allotted equal space in this Special Edition for the purposes of campaigning.

 

e)         Effective with the adoption of Local By-Laws, the positions of Vice-President at Large, Technical Assistant, 1st Vice-President, 3rd Vice-President and Route Structure Officer shall be elected to a term of office to expire April 1, 2001, subsequent elections for these five (5) positions shall be held triennially.

 

f)          Effective with the adoption of Local By-Laws, the positions of President, Grievance Officer, Secretary-Treasurer, 2nd. Vice-President and 4th. Vice-President shall be elected to a term of office to expire March 31, 2002, subsequent elections for these five (5) positions shall be held triennially.

 

9.3  ELECTION PROCEDURES FOR SHOP STEWARD POSITIONS:

 

a)         Nominations for all Shop Stewards shall take place annually during the month of December.

 

b)        Elections for all Shop Stewards shall take place annually following nominations and in all cases must be concluded by the 15th day of January.

 

c)         In the event of a vacancy in the position of Shop Steward, the President shall take action to have an election held within fifteen (15) days.

 

d)        In the event of any problems arising which makes an election at the station/installation impossible, the President shall make alternate arrangements.

 

9.4       O.F.L. - C.L.C. CONVENTIONS & CONFERENCES:

 

a)         The Delegates shall be members in good standing of the Local and elected at the General Membership meeting prior to the submission due date for credentials of the Conventions or Conferences.

 

b)        Prior to the nominations the Executive Committee shall make a recommendation to the General Membership meeting relative to delegate strength.  Taking into consideration the need of participation and the financial impact on the Local.

 

9.5       AREA COUNCILS & REGIONAL CONFERENCES & EDUCATION SEMINARS & NATIONAL CONVENTION:

 

a)         The Delegates shall be members in good standing of the Local and elected at the General Membership meeting after receiving Official Notice of the scheduled Area Council, Regional Conference, Education Seminar or National Convention.

 

b)        Where lost wages may be incurred, prior to nominations, the Local Secretary-Treasurer shall advise the General Membership meeting of the availability of funds to cover such lost wages.  The General Membership meeting shall make a decision on whether reimbursement of lost wages shall or shall not be paid.

 

9.6       In the event of an emergency or that the General Membership meeting does not elect such delegates as stated in 9.4 and 9.5, the Executive Committee shall have the power to appoint the number required.

 

9.7       There shall be no voting by proxy.

 

 

ARTICLE 10: Meetings

 

10.1    There will be a General Membership meeting scheduled once a month, with the exception of July and August when one (1) meeting will be held to cover both months.

 

10.2    Notice of all membership meetings, regular or special, shall be posted on all Notice Boards within the jurisdiction of the Local, at least ten (10) days prior to the date of the meeting.

 

10.3    A quorum of eighteen (18), which will include at least three (3) Executive Officers is necessary for any meeting.

 

10.4    The signing of the attendance book for all meetings shall be supervised by the 2nd Vice-President.

 

10.5    The attendance book shall be closed one (1) hour after the meeting is called to order.

 

10.6    If a quorum is not obtained within thirty (30) minutes after the scheduled starting time, then the meeting shall be cancelled.

 

10.7    A Special Meeting may be called by the President, or a fifteen member petition.  All members are to be notified by Bulletin Board Notice.  At these meetings, the only business transacted will be the business for which the Special meeting was called.  At least fifteen (15) of those signing the petition must be in attendance at this meeting.

 

 

ARTICLE 11: Rules and Procedures:

 

11.1    At the commencement of each meeting, members entering the hall shall be required to sign the attendance register and failure by a member to do so will result in his/her being officially absent for the purpose of the records of the Local.

 

11.2    The President, or in his/her absence, the designated presiding officer, shall open the meeting at the appointed time.

 

11.3    The presiding officer shall declare the meeting open making the following announcement: "BROTHERS AND SISTERS, WE ARE ABOUT TO OPEN THIS MEETING OF THE SCARBOROUGH LOCAL, CANADIAN UNION OF POSTAL WORKERS. IF THERE IS ANYONE PRESENT NOT ENTITLED TO REMAIN, HE/SHE WILL PLEASE RETIRE.  THE OFFICERS ARE REQUESTED TO TAKE THEIR RESPECTIVE PLACES."

 

11.4    The agenda for Regular Membership meetings shall be as follows:

 

a)         Acceptation and initiation of candidates for membership according to the National Constitution.

 

b)        Roll call of Officers.

 

c)         Reading and adoption of minutes of previous Regular Membership meetings and minutes of any Special meetings.

 

d)        Reading of correspondences by the Secretary-Treasurer and Executive Board recommendations to be dealt with individually up to 30 minutes and the remainder to be dealt following new business.

 

e)         Reports of Officers, Committees and Delegates as appropriate.

 

f)          Elections and Election Committee, when appropriate.

 

g)        Unfinished Business.

 

h)        New Business.

 

i)          Adjournment.

 

11.5    RULES OF ORDER:

 

a)         A member wishing to speak shall raise his/her hand until recognized by the chair.  Upon being recognized he/she shall state his/her name and speak only to the point at issue or he/she shall be ruled out of order by the chair.

 

b)        No member shall interrupt a speaker, except on a point of order.

 

c)         No member shall speak more than once on the same subject while there is another member who has not spoken, seeking to be recognized.

 

d)        When the previous question is moved no discussion or amendment on either motion is permitted.  If the majority vote "that the question now be put".  The original motion has to be put without debate.  If the motion to put the question is defeated, discussion will continue on the original motion.

 

e)         These rules are subject to the provisions of the National Constitution and all other points or procedures shall be covered by Bourinots' Rules of Order.

 

 

ARTICLE 12: Discipline, Charges and Appeals:

 

            Article 8 of the National Constitution will be used in its' entirety by this Local.

 

 

ARTICLE 13: General:

 

13.1    Per capita tax and assessments shall be held as a standing appropriation and shall require no motion of the Local to pay same.

 

13.2    The Local shall not submit any resolutions with regard to Federal Legislation to any Central Labour Council or to any government body if such legislation would have any effect on postal workers, unless such proposed resolution is in keeping with resolutions already approved by the Union at National Convention, or if not so, unless such resolution has been approved by the National Executive Committee.  Under no circumstances shall a resolution with regard to Legislation be approved by the Local for submission to a central Labour Body if it has been disapproved by the National Convention or the National Executive Committee.

 

13.3    The Local shall establish a membership control system to determine the number of members and dues-paying employees and to control the check-off of Union dues.  Union Stewards shall receive any information required to enable them to detect errors and prepare a monthly report to the Local Secretary-Treasurer.

 

13.4    The Local shall send to the National Secretary-Treasurer on a monthly basis any information available with regard to membership control and check-off of Union dues and more particularly:

 

a)         A copy of the reports by Union Stewards in regard to casuals;

 

b)        A list of new employees and new members;

 

c)         A list of employees who have left the bargaining unit;

 

d)        A list of persons who are no longer members of the Union;

 

e)         A list of employees and/or members subject to the check-off system who have not paid Union dues indicating the reasons for non-payment;

 

f)          A list of members who are no longer in good standing for failing to pay union dues and/or assessments.

 

13.5    Any officer of the Local shall make it his particular duty to comply with and implement National Policies adopted by the Convention or by the members through a referendum vote and the decisions of the National Executive Board.

 

13.6    Any resolution coming from the Local and intended for Convention, Regional Conference, the National Executive Board, the National Executive Committee or Regional Executive Committee shall be duly carried by the Local's regular membership meeting.  The President and the Secretary-Treasurer of the Local shall confirm by their signature that the resolution was duly moved, seconded and carried at a specific date by the Regular Membership meeting.

 

 

ARTICLE 14: By-Laws of the Local:

 

14.1    Proposed By-Laws for the Local shall be submitted to the National Office where they will be examined for any conflicts with the National Constitution.  Any such conflicts will be brought to the attention of the Local for amendment or deletion. The National Union may also make recommendations to the Local as to other aspects of the proposed Local By-Laws.

 

14.2    After any required deletions or amendments are made in the Locals' draft, they shall resubmit them to the National Office.

 

14.3    On notification to the Local from the National Secretary-Treasurer that the By-Laws are approved they may be adopted by the Local.

 

14.4    Any provisions in the Local By-Laws which is contrary to the letter of spirit of the present Constitution shall be null and void.

 

14.5         Changes to the Local By-Laws must be ratified by a referendum vote of the membership, by a 50% plus one (1) majority.  Referendum votes may be called by members representing two thirds (2/3) of the Local Executive Committee or two thirds (2/3) of the members gathered at the Regular Membership meeting following the meeting when Notice of the Motion to change the By-Laws was given.

 

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