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:
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;
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.
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.
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.
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.
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;
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.