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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: