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EXECUTIVE

MINUTES

BYLAWS  

 

 

DRAFT REVISION/June 2004

 

LOCAL 1165

Of the

CANADIAN UNION OF PUBLIC EMPLOYEES

Comprised of

Local 1165-1 and Local 1165-2

Local 1165-3 and Local 1165-4
Local 1165-5 and Local 1165-6

BYLAWS

 

 

Section 1 – NNDSB Office, Clerical and Technical Workers

Section 2 – NNDSB Custodial Maintenance Workers

                    Section 3 – Conseil Scolaire Catholique Franco-Nord

                    Section 4 – Conseil Scolaire Publique Nord-Est

                    Section 5 – Aramark

                    Section 6 – Transportation Consortium

 

SEPTEMBER 2004

 

 

 

PREAMBLE (updated July 1999)

In order to improve the social and economic welfare of its members without regard to sex, colour, race or creed, to promote efficiency in public employment and to manifest it’s belief in the value of the unity of organized labour, this Local 1165 of the Canadian Union of Public Employees (hereinafter referred to as CUPE) has been formed.

The following Bylaws are adopted by the Local pursuant to, and to supplement, Appendix "B" of the CUPE Constitution, to safeguard the rights of all Members to provide responsible administration to the Local, and to involve as many members as possible through the sharing of duties and responsibilities.

SECTION 1 – NAME

The name of the Local shall be Canadian Union of Public Employees Local #1165-1, 1165-2, 1165-3, 1165-4, 1165-5, 1165-6.

SECTION 2- OBJECTIVES

The objectives of the Local are to:

Support C.U.P.E. in reaching the goals set out in Article II of the CUPE Constitution;
Encourage the settlement by negotiation and mediation of all disputes between members and their employers.
Establish strong working relationships with the public we serve and the communities in which we work and live.

SECTION 3 – INTERPRETATION AND DEFINITIONS

Numbers of Articles at the end of sections or subsections refer to relevant articles of the C.U.P.E. Constitution (as revised from time to time) which should be read in conjunction with these by-laws.

Masculine pronouns shall be understood to include the feminine gender.

Majority vote reflects the majority of members in attendance.

SECTION 4 – MEMBERSHIP MEETINGS

REGULAR, SPECIAL AND UNIT

a) A General Membership meeting shall be held three (3) times per year, at a date and time and location to be in each geographical area suitable to the Local.

b) Special General Membership meetings may be ordered by the Executive Board or requested in writing by no fewer than fifteen (15) members. Bargaining unit or a section of the bargaining unit meeting may be ordered by the President or the Executive or be requested in writing by no fewer than ten percent (10%) of the members. The President shall immediately call a special meeting when so ordered or requested and shall see that all members receive twenty-four (24) hours notice of the special meeting and subject(s) to be discussed. No business shall be transacted at the special meeting other than that for which the meeting is called and notice given.

c) A quorum for the transaction of business at any regular or special meeting of the whole shall be eleven (11) members, including at least three (3) members of the Executive Board.

d) Bargaining unit or sections thereof; a quorum would be (1) executive and 10 % of membership. Minutes are to be taken and submitted to the Executive at the next scheduled meeting.

e) The order of business (see Constitution B.VIIII)

f) Approved minutes of the executive meetings will be made available to the general membership.

SECTION 5 – VOTING OF FUNDS and EXPENSES

Any money, excluding normal operating expenses (including the moderate use of long distance phone calls) as covered by the following by-laws, and money allotted to arbitration cases, must be voted on and carried by a 2/3’s majority vote by the Membership. Voting on amounts of $500.00 or more must be carried out by a notice-of-motion.

A notice-of-motion is a motion made and seconded at a meeting. A written notice is then sent out for 30 days to Members, stating the motion for consideration, prior to voting on that question at the next meeting.

Out of pocket expenses shall be provided each month to the President, Vice-Presidents, Secretary-Treasurer and Recording Secretary.

Out of Pocket Expenses (Per Month)
To the President……………………………………………….    $ 120.00
To the Secretary-Treasurer……………………………………    $ 120.00
To the Recording Secretary………………………………….. .    $  90.00
To the Vice-Presidents………………………………………...    $  70.00

A penalty of 1/3 off of the out of pocket expenses shall be imposed on any Officer of the Local, if he fails to attend a scheduled Executive meeting (as per Section 4(a) and (b) 7(b) and Const. B.3.13), unless he provides a monthly activity report and a written excuse explaining the absence. Sanction for payment of the out of pocket expenses to an absent Officer will be decided by the Membership; but, sanction is not needed when an Officer is working at his regular place of employment. If an Officer fails to attend a consecutive second and third scheduled Executive meeting, and again provides no report and has no good reason to be absent, a penalty of 2/3’s off and 100% off shall be imposed.
*An Executive Member who temporarily replaces an Officer who is absent from his duties, shall receive the out of pocket expenses of the absent Officer, but no less than his normal out of pocket expenses. The absent Officer’s out of pocket expenses will be paid up to a maximum of three (3) consecutive months, provided he has given a written excuse for his absence and payment has been sanctioned by the Membership: otherwise, Section 7 (b) shall apply.

The President, Recording Secretary and Secretary-Treasurer, shall each be allowed the necessary funds, not to exceed $25.00 monthly to reimburse themselves for office expenses.

The Local shall allow a mileage rate to those Members, using their vehicles for the Local’s business within the boundaries of the Local. The rate per kilometer shall be based on the rate that CUPE pays. For Executive Board members current mileage rates shall be paid for each Executive and Membership meeting attended.

At economy, tourist or coach rates for public transportation, as decided by the Membership. If more than one member attends a convention, educational or committee function, mileage will be paid the rate per kilometer based on the current rate of the CUPE.

All members elected by the Membership or appointed by the Executive Board to do the Local’s normal business and all delegates elected to conventions, educational and committee functions held outside of their own municipality shall be paid transportation expenses. Expenses and compensation for any loss of salary and benefits incurred will be paid.

Out of pocket expense rates:
For special committee meetings called, not during working hours, up to $45.00 with receipts.
For Conventions attended, up to $60.00 per day with receipts.

All delegates elected to conventions, educational and committee functions held within their own municipality shall have no travel allowance. There shall be an out of pocket allowance for expenses (except Negotiating Committees), and compensation for any loss of salary and benefits incurred.

The Local shall be allowed to spend on educational institutes and seminars for that year (January to December), up to and including 7% of the previous year’s gross income.

The Local shall allow a Negotiating Committee up to and including $300.00 for out of pocket expenses (refreshments, treats, snacks and meals at Proposal, Negotiating and Ratification meetings), which must be properly accounted for before any further requests for money for same function can be made to the membership.

The Executive Committee shall be allowed, with the approval of the Secretary-Treasurer, an operations expense to purchase office equipment. (eg. Computers, briefcases, filing cabinets, desks, etc) for that year (January to December) of up to and including 2% of the previous years’ gross income.

The Local shall allow a donation of $100.00 to members, upon their retirement with their written notification.

The Local shall allow a donation of $100.00 to a non-retired Member’s spouse or child upon the death of the member.

The Local may allow payments of the following affiliations: the Ontario Federation of Labour, C.U.P.E. District Council or other local labour council when approved by the Membership.

Any monies paid to the Local as a result of EI rebates for members of Local #1165-1 and Local #1165-2 will remain with the Local to be used for expenses of the local and its members and that this is an ongoing procedure to be reviewed as per resolution dated June 21, 2003.

SECTION 6-OFFICERS

The officers of the Local shall be the President, two (2) Vice Presidents for each bargaining unit in the NNDSB and one (1) Vice President for each of the other four (4) units, Secretary-Treasurer, Recording Secretary, and up to a maximum of three (3) Trustees. All officers shall be elected by the Membership.

Should any Officer fail to answer the roll call for 3 consecutive scheduled meetings without having good cause his office shall be declared vacant and the position filled by election at the following membership meeting. (See section (a) and (b) and Const. B.2.5).

The Executive officers shall complete the tasks and responsibilities as set out for their position. This will be done ensuring confidentiality.

SECTION 7 – EXECUTIVE BOARD (See Const. Article B.II)

The Executive Board shall be comprised of all officers, except Trustees.

The Executive shall meet at least once every 2 months.

A majority of the executive constitutes a quorum.

The Executive Officers shall hold title to any real estate of Local. They shall have no right to sell, convey or encumber any real estate without first giving notice and then submitting the proposition to a membership meeting and having it approved.

The Executive Board shall do the work delegated to it by the Local and shall be held responsible for the proper and effective functioning of all committees.

All charges against members or officers must be made in writing and dealt with in accordance with the provisions of the CUPE Constitution (Articles B.VI.)

SECTION 8 – DUTIES OF OFFICERS (See Const. B. III)

The VICE PRESIDENTS / CHIEF STEWARDS shall:

  • aid in the carrying on of grievances past the initial stages and ensure that the Membership is informed of any upcoming arbitration.
  • attend arbitrations concerning their units.
  • keep a file of all grievances and arbitrations concerning their units
  • The RECORDING SECRETARY shall:

  • keep a correct, full and impartial record of the proceedings of each meeting of the Local union and all the meetings of the Executive Board;
  • perform such other duties as the Local Union or Constitution may direct.
  • The SECRETARY TREASURER shall:

  • keep all financial accounts of the Local Union, maintain correct and proper accounts of all its members;
  • receive all dues and assessments from members of the Local Union and shall deposit same in such bank or credit union as the Union may direct;
  • make all disbursements for the Local Union as provided in section B.4.4 of the Constitution.
  • SECTION 9 – FEES, DUES AND ASSESSMENTS

    Monthly Dues

    The monthly dues shall be 1.25% of gross wages, deducted monthly.

    If the C.U.P.E. convention raises their per capita above the level previously established these by-laws will be deemed to have been automatically amended to conform to the new C.U.P.E. minima.

    SECTION 10 – NOMINATION, ELECTION AND INSTALLATION OF OFFICERS (reference Const. Article B.11)

    1) Nominations, after properly written notification to the Members, shall be received in September at a regular membership meeting. Election and installation of Officers for a two (2) year period will be carried out at an Election meeting to be held in October.

    2) When a position must be filled between normal election times, the President shall be authorized to appoint a member to that position until such times as a by-election is called. Written notice must be issued; nomination and election shall be carried out at the next general membership meeting. By-election is specific to the bargaining unit/ location. Normal election rules apply.

    3) No member may hold more than one elected position on the Executive Board.

    4) Voting shall be by secret ballot.

    5) The President shall appoint, with approval of those Members present, a Returning Officer and assistants, who are neither officers nor candidates, and who will be responsible for issuing, collecting and counting ballots.

    6) Voting to fill one office shall be conducted and completed, and recounts dealt with, before balloting may begin to fill another office.

    7) A majority of votes cast shall be required before any candidate can be declared elected. Subsequent ballots shall be taken, if necessary, to obtain a majority. The candidate receiving the lowest number of votes in the previous ballot shall be dropped. In case of a final tie vote, the presiding officer may cast the deciding vote.

    8) Any member may request a recount of the votes for any election and a recount shall be conducted if the request is supported, in a vote, by at least the number of members equal to a quorum for a Membership meeting. (see Section 4 (c)).

    9) Election of Trustees –

  • The Trustees shall audit the books of the Secretary Treasurer and shall exercise general supervision over the property of the Local Union. At the first election of officers in a local union the Trustees shall be appointed by the Executive.
  • The Trustees shall examine the books and records of the Secretary Treasurer and inspect or examine all properties, bonds, and all other assets of the Local at least every 6 months, and shall report to the next regular meeting of the Local Union following the end of six (6) months on the condition of the funds and accounts, the number of members in good standing, together with such other information they may deem to the efficient and honest administration of the Local Union. They shall transmit a copy of such report to the National Secretary Treasurer of the Canadian Union of Public Employees.
  • 10) Installation of New Members (see page 73 of C.U.P.E. Constitution)

    SECTION 11 – DELEGATES TO CONVENTIONS, SEMINARS, ETC.

    Except for the President’s option of first preference, all delegates to conventions shall be chosen at an Executive or General Membership meeting. If there has been no quorum, two (2) members selected by the Executive Committee shall be allowed to attend CUPE Conventions in Ontario, Quebec and Manitoba, as finances allow. Only one member shall be allowed to attend CUPE Conventions outside of Ontario, Quebec and Manitoba.

    Representation at an educational institute and seminars shall be on the recommendation of the Executive, subject to final approval by the Membership. If there has been no quorum, members elected by the Executive Committee shall be allowed to attend education institutes and seminars within Ontario, if funds are available.

    SECTION 12 – COMMITTEES

    Each ad hoc committee shall elect its own chairperson and recording secretary.

    Negotiating Committee

  • This shall be a special ad hoc committee established at least three (3) months prior to the expiry of a collective agreement and disbanded when a new agreement has been signed. The committee shall consist of the number of members each bargaining unit’s contract allows, all elected at a Membership or Special Meeting.
  • A unit’s Vice President shall sit on this committee. The Local’s C.U.P.E. representative shall be a non-voting member of the Committee and shall be consulted at all stages from formulating proposals, through negotiations, to contract ratification by the membership.) see following for Negotiating Committee rules)
  • The Negotiating Committee shall abide by the following rules:
  • i) Any proposals put forward by a member at a Special Proposal Meeting shall be voted on and passed by the membership attending that meeting, before it can be presented to the Employer for bargaining.
  • ii) All proposals passed, as above, by the membership must be presented to the Employer for bargaining.
  • iii) Any proposals brought forward by the Local’s C.U.P.E. representative may be bargained for, but only if voted on and passed by the Negotiating Committee.
  • iv) A special meeting can be called anytime after bargaining has begun to keep members informed of progress. The Negotiating committee has the right to restrict any information about bargaining that may hinder the process, but members have the right to know what proposals have been dropped and why they have been dropped. The members may vote to have a dropped proposal reinserted into bargaining.
  • v) A progress report can be sent out to the members, or a Special Progress meeting to have the Negotiating Team reinsert a dropped proposal can be called by the members of a unit which is in bargaining at the time, provided a petition of demand is presented to the Negotiating Committee Chairman and is signed by twenty-five percent (25%) of the members of that unit.
  • vi) Any special meeting pertaining to negotiating has to have a quorum of ten percent (10%) of the members of a particular unit at that particular time.
  • vii) All motions made at meetings quoted above must be passed by a two-thirds (2/3) majority vote.
  • STANDING COMMITTEES

    The Chairperson of each standing committee may be elected by the members at a Membership Meeting. The Chairperson and executive Board may, with the concurrence of the membership jointly appoint other members to serve on a committee. A Vice President may be a member, ex-officio, of each committee. There may be standing committees as follows:

    i) Grievance Committee

    This committee may process all grievances not settled at the initial stage and its reports shall be submitted first to the Executive Board, with a copy to the C.U.P.E. Representative, and then to a Membership Meeting. Grievances must be in writing on the forms provided by the National Office and be signed by the complainant(s), as provided for in the collective agreement. The committee shall comprise the elected chairperson and two (2) other members to be selected.

    The committee shall appoint its secretary from among its members.

    ii) Special Committees: A special ad hoc committee may be established for a specified purpose and period by the Membership at a specified meeting. The members shall be elected at the same meeting or another Membership Meeting or may, by specific authorization of the Membership, be appointed by the President or Executive Board.

    Two (2) members of the Executive may sit on any special committee as ex-official members.

    SECTION 13- AMENDMENTS (Const. Articles B.VII)

    In the event of any conflict between these by-laws and the C.U.P.E. Constitution, the latter shall govern. Constitution interpretation, including determination of conflict, is the prerogative of the National President.

    These by-laws shall not be amended, added to or suspended except upon a majority vote of those present and voting at a regular or special membership meeting following seven days notice given at a previous regular membership meeting or at least sixty (60) days written notice.

    No change in these by-laws shall be valid and take effect until approved by the National President of C.U.P.E. The validity shall date from the letter of approval of the National President.

    SECTION 14 – RULES OF ORDER

    All meetings of the Local shall be conducted in accordance with the basic principles of Canadian parliamentary procedure.

    In situations not covered in the by-laws, the C.U.P.E. Constitution may provide guidance, but, if the situation is not dealt with there, Bourinot’s Rules of Order shall be consulted and applied.