Constitutionof the

National Automobile,Aerospace, Transportation

and General Workers Unionof Canada,

(CAW-Canada)

AdoptedQuebec City, Quebec

August, 2009

Constitutionof the

National Automobile,Aerospace, Transportation

and General Workers Unionof Canada,

(CAW-Canada)

AdoptedQuebec City, Quebec

August, 2009

i

ii

Constitution of the National Automobile,Aerospace, Transportation and General

Workers Union Of Canada,(CAW-Canada)

This Constitution was adopted at the FoundingConvention of the National Union, United Auto-mobile, Aerospace and Agricultural ImplementWorkers of Canada (UAW-Canada) on September4th, 1985 in Toronto, Ontario, and amended at sub-sequent conventions:

Amended Toronto, OntarioJune 9, 1986Name changed to “National Automobile, Aero-space and Agricultural Implement Workers Unionof Canada (CAW-Canada)”

Amended Toronto, OntarioApril 22 - 24, 1987

Amended Ottawa, OntarioNov. 7 - 9, 1988

Amended Halifax, Nova ScotiaSept. 10 - 13, 1991

Amended Quebec City, QuebecAugust 23 - 26, 1994Name changed to “National Automobile, Aero-space, Transportation and General Workers Unionof Canada (CAW-Canada)”

Amended Vancouver, British ColumbiaAugust 11 - 15, 1997

Amended Quebec City, QuebecAugust 21 - 24, 2001

Amended Toronto, OntarioAugust 19 - 22, 2003

Amended Vancouver, British ColumbiaAugust 15 - 18, 2006

Amended Quebec City, QuebecAugust 17 - 20, 2009

Table of ContentsArticle ........................................................................Page

Statement of Principles ..........................................1Preamble ..................................................................3

1 Name ......................................................................42 Objectives ................................................................43 Constitution ............................................................54 National Union Headquarters ..............................55 Jurisdiction ..............................................................66 Membership ............................................................67 National Union Authority ..................................108 Mergers ..................................................................119 Conventions ..........................................................12

10 Political Requirements of Union Officials ........2111 Officers and Elections ..........................................2112 Salaries ..................................................................2613 Duties of the National Executive Board ............2714 Duties of Full-time National Officers ................3415 National Representatives ....................................3916 Fiscal Year ..............................................................4017 Initiation Fees and Dues ......................................4018 Honourable Withdrawal Transfer Cards ..........5019 Contracts and Negotiations ................................5320 National Councils ................................................5521 National Departments ........................................5722 Charges and Trials of National Officers ..........5923 Charges Against Members ................................6224 Appeals ................................................................6525 Public Review Board ..........................................7726 CAW and Quebec Councils ..............................7927 Amalgamated Local Unions ..............................8128 Local Union Charters and

Subordinate Bodies ..............................................8329 FFAW-CAW ........................................................89

iii

30 Duties and Powers of Subordinate Bodies ..............................................90

31 Local Union Building Corporation ..................9332 National Union Building Corporation ............9333 Membership Mailing Lists ................................9434 Local Union Officers ..........................................9435 Installation Ceremony ......................................10336 Duties of Local Union Officers ........................10437 Duties of Local Union Members ......................10938 Opening and Closing Ceremonies ..................10939 Initiation Ceremony ..........................................11040 Local Union Committees ..................................11141 Elected Workplace Representatives ................11142 Local Union Finances ........................................11343 Local Union Dues ..............................................11344 Local Union Audits ..........................................11445 Strikes ..................................................................11746 Family Auxiliaries ............................................11947 Union Label ........................................................12148 Retired Workers ................................................12249 Severability ..........................................................125

Ethical Practices Codes ......................................125Subject Index ......................................................131

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Article Page

STATEMENT OF PRINCIPLES

Working People Need UnionsWe formed our union because we could not de-pend on employers to provide us with dignity, ameasure of security and a rising standard of living.And, over the years, we did make impressivegains. But our objectives remain far from fulfilled,and with even our past gains under attack, weneed unions today as much as we ever did.

Democratic UnionismUnions are voluntary organizations. We can onlybe effective if the membership knows the uniontruly belongs to them. This means a union whichreflects the goals of its membership, allows themembers full participation, and encourages work-ers to develop their own skills and understanding.Internal democracy also means we view each otheras equals. Racial discrimination or sexual harass-ment violate our principles, undermine our soli-darity and erode our strength. We not only opposesuch responses but will actively work to overcomethem.

Unions and a Democratic SocietyIn our society, private corporations control theworkplace and set the framework for all employ-ees. By way of this economic power, they influencethe laws, policies, and ideas of society. Unions arecentral to our society being democratic because:Unions bring a measure of democracy to the placeof work, which is so central to peoples’ lives.Unions act as partial counterweight to corporatepower and the corporate agenda in society moregenerally.

Social UnionismOur collective bargaining strength is based on ourinternal organization and mobilization, but it isalso influenced by the more general climate around

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us: laws, policies, the economy, and social atti-tudes. Furthermore, our lives extend beyond col-lective bargaining and the workplace and we mustconcern ourselves with issues like housing, taxa-tion, education, medical services, the environment,the international economy.Social unionism means unionism which is rootedin the workplace but understands the importanceof participating in, and influencing, the general di-rection of society.

Building TomorrowUnions were born out of struggles to change thestatus quo. Our successes extended progress be-yond unions themselves, and our struggles becamepart of a social movement for a more human soci-ety here and for peace and justice internationally.These struggles were first steps towards develop-ing the confidence that change is possible and thatour vision is not just a dream.We are proud of the leadership role we haveplayed, aware of the difficulties continued progres-sive change will face, and committed to buildingthe social solidarity that can take on this change.

OrganizingOrganizing is a new priority for the union. It is anact of solidarity, a way to give back and buildstrength in the union and within the working class.Organizing is a critical first step in mobilizingworkers. Through organizing, individual workersgo beyond the limits of individualism and asserttheir right to change the terms and conditions oftheir employment. In collective action they join amovement for social and economic justice.

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PREAMBLEWe, the members of the National Au-tomobile, Aerospace, Transportationand General Work ers Union of Cana-da, (CAW-Canada), have joined to-gether to help one another, to uniteour strength, to win better wages andworking conditions through collectivebargaining and political action, towork for social justice and to con-tribute to world peace. We recognize that human beings arefallible and therefore, like all peoplewho believe in democratic principles,we want a “government of laws, not ofhuman beings.” Therefore this consti-tution exists: To ensure that the National Automo-bile, Aerospace, Transportation andGeneral Workers Union of Canada,(CAW-Canada), operates under therule of law according to democraticprinci ples; that representatives of theNational Union will carry out their du -ties in a manner befitting the privilegeof representing CAW members andtheir interests; that the responsi bilitiesof each part of the National Union’sstructure be clearly described and un-derstood; that each member will beguaranteed due pro cess in any dis putewith the National Union, LocalUnions, subordinate bodies, or theirrep resentatives; that the NationalUnion will have the financial capacityto carry out its re sponsibilities as out-lined in this constitution; and that anyother such matter necessary to the op-erating of a democratic union dedicat-ed to the progress of workers and soci-ety be guided by principles enshrinedin this constitution.

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Pre.

ARTICLE 1 Name

This organization is the “NationalAutomo bile, Aerospace, Transporta-tion and General Workers Union ofCanada, (CAW-Canada), Syndicat na-tional de l’Automobile, de l’Aerospa-tiale, du Transport et des autres tra-vailleurs et tra vailleuses du Canada,(TCA-Canada).” In this document it isalso called the National Union. This document is the “Constitutionand By laws” of the CAW-Canada. It isalso the consti tution of every subordi-nate body.

ARTICLE 2Objectives

Section 1To unite all workers who are under theju risdiction of CAW-Canada into oneorgani zation without regard to race,sex, creed, colour, marital status, sexualorientation, gender identity, disability,religion, political affiliation, or place oforigin. Every member must receiveequal treatment under this constitution.Section 2To protect the interests of our members,keep what we have gained, improveworking conditions and create a uni formsystem of shorter hours and higherwages.Section 3To end occupational injury and diseaseand improve conditions to createhealthy work places.Section 4 To educate our members in the historyof the labour movement and its role inim proving our society.To help members be aware of worldevents that affect workers.

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ART. 1-2

unite workers

improveworking con ditions

createhealthywork places

To encourage members to take part inpolit ical action to promote ideas andcandidates that advance workers’ rights.To work for laws that will make lifebetter for the community.

Section 5To work for better economic and socialconditions in Canada and the world. To take part in elections at all levels ofgovernment.

Section 6To build and unify the labour move-ment by working with other nationalunions as an affiliate to the CanadianLabour Congress.To provide help, both within Canadaand throughout the world, to labourand other orga nizations with objec-tives similar to ours.

Section 7To organize the unorganized: To ex-tend union support, protections andopportunities to workers.

ARTICLE 3Constitution

This constitution is the highest author-ity governing the National Union, itsLocal Unions, subordi nate bodies andpeople elected or appointed to any of-fice in the union. Delegates at a Consti-tutional or Special Convention mayamend this constitution by a majorityvote. This constitution was lastamended in Vancouver, August, 2006.

ARTICLE 4 National Union Headquarters

The National Union headquarters mustbe in Metropolitan Toronto, Ontario.

5

ART. 2-4

educationand politicalaction

improve economicand socialconditions

build andunify thelabour movement

highest authorityamend bymajority

ARTICLE 5 Jurisdiction

Section 1 CAW-Canada has jurisdiction over allemployees and those looking for workin all areas, jobs, industries and work-places where they were represented byand admitted to membership underthe United Auto Workers constitutionand, by virtue of its successorship, bythe CAW and its Locals under thisconstitution. Without limiting the gen-eral nature of these workplaces, andfor greater clarity, these workplaceswere de fined and set out in a resolu-tion of the Na tional Executive Boardpassed on July 10, 1987.

Section 2The National Executive Board, withouta formal resolution, may decide thatany group of employees is eligible formembership.

ARTICLE 6 Membership

Section 1(a) Any person who supports the prin-ciples set out in this constitution’s Pre-amble may apply for membership tothe Local Union that has jurisdictionover his/her work place. Applicantswill fill out an official ap plication andsign a promise to follow this constitu-tion and rules set by the NationalUnion.Applications go to the Financial Secre-tary. The Local Union will act upon theapplica tion as soon as possible, but notlater than 60 days from the date theapplication is re ceived. (b) Membership will take effect fromthe first day of the month for whichdues are paid.

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ART. 5-6

over all thosewho wereunder UAWjurisdiction

NEB may adda group

application toLocal Union

60 days maximum

date member-ship takes effectE.g., if dues tocover June arepaid on July 2,the member isin good stand-ing starting onJune 1.

(c) Also, people working for unorga-nized employers or in workplaces notyet under the jurisdiction of a CAW-Canada Local Union may becomemembers of the Na tional Union bysigning an application and paying onedollar toward initiation fees or dues.The amount may be more or less than$1, depending on the provincial or fed-eral laws covering the workplace.These mem bers will automatically be-come members of the Local Unionwhen it receives its char ter or is award-ed jurisdiction over the workplace.Section 2The National Union will provide theoffi cial application forms. The Local Union will keep the originalsigned application. The Local Unionwill give the new member an originalreceipt for all money paid and keep aduplicate. Af ter a Local Union audit,the duplicate re ceipts may be de-stroyed with written ap proval fromthe National Secretary-Trea surer.Section 3The National Office must receive amonthly report from the Local UnionFi nancial Secretary before it will recordor ac cept payment for a new member.Section 4 The National Union will provide mem-bership cards at no more than costwhen Local Unions request them. LocalUnions must issue membership cardsto their members, using only thosecards provided by the National Union.Section 5A member suspended or expelled as aresult of charges laid against her/himbecomes eligible to be a member in an-other Local Union only after all chargesare set tled and it is confirmed inwriting.other Local Union only after all

7

ART. 6

becomingmember during organizing

NationalUnion pro-vides formsreceipts to new members

monthly report

membershipcards

suspendedmember applying toanother local

Section 6No one can hold a membership in morethan one Local Union at the same time,ex cept with the National ExecutiveBoard’s permission. A member who isfully em ployed in one workplace underCAW-Canada jurisdiction may not ac-cept work in any other workplaceunder its jurisdiction. Any memberdoing so may be charged with conductunbecoming a union member. This doesnot apply where members in an autho-rized strike have written approval fromthe Local Union.

Section 7A person who heads a department, di-rects company policy or has the au-thority to hire and fire workers is noteligible for member ship. Local Unionswill give withdrawal cards immediate-ly to members who take such a posi-tion. Members promoted to mi nor po-sitions, where they do not have thepower to discipline, hire and fire em-ployees, may keep their membershipat the discretion of the Local Union.

Section 8A National Officer or Representativewhose Local Union ceases to exist mayapply for mem bership in anotherLocal Union. If accepted by the LocalUnion, the Na tional Officer or Repre-sentative will have been a member ingood standing during the change.

Section 9A Local Union may grant a freemember ship to a member for the peri-od of her/his incapacity resulting fromaccident or illness.

Section 10All members of a Local Union are alsomembers of the National Union and

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ART. 6

membershipin one lo cal

only one full-time job

membershipfor peoplepromoted atwork

National repchanginglocal membership

free member-ship duringincapacity

Local members also Na tionalmembers

sub ject to its orders, rulings and deci-sions.

Section 11The National Union and the LocalUnion to which the member belongsshall be her/his exclusive representa-tive for:

• collective bargaining in respect torate of pay, wages and hours ofemployment

• negotiating and enforcing con-tracts with employers, includingcontracts that set membership inthe union as a condition of em-ployment and that require theemployer to deduct, collect, orhelp col lect any dues or feespayable to the National or LocalUnion from employees’ wages

• acting for the member before aBoard, Court or other Tribunal inany matter affect ing her/hisunion membership, employmentstatus or relationship with an em-ployee or the union’s collectivebargaining status;

• representing the member in set-tling grievances or disputes aris-ing from the em ployer-employeerelationship.

Decisions resulting from the union’sac tions are binding on the member.

Section 12(a) A member who retires is entitled to“retired membership status” and doesnot have to pay dues. The retiredmember has all the privileges of mem-bership except the right to vote instrike votes (Art. 45 Sec. 1, 4), ratifica-tions of collective agreements (Art. 19Sec. 3) or in elections for workplacerepresentatives (Art. 41 Sec. 1). In ad-

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ART. 6

union representsmem ber forbargaining,be fore tribunals, in set tlinggrievances

decisionsbind member

retired members

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dition, a retired member cannot runfor local union executive office as defined in Article 34, Section 3 & 4.The National Union will prepare re-tired member cards and supply themto Local Unions at cost. If the retiredmember re turns to work, the regularwithdrawal-transfer method willapply.(b) All full-time National Officers,Local Union Officers, National Execu-tive Board members and NationalRepresentatives must retire from theirposition on the first day of the monthfollowing their 65th birthday. Thisdoes not apply where the law pro-hibits mandatory retirement at age 65or older.

Section 13Non-members in a workplace coveredby a CAW-Canada collective agree-ment may be come members at anytime under the same terms as anyother member. Non-members receivethe benefits from the collective agree-ment, but they may not take part inthe affairs of the union.

Section 14 The National Executive Board, by ma-jority vote, may grant honourarymembership status for individualswho are non-members but have per-formed meritorious service on behalfof the members of CAW-Canada. Suchdesignation will not confer any mem-bership rights or privileges as may bedescribed elsewhere in this Constitu-tion.

ARTICLE 7 National Union Authority

The members will govern the NationalUnion.

ART. 6-7

officer mustretire at 65

non-members

NationalExecutiveBoard maygranthonourarymembership

(a) The highest authority is theConstitu tional Convention. It consistsof delegates democratically elected bythe Local Unions’ members.(b) Between conventions, the NationalEx ecutive Board is the highest authority. (c) Between National Executive Boardmeetings, the National President hasau thority. S/he is responsible to theNational Executive Board for the ad-ministration of the union. S/he mustact in keeping with the constitution,actions of the Constitu tional Conven-tion, and National Executive Board de-cisions. The president consults withthe National Union Officers on im -portant matters and reports her/hisactions to the board for their approval.(d) If the National President isincapaci tated, the National Secretary-Treasurer will assume her/his authori-ty and duties.

ARTICLE 8 Mergers

Section 1If a majority of National ExecutiveBoard members agree, the NationalExecutive Board may approve a merg-er with another trade union or bringanother union into CAW-Canada, aslong as the action does not affectCAW-Canada’s identity or standing inthe trade union movement.

Section 2The National Executive Board will ruleon any question concerning the inter-pretation of this constitution as it ap-plies to merged unions and their for-mer members. The decision is binding.

11

ART. 7-8

ConstitutionalConven tionhighest authority

between conventions,NEB has authority

between NEBmeetings, NationalPresident hasauthority

Secretary-Treasurer re places President

NEB approvesmergers

NEB interpretsconstitution

Section 3If the National Executive Board decidesthat a part of this constitution cannot beapplied within a merged union or anew unit, it may dispense with thatpart on terms it deems appropriate.

ARTICLE 9 Conventions

Section 1A Constitutional and Collective Bar-gaining Convention will be held everythree years. The next one will be heldin August, 2012. The National Execu-tive Board may advance or delay theconvention by two months.

Section 2Agenda unless changed by convention:

1. Call to Order 2. Report on Credentials 3. Reading of Convention Rules 4. Appointing Committees 5. Resolutions, etc. 6. Report of National President 7. Report of Secretary-Treasurer8. Reports of Committees 9. Nomination and Election of Offi-

cers and National ExecutiveBoard members

10. Unfinished Business 11. New Business 12. Adjourn

Section 3A quorum is 25 per cent of delegates atconvention. No business can be done ifthere is not a quorum. If there is noquorum on the last day, all unfinishedbusiness will be referred to the Nation-al Executive Board.

Section 4No less than 120 days before a Consti-

12

may set asidea part of constitution

constitution-al conventionevery threeyears

agenda

quorum is25%unfinishedbusiness toNEB

ART. 8-9

tutional and Collective BargainingConvention, the National Secretary-Treasurer will issue the Call to theConvention and duplicate sets of dele-gate and alternate credential forms incontrasting colours. The delegate or alternate will keep theoriginal and the duplicates will be sentto the National Secretary-Treasurer.Credentials will not be accepted in the30 days prior to the beginning of theconvention.

Section 5Resolutions and constitutional amend-ments must be sent to the National Sec-retary-Treasurer not later than Twelveweeks prior to the convention. The Na-tional Secretary-Treasurer will give theseto the committee chairs. In order to beconsidered a resolution and/or constitu-tional amendment must have first beenapproved by the sponsoring local unionmembership unless brought forward tothe Convention from the Resolutions orConstitution Committee.

Section 6For this article, the number of mem-bers in each Local Union is the averagenumber of monthly per capita taxespaid by the Local Union to the Nation-al Union. The average will be takenover three calendar years before theconvention year. Local Unions or units that have beenin authorized strikes or in lockoutswill subtract the months of the strikesor lockouts in which their membersdid not work 40 or more hours (a nor-mal work week).

Section 7To be entitled to representation at aconvention, new Local Unions have tobe affiliated with the National Union

Sec-Treas issues ConventionCall, creden-tials 120 daysbeforecredentialsdue 30 daysbefore

resolutionsdeadline 12weeks before

number ofmembers isaveragenumber oftaxes paidover 3 years

subtract forstrikes

new Localshave to be 3months oldand have

ART. 9

13

for at least three months before theconvention and have paid at least twomonths’ per capita tax. If a local hasexisted since the last convention, it isentitled to its full quota of delegatesbased on the number of months of percapita tax paid since the convention.Local Unions that received their char-ters since the preceding convention areentitled to delegates based on thenumber of per capita taxes paid aver-aged over the number of months sincethe preceding convention. In an Amalgamated Local Union, aunit that has been organized for morethan a year and has received a sepa-rate charter is not considered a newLocal Union.

Section 8Each Local Union will have one votefor the first 100 members or less andone vote for each additional 100 mem-bers or major portion of 100. The votes will be divided equallyamong the delegates of a Local Union. An Amalgamated Local Union maydecide how to divide its votes amongthe delegates. The total votes of the units in an Amal-gamated Local must not be more thanthe total the Local Union is entitled toin Section 6.No delegate may have more than eightvotes.

Section 9(a) Each Local Union that is not anamalgamated local will have:

• two delegates for the first 500members or less, plus

• one delegate for the next 500members or major portion of 500,plus

14

paid 2months’ tax

delegatesbased onnumber ofmonths paid

unit of Amal-gamated get-ting separatecharter not anew local

vote entitlement

Local delegate entitlement

ART. 9

• one more delegate for each addi-tional 500 members or major por-tion of 500

(b) Each unit of an AmalgamatedLocal Union that averages 200 or moremembers will have delegates as in (a)above. Units with more than 200 mem-bers may elect their own delegates.Units with less than 200 will begrouped and vote together. If a groupof units has less than 200, the NationalSecretary-Treasurer will divide themembers among other units to result inthe maximum number of delegates.(c) In an Amalgamated Union Local,each unit will have a number of dele-gates in proportion to the number of percapita taxes it pays. If the numbers donot divide equally, the remainder will goto the Local Union’s Joint Council, ifthere is one. One delegate will be electedfor each 500 members or major part of500. Any qualified Local Union membermay be elected by the Joint Council, ifs/he has not accepted a nomination inher/his unit. (d) The Local Union membership maydecide that the Local Union Presidentand/or unit chairs will be special dele-gates. Special delegates have the rightto speak but not to vote at the conven-tion.

Section 10To be eligible to be a delegate from aLocal Union, the nominee must be amember in good standing of the Na-tional Union for the 12 months preced-ing the first day of the conventionmonth and also be a member of theLocal Union or unit for three monthspreceding the first day of the conven-tion month. The delegate must alsopay his/her dues or have out-of-workreceipts.

15

delegates inAmalgamatedLocals

delegatesmust be members ingood stand-ing for a yearmember ofLocal for 3monthspaid up

ART. 9

Also eligible are members of LocalUnions or units that have not been inexistence for 12 months before the con-vention, if they become members notlater than 30 days after the charter isissued. Section 11The following are automatically dele-gates:(a) Members of the CAW-Canada Na-tional Retired Workers Advisory Exec-utive have voice and one vote each(Article 48 Section 5c). (b)The National President, NationalSecretary-Treasurer, Quebec Directorand National Representatives havevoice but no vote unless they are elect-ed delegates from Local Unions. (c) National Executive Board mem-bers, other than the three above, havevoice and one vote each.

Section 12A local union cannot order a delegateto vote in a particular fashion at theconvention.

Section 13(a) Following the Convention Call,each Local Union will issue a call forthe nomination of delegates. (b) If the Local does not have an elect-ed standing Election Committee, it willelect an Election Committee at a regu-lar or special meeting. At least sevendays notice must be given for the spe-cial meeting. The Election Committeewill administer the details and proce-dures of the election and make sure itis fair.(c) The nomination process may be de-cided by the Local. Nominations fordelegates may be made at the meetingwhere the Election Committee is

16

ART. 9

new units

automaticdelegates:retired advi-sory exec

NationalPresident,National Sec-retary-Trea-surer, Que-bec Director,NationalRepsother NEBmembers

Local cannot binda delegate

Call for delegatenominations

elected Elec-tion Commit-tee to handledetails ofelection

process fordelegatenominationsdecided byLocal

17

elected. In any case, at least sevendays’ notice must be given for nomina-tion. After the close of nominations, alist of nominees will be available to themembers. Nominees may not bemembers of the Election Committee orserve as challengers or observers. Onlythose nominated may be elected.(d) There must be at least seven daysbetween the deadline for nominationof delegates and the election. TheLocal Union must notify all membersat least 15 days in advance of thedate, time and place of the election.Polling places must be open forenough time on one or more days togive all members a chance to vote.(e) Delegates must be elected by se-cret ballot. The candidates receivingthe most votes will be elected.(f) If there is a clear violation of thisconstitution or the Local Union’s by-laws in the pre-election procedures,the National President may order acorrection of the violation before theelection. This action may be appealedto the Credentials Committee. Section 14Local Unions may elect alternate del-egates. The number of alternates maybe equal to or less than the number ofdelegates. Local Unions will decidehow an alternate will replace a dele-gate and will inform the CredentialsCommittee. Delegates can be re-placed if they are unable to serve or ifthey are recalled by their Local Unionin the same way they were elected.

Section 15(a) All Convention Committees willhave an odd number of members.The National Executive Board willchoose the committees from the cre-

7 days’ notice, listavailablenominees can-not be on ElectionCommittee orchallengers

15 days’ notice of timeand place of election

secret ballotplurality vote

NationalPresidentmay ordercorrection

alternates

conventioncommittees

ART. 9

dentials of delegates to the conven-tion.(b) The Constitution Committee willmeet at least one week before the con-vention to consider all recommenda-tions submitted by National Officers,National Executive Board members orLocal Unions. The committee may alsowrite new amendments.(c) The Credentials Committee willmeet at least one week before the con-vention to examine all credentials re-ceived by National Office. (i) They will investigate the standingof the delegates and their LocalUnions. They will receive the originalcredentials of the delegates attendingthe convention and report at the open-ing of the convention.(ii)The National Secretary-Treasurermust receive protests about delegateelections by the earlier date of notmore than seven days after the elec-tion nor less than 10 days prior to theconvention opening. The National Sec-retary-Treasurer will give the proteststo the Credentials Committee. Thecommittee may waive the deadlines inthe interests of justice. If the Credentials Committee decidesthat a delegate election has been im-proper and that the delegates shouldnot be seated and the National Presi-dent agrees, they may jointly order theelection to be held again before theconvention. A sub-committee of theCredentials Committee will supervisethis election. All notices and time lim-its will be lifted, provided that everyeffort is made to give as much noticeas possible.(iii) If the convention approves the Cre-dentials Committee’s recommendationon the election, the delegates elected inthe new election will be seated.

18

ART. 9

ConstitutionCommittee

CredentialsCommittee

protestingdelegate election

re-doing delegate elections

If the convention does not approve thecommittee’s recommendation, the del-egates elected in the original electionwill be seated and the National Unionwill reimburse the Local Union for thecosts of the second election. (d) A Resolutions Committee will meetat least one week before the conventionto consider resolutions referred to it.The committee may also write new res-olutions.(e) An Election Committee of 13 dele-gates will conduct the election of Na-tional Officers. On the first day of con-vention, the Credentials Committeewill choose 13 delegates by lot fromthose attending the convention toserve as the committee. Delegatesserving on any other convention com-mittee will not be included in thedraw. (f) The National Executive Board maychoose any other committees it needsfor the convention. These committeeswill meet at least two days before theconvention.

Section 16(a) The National President will call aSpecial Convention of the NationalUnion when instructed to do so by:

• a two-thirds vote of the NationalExecutive Board. If the Presidentdoes not call the convention, theBoard may name other Boardmembers to do it.

• or a majority referendum vote ofthe National Union members.

Each Local Union will have the sametotal vote as it had at the preceding Con-stitutional and Collective BargainingConvention.For a Special Convention, the NationalSecretary-Treasurer will issue the Call notless than 30 days before the convention.

19

ART. 9

National topay costs ofnew electionif credentialsreport over-turned

ResolutionsCommittee

ElectionCommittee

other conventioncommittees

Special Convention

2/3 NEBvote or

majoritymembers

vote for Special Convention

Special ConventionCall

20

(b) When the National Executive Boardhas called the Special Convention,(i) the delegates will be the ones whowere elected to be delegates to the pre-ceding Constitutional and CollectiveBargaining Convention. (ii) Delegate vacancies will be filledfirst by alternates, where they wereelected to the preceding Constitutionaland Collective Bargaining Conven-tion. Then, by re-apportioning theLocal Union’s votes among the dele-gates, with no delegate having morethan eight votes (Article 9 Section 8).(c) (i) To call a Special Convention byreferendum, at least 15 Local Unionsfrom five municipalities representing atleast 20 per cent of the NationalUnion’s members (based on precedingconvention) must request the referen-dum in writing. They must state theirreasons for wanting a Special Conven-tion, name the place and date for theconvention and the dates for mailingout and returning referendum ballots.The National President or the NationalExecutive Board’s designate will notifythe Local Unions, giving the reasonsand dates and place for the referendum.The reasons for and against having theSpecial Convention will be sent to a llLocal Unions. (ii) All Local Unions must hold a se-cret ballot on the referendum. LocalUnion election committees will countthe ballots and send the result to theNational Secretary-Treasurer.The National Secretary-Treasurer,within 30 days of the deadline for thereturn of referendum results, willpublish the “yes” and “no” vote ofeach Local Union. A special convention must be held if amajority of all members voting in allLocal Unions votes in favour.

NEB calledSpecial Convention delegates

filling delegate vacancies

process forreferendum

secret ballotin all locals

results published

must haveconvention ifmajority infavour

ART. 9

(iii) The number of votes for eachLocal Union and the election of dele-gates will be the same as for a Consti-tutional and Collective BargainingConvention except in applying Section6 of this article. To determine the aver-age number of monthly per capitataxes paid by a Local Union, a 24-month period ending with the fourthmonth before the month of the SpecialConvention will be used instead of 36months.(iv) A Special Convention called byreferendum may consider only thematter stated in the Convention Call.

ARTICLE 10Political Requirements of

Union OfficialsNational Officers, National ExecutiveBoard members, National Representa-tives and Local Union Officers are en-couraged to participate in the politicalprocess at all levels of government bysupporting parties or candidates whohave policies compatible with the ob-jectives of the union.

ARTICLE 11Officers and Elections

Section 1(a) The 17 National Executive Boardmembers will be

• the National President (full-time)• the National Secretary-Treasurer

(full-time)• the Quebec Director (full-time)• three Trustees• one member-at-large

All the above will be elected by theConstitutional Convention.

• the seven members of the CAWCouncil’s Executive Board

21

vote and delegates forSpecial Conventionordered byreferendum

can consideronly what’sin call

should participate inelections

NEB members

ART. 9-10-11

• the President of the QuebecCouncil

• the President of the FFAW/CAW.• the Chairperson of the National

Retired Workers Advisory Execu-tive

(b) The National Officers will be • the National President• the National Secretary-Treasurer• the Quebec Director• the President of the CAW Coun-

cil• the President of the Quebec

Council.

Section 2(a) The Constitutional Convention willelect the National President, NationalSecretary-Treasurer, Quebec Directorand three Trustees and one member-at-large by secret ballot. To win, the candi-date must receive a majority of votes.Each delegate’s ballot will be weightedto reflect the voting strength as set outin Article 9, Section 8.(b) In the election of National Presi-dent, National Secretary-Treasurer orthe Quebec Director, one member-at-large, if no one receives a majority onthe first vote, there will be a secondvote between the two candidates withthe highest number of votes.(c) When three Trustees are to be elect-ed and fewer than three candidates re-ceive a majority on the first vote, therewill be a run-off among the candidateswith the highest number of votes. Thenumber of candidates in the run-offwill be equal to twice the number ofpositions still vacant.

Section 3To be eligible for election to the postsof National President, National Secre-tary-Treasurer, Quebec Director,

22

ART. 11

National Officers

weighted secret ballot

majority towin

run-offif 2 spots left,4 highestrun, if 1 spotleft, 2 run

member forone year tobe eligible

Trustee or member-at-large, a membermust have been in continuous goodstanding for one year before the nomi-nation date.

Section 4(a) No member is eligible for any posi-tion in the union if s/he participates inany way in any organized workplacerackets such as numbers, book mak-ing, drug trafficking, etc. (b) Anyone engaged in such activitywho accepts a position or nominationis subject to a penalty up to and in-cluding expulsion.(c) The member accused under (b) willbe tried under Articles 22 or 23. If themember resigns from the position orwithdraws her/his nomination, it is notnecessary that the charges be dismissed.(d) If the member is convicted, the po-sition is declared vacant.

Section 5(a) No member is eligible for any posi-tion in the union if s/he is trying todecertify the National Union or anysubordinate body or is helping a groupor union that wants to replace CAW-Canada as the recognized collectivebargaining agent. (b) If, after an investigation, the Na-tional President or the National Execu-tive Board is convinced that a memberhas violated this section, either mayimmediately suspend the memberfrom any position or the right to seek aposition. They will notify the suspend-ed member promptly. The membermay, within 30 days of receiving thenotice, appeal to the National Execu-tive Board under Article 24. The sus-pension will be lifted automatically ifthe National Executive Board does notrule on the appeal within 120 days ofthe member beginning the appeal.

ART. 11

ineligible for illegal activity

subject to expulsion

withdrawaldoes notmeanchargesdropped

position vacant if convicted

ineligible ifworking fordecertification

NEB or President remove member from office ornomination

NEB mustrule on appeal in 120 days

23

24

ART. 11

position vacant if decision upheld by2/3 vote

further appeal

more actionpossible

resuming office afterconvictionoverturned

filling anelected vacancycaused by aconviction

resumingappointedposition notautomatic

ineligible ifover 65

(c) If the member does not appeal, or ifthe National Executive Board upholdsthe suspension by a two-thirds vote,the position(s) will be declared vacant.The member will not be eligible tohold any position until the suspensionis lifted by a two-thirds vote of the Na-tional Executive Board. (d) The member may appeal the Na-tional Executive Board decision eitherto the Public Review Board or the Con-vention Appeals Committee. (e) The procedure in this section is inaddition to any other action whichmay be taken against the member.

Section 6(a) A member who is removed from aposition as a result of charges againsther/him will resume the positionunder the following conditions:

• the conviction is reversed by anappeal, and

• the person waits to resume the po-sition for 60 days after the reversal.If the Public Review Board re-views the reversal and upholdsthe decision, the person need notwait 60 days to resume the posi-tion.

(b) If a member convicted of an of-fence and removed from an electedposition is appealing, or the NationalExecutive Board has ordered a review,the vacancy may be filled in the nor-mal way. But if the member is restoredto the position, the new person mustvacate.(c) A member in an appointed posi-tion does not automatically resumethe position if acquitted or if the con-viction is reversed.

Section 7(a) A retired member is not eligible to

ART. 11

National Officers’oath of office

term of office

filling vacanciesNationalPresident orSecretary-Treasurer

NEB electsQuebec Director ortrustee

run for national officer or national ex-ecutive board member.(b) No one age 65 or older is eligible tobe a National Officer, Local Union Of-ficer, National Executive Board mem-ber or National Representative. Thisdoes not apply where the law pro-hibits mandatory retirement at age 65or older or to the Chairperson of theNational Retired Workers AdvisoryExecutive. Section 8 National Union Officers will take theoath of office and be installed immedi-ately after they are elected. The oath isthe same as the one for Local UnionOfficers.Section 9(a) The term of office for National Ex-ecutive Board members elected at con-vention starts at their installation andcontinues up to and including the nextConstitutional Convention. (b) The term of office for other NationalExecutive Board members is determinedby the bylaws of the body that electsthem.(c) No term can be longer than threeyears.

Section 10(a) If the National President or Nation-al Secretary-Treasurer dies, resigns, oris removed from office, the NationalExecutive must call a Special Conven-tion within 30 days to elect a new one.The office remains vacant if the vacan-cy occurs in the 120 days before a Con-stitutional Convention.(b) If the Quebec Director or a Trusteedies, resigns or is removed from office,the National Executive Board may, bymajority vote, elect a replacement.

25

ARTICLE 12Salaries

Section 1(a) Yearly salaries for full-time Nation-al Officers, paid biweekly, arePresident $155,260.80Secretary-Treasurer $143,149.07Quebec Director $135,149.69(b) The National President, NationalSecretary-Treasurer and Quebec Direc-tor will give their full time to their du-ties. They must not be an officer of anysubordinate body for more than 90days after their election as a NationalOfficer.

Section 2The yearly salary for a National Repre-sentative is $120,425.49, paid biweekly.The National Executive Board will setthe salaries of National Representa-tives acting as professionals or depart-ment heads.

Section 3(a) In addition, the salaries may beadjusted quarterly for changes in thecost of living based on the formuladeveloped by the National ExecutiveBoard.

Section 4National Executive Board memberswho are not full-time officers of theNational Union will receive a month-ly honorarium of $600.

Section 5The National Executive Board will setthe amounts of expenses and al-lowances for the National Officers, Ex-ecutive Board members and Represen-tatives to use in performing their du-ties.

full-time officersalaries

not be a subordinatebody officerafter 90 days

representativesalaries

cost of living

NEB honourarium

expenses

ART. 12

26

Section 6Full-time National Officers and Repre-sentatives will receive fringe benefitsas approved by the National ExecutiveBoard.

Section 7The National Executive Board will setthe salary, expenses and allowances tobe paid any member, including a tem-porary organizer, performing servicesfor the National Union. The amountwill not be more than that for NationalRepresentatives except if the mem-ber’s lost time would be greater than aNational Representative’s salary.

Section 8When first elected and at the end of theirterm, the National President, Secretary-Treasurer and Quebec Director are enti-tled to travelling and moving expensesfor themselves and their families.

Section 9No one who has a paid, full-time job inthe union can hold any other paid po-sition in the union.

ARTICLE 13 Duties of the National

Executive BoardSection 1The National Executive Board is thehighest authority of the NationalUnion between conventions. It carriesout the instructions of the convention.It has the power to authorize strikes,issue charters, and take action against asubordinate body that violates the con-stitution.

Section 2A National Executive Board memberserves under the general direction ofthe National President, subject to the

benefits

pay for mem-ber doing ser-vices for union

moving expenses

if full-time,cannot holdanother paidposition

authority between conventionsauthorizesstrikesissues charters

President gen-erally directs NEBmembers

ART. 12-13

27

decisions of the National ExecutiveBoard.

Section 3(a) The National Executive Board willmeet three times a year and hold spe-cial meetings as needed.(b) The National Executive Board willmake decisions by majority vote. Eachmember has one vote.(c) Only a majority of the National Ex-ecutive Board can adjourn a boardmeeting.

Section 4Three National Executive Board mem-bers may submit a written request tothe National Secretary-Treasurer for aSpecial Board Meeting. Within 48hours of receiving the request, the Sec-retary-Treasurer will poll the NationalExecutive Board members. If a majori-ty votes in favour, the President willconvene the board within five days. Ifthe President fails to do it, the Secre-tary-Treasurer or a board member as-signed to do it by the National Execu-tive Board will arrange the meeting.

Section 5(a) A quorum of the National Execu-tive Board will be two-thirds of itsmembers.(b) If the National President calls aspecial National Executive Boardmeeting, under Sections 8 or 9 of thisarticle or Article 24, Sections 8 or 11, toprotect the interests of a subordinatebody or a group of members, a specialquorum may act on the matter. (i) This special quorum must be notless than five National ExecutiveBoard members, including at least twoNational Officers. Any action requiresthe vote of three-quarters of those pre-sent. The decision will be binding

meets quarterly

decision bymajority

majority toadjourn NEB

special NEBmeeting

quorum is2/3 NEBmembers

special NEBquorum

special quorum decisions by 75%

ART. 13

28

until the last day of the next NationalExecutive Board meeting.(ii) All proceedings of the special meet-ing will be reported to the next regularNational Executive Board meeting.The National Executive Board will re-view any decisions, actions or penal-ties imposed by the special meetingand confirm them. A member or subordinate body dis-agreeing with the actions of the specialboard meeting may file a protest withthe National Executive Board and hasthe right to be heard in person by theBoard.(iii) A member or subordinate bodyhas the right to appeal the decision ofthe special meeting or the regularBoard meeting (Article 24 Sections 9-10) even if s/he did not protest thespecial meeting decision to the full Na-tional Executive Board.

Section 6(a) Verbatim minutes will be taken atNational Executive Board meetings.The minutes will be transcribed imme-diately and sent to National ExecutiveBoard members. Any member in goodstanding may inspect a copy of theminutes at the offices of the NationalSecretary-Treasurer or National Execu-tive Board members. (b) There will be an exception when, bya seven-eighths vote, the board decidesit is in the best interest of the NationalUnion to have an informal discussion.The board will take no minutes or for-mal action during this discussion.

Section 7The National Executive Board may re-scind, reverse or repeal any action ofany National Officer, Executive Boardmember or Representative.

proceedingsreported tonext NEBmeeting forconfirmation

protester to a special quo-rum decisionhas right tobe heard inperson

appeal still in effect

verbatimminutes

exception by7/8 vote

change decisionsmade by National Officer, NEBmember or rep

ART. 13

29

30

Section 8If conditions inside a subordinatebody threaten its existence, the Nation-al Executive Board may reorganize itby ordering a special election. Theelection will be held within 30 daysafter mailing notice to the subordinatebody’s members. Not more than onespecial election can be held within oneyear in the same subordinate body. The elected officers will continue in of-fice until the special election. Theymay run for re-election. The National Executive Board mayhave two representatives work withthe Local Union Election Committee.This section also applies to units ofAmalgamated Local Unions.

Section 9(a) The National Executive Board mayreorganize or disband a subordinatebody, take back its charter, suspend of-ficer(s) or supervise its affairs underthese conditions:

• to prevent or correct corruption• to fulfill the union’s duties under

a collective agreement or as abargaining agent

• to restore democracy• to make sure the legitimate goals

of the union are carried out.Except in cases of emergency such aswhere the health or safety of a personis endangered or a significant loss ofmoney or property is imminent, theNational Executive Board must con-duct a hearing in order to take actionunder this subsection. In cases of emer-gency as above, the National ExecutiveBoard need not conduct a hearing. Inall cases, the National Executive Boardshall confer, and two thirds of the Na-

reorganizesubordinatebody

disband, supervisesubordinatebody

ART. 13

tional Executive Board must agreewith respect to the action to be taken.(b) The National Executive Board willdesignate a full-time National Officerto be the administrator with completeauthority over the subordinate body.S/he may suspend local officers andmay use staff to help supervise localaffairs.(c) Where officers are suspended, newelections will take place within 60 days.If circumstances require it, the NationalExecutive Board may extend the periodfor no more than 120 additional days. Theadministrator is responsible for conduct-ing the election. After the election, thesubordinate body will regain its autono-my. (d) Procedures in this section willapply to units of Amalgamated LocalUnions where appropriate.Section 10The National Executive Board will re-peal bylaws of any subordinate bodythat do not conform to this constitu-tion.Section 11Following the Founding Convention theNational Executive Board shall beempow ered by a majority vote of itsmembers to amend this consti tution inrespect to any matter in order and forthe purpose of complying with anylegal requirements relating to the accep-tance of this constitution and theunion’s status in law as a trade unionand bargaining agent by any labour tri-bunal, court, or other legal au thority oras advised by legal counsel to be re-quired by law. Section 12Between conventions, the National Ex-ecutive Board will rule on all appealsabout constitutional interpretations

31

full-time officer become administrator

election to re-place officersin 60 daysmay extendby 120 days ifneeded

repeal bylaws

amend con-stitution tocomply withlaw or be accepted as a union

constitutionalinterpreta-tions

ART. 13

32

that are brought to it by a member orsubordinate body. The board may alsoconsider a decision on an interpreta-tion made by the National President. Section 13The National Executive Board will ruleon appeals against decisions made bysubordinate bodies.Section 14The National Executive Board may dowhatever is needed to work with out-side organizations to further theunion’s objectives. pSection 15The National Executive Board has thepower to settle disputes between em-ployers and employees, to make con-tracts with employers and to settle juris-dictional disputes between LocalUnions.Section 16By two-thirds vote, the National Exec-utive Board may create more depart-ments to carry out the business of theNational Union. It may hire profes-sional specialists who are not unionmembers if none are available withinthe membership.Section 17The National Executive Board may setup an administrative body to handlemembers’ appeals about settling griev-ances arising from collective agree-ments. The decisions of such a bodymay be appealed to the National Exec-utive Board under Article 24 Section 8.Section 18(a) The National Executive Board willmanage and use the National Union’sfunds for the objectives set out in this con-stitution and other purposes it believeswill further the welfare of the members. (b)The National Executive Board will

handle appeals

work withoutside organizations

settle disputes

create departments

body to han-dle appealson grievances

decisions appealedunder Art. 24

managefunds

report toLocal Unions

ART. 13

33

report on the National Union’s activitiesand its finances to every Local Union.

Section 19The National Executive Board willgive financial help, in keeping with theunion’s resources and responsibilities,to members on an authorized strike.Section 20The National Executive Board may usefunds to help Local Unions where theydo not have enough money for neces-sary expenses. The itemized expensesmust be submitted to the National Ex-ecutive Board.

Section 21The National Executive Board will ap-prove the salaries, expenses, allow -ances and benefits for other employeesof the National Union.

Section 22The National Executive Board will de-cide how and for how much the LocalUnions’ financial officers and presi-dents will be bonded.

Executive Board TrusteesSection 23The National Trustees have a duty tosafeguard all funds and property of theNational Union. They will choose aChartered Accountant and see that thebooks and accounts of the NationalSecretary-Treasurer are audited twice ayear. They will include the auditedstatement in their report to the Nation-al Officers, Executive Board membersand Local Unions as soon as it is done.The Trustees will report twice a year tothe National Executive Board and tothe Constitutional Convention. Theywill make recommendations to im-prove the handling of the NationalUnion’s finances and for safeguardingits assets.

help in astrike

help localsunable to payexpenses

approvesalaries, expenses

bonds

keep allfunds andproperty safe

audit twice ayear

ART. 13

ARTICLE 14 DUTIES OF FULL-TIMENATIONAL OFFICERS

National President Section 1The National President will preside atall sessions of the Constitutional Con-vention and the National ExecutiveBoard. The National President willwork to protect and advance the inter-ests of the National Union. S/he willreport on her/his activities to the Con-stitutional Convention.

Section 2Between sessions of the National Exec-utive Board, the National Presidenthas full authority to direct the workingof this union. The National Presidentwill report on her/his activities to thequarterly meetings of the National Ex-ecutive Board. All her/his actions willbe subject to approval of the board.

Section 3The National President will devote allher/his time to the work of the Na-tional Union. S/he will carry out theinstructions of the National ExecutiveBoard and supervise the departmentsof the National Union. Section 4The National President will conveneregular and special sessions of the Na-tional Executive Board.

Section 5The National President will rule on alldisputes, including constitutional in-terpretations, except where a specificmethod is outlined in this constitution.All her/his decisions are subject to ap-peal, first to the National ExecutiveBoard and then to the ConstitutionalConvention. Written notice of an ap-

34

presides atmeetings

advances interests ofunionreports toconvention

authority between NEBmeetings

reports toNEB

carries out NEB instructions

convene NEB

rule on disputes andconstitutionalinterpreta-tions

appeal decision in 30 days

ART. 14

35

peal must be filed with the NationalSecretary-Treasurer and the NationalPresident within 30 days of the deci-sion.

Section 6As set out in the constitution or votedby the National Executive Board, theNational President will assign anyelected full-time officer to represent ordirect the workings of the NationalUnion.

Section 7The National President may withdrawan assignment from any elected officeror National Executive Board memberwhen s/he is convinced the officer hasbeen derelict in her/his duty or isguilty of a dishonest act. Such with-drawal of assignment will not suspendthe person’s vote or pay. A person whose assignment is with-drawn may convene a special NationalExecutive Board meeting (Art. 13 Sec.4). If the board upholds the original as-signment, the National President can-not suspend it again.

Section 8After proper notification or consulta-tion with officers of subordinate bodiesinvolved, the National President maycall special meetings of Councils orLocal Unions to protect the interests oftheir members. The National President may delegatethis duty to a National Officer, Nation-al Executive Board member or Nation-al Representative.

Section 9The National President, with the ap-proval of the National ExecutiveBoard, may give Local Unions or unitsdispensations for initiation fees, per

assign full-time officer

may withdraw assignment

appealing thewithdrawal

call specialmeetingssubordinatebodies

may delegatethis duty

fee dispensations

ART. 14

capita tax or Strike Insurance Funddues if it will add to the growth of orconserve the Union’s interests.

Section 10(a) Subject to the approval of the Na-tional Executive Board, the NationalPresident may appoint National Rep-resentatives or temporary organizers.The National President may removeany Representative who is derelict inperforming any duty or is guilty ofany dishonest act, or to conserve thefinances of this National Union. Thismust be approved at the next NationalExecutive Board meeting.(b) After submitting recommendationsto the National Executive Board, theNational President may hire legal, tech-nical or professional help as needed.(c) The National President may fill va-cancies in the National Office staff.

Section 11During her/his term, the NationalPresident will live in the area of theNational Union headquarters.Section 12(a) To conduct the affairs of the Na-tional Union and in keeping with itsobjectives, the National President orNational Secretary-Treasurer has theauthority to sign, administer and en-force any contract between the Nation-al Union and another party. This doesnot apply to collective bargaining.(b) The National President or NationalSecretary-Treasurer may delegate thisauthority in writing to a National Rep-resentative. Unless the officer revokesit, the authority will be good for the re-mainder of the officer’s term.

National Secretary-TreasurerSection 13The National Secretary-Treasurer will

36

appoint andremove Rep-resentativesor temporaryorganizers

hire professionals

fill vacancies

live near National Office

sign contractsother than inbargaining

may delegate

ART. 14

37

ART. 14

attend all sessions of the Constitution-al Convention and National ExecutiveBoard. S/he will ensure the proceed-ings are recorded.

Section 14(a) The National Secretary-Treasurerwill be responsible for keeping all fi-nancial records, documents, and ef-fects of the National Office, exceptthose belonging to the Office of theNational President. (b) The National Secretary-Treasurerwill keep a complete record of themembership of the National Union.

Section 15The National Secretary-Treasurer willbe the custodian of the NationalUnion’s funds. (a) S/he will keep enough money inresponsible bank(s) to meet currentobligations and invest the remainderaccording to procedures and stan-dards set by the National ExecutiveBoard. (b) The National Secretary-Treasurerwill issue receipts for all money paidto the National Union and pay all billsand current expenses, unless other-wise ordered by the National Execu-tive Board. Everything will be paid bycheque, countersigned by the NationalPresident. (c) The National Secretary-Treasurerwill submit to the National ExecutiveBoard a detailed statement of receiptsand disbursements of all money be-longing to the National Union and de-tails of the expenses of each officer,National Executive Board member andemployee.(d) The National Secretary-Treasurerwill give a bond, the amount set by theNational Executive Board and paid for

records proceedingsNEB andconventions

keeps allrecords

keeps recordof members

custodian offunds

invest moneynot needed topay currentbills

issues receipts, pays bills

chequescounter-signed byPresident

financialstatements toNEB

bond

by the National Union, to ensure faith-ful discharge of her/his duties.

Section 16When a Local Union fails to report andpay its per capita tax, the National Sec-retary-Treasurer will notify the LocalUnion President and Trustees.

Section 17(a) The National Union’s seal carriesthe union’s official name.(b) The National Secretary-Treasurerwill hold the National Union’s seal intrust for the use of the membership.S/he will take the steps necessary toprevent the wrongful use or imitationof the seal or of the National Union’sname. The National Secretary-Treasur-er will also register or copyright theseal, name, label, insignia and anyother property of the National Union.

Quebec Director Section 18The Quebec Director, who must be aresident of Quebec, will supervise allorganizational activities within Que-bec.

Section 19The Quebec Director will attend Que-bec Council meetings and work in co-operation with it.

Section 20The Quebec Director will examine allQuebec contracts and submit them tothe National President with her/hisrecommendation, negotiate disputeswith bargaining committees, work forgood labour legislation and for thegeneral welfare of the members.

Section 21(a) The Quebec Director will submitquarterly reports on organizational ac-

38

tells LocalUnion of failure to pay

union seal

keeps sealand protectsuse of nameand label

supervisewithin Quebec

attends QuebecCouncil

examineQuebec contractsnegotiate disputeswork formemberswelfare

reports quarterly to National

ART. 14

tivity within Quebec to the NationalPresident and to the quarterly meetingof the National Executive Board for itsapproval. (b) The National Executive Board orthe National President may assign theQuebec Director to activities outsideQuebec.

Section 22The Quebec Director, with the NationalPresident, the National Secretary-Trea-surer, or the President of the QuebecCouncil, may authorize the filing of anapplication for certification on behalf ofthe National Union under the QuebecLabour Code. Then they will report tothe National Executive Board.

ARTICLE 15 National Representatives

Section 1The National President must approveand sign appointments of NationalRepresentatives or temporary organiz-ers. They will be countersigned by theNational Secretary-Treasurer and besubject to the approval of the NationalExecutive Board.

Section 2National Representatives and tempo-rary organizers work under the juris-diction of the National President andunder the direct supervision of the Na-tional full-time officer to whom theyare assigned.

Section 3A National Representative must be amember in continuous good standingof the National Union for one yearprior to his/her appointment. Tempo-rary or part-time organizers must beCAW-Canada members but need nothave been in continuous good standing

39

Presidentand NEB

may be assigned outside Quebec

applicationfor certifica-tion in Que-bec

signed byPresident,counter-signed bySec-Treas.

report to full-time officer

must bemember

ART. 14-15

for one year.

Section 4A National Representative or tempo-rary organizer is not eligible to be acandidate for, or to hold, any electedoffice in a Local Union. S/he is eligibleto be a candidate for an elected officein the National Union.But, an elected official may be ap-pointed to act as a part-time NationalRepresentative or temporary organiz-er for parts of the day, or for full daysnot to exceed 180 days in a calendaryear.

Section 5A National Representative may runfor a position in a Local Union if s/heleaves the National Union staff at least180 calendar days before the month ofthe election.

ARTICLE 16 Fiscal Year

The fiscal year of the National Unionbegins on the first day of January andends on the 31st day of December.

ARTICLE 17 Initiation Fees and Dues

Section 1(a) The initiation fee for membershipin a Local Union will be between $10and $20. The Local will set aside $5 ofthe fee in a new member orientationfund, to be spent with the approval ofthe National President. (b) A Local Union may increase its ini-tiation fee within the above limits (a)and the procedures of Article 43, Sec-tions 1 and 2. (c) One dollar of each initiation fee

40

rep not eligi-ble for LocalUnion office,is eligible torun for na-tional office

electedofficer maybe part-timerep

must haveleft staff 180days beforeelectionmonth

Jan. 1 toDec. 31

initiation $10-$20$5 to newmember ori-entation fund

increasing fee

$1 to National

ART. 15-16-17

41

must be sent to the National Secretary-Treasurer.

Section 2(a) All dues are payable during thecurrent month to the Financial Secre-tary of the Local Union. Members of aLocal Union, unit or bargaining coun-cil may vote to have their employerdeduct their dues weekly or biweekly(dues check-off). This requires the Na-tional President’s approval. (b) Effective January, 2002 minimummonthly dues will be equivalent totwo hours 20 minutes straight timepay for all members who work 40hours or more in a month. For thosemembers who work less than 40 hoursin a month the minimum monthlydues will be equivalent to one hourand 10 minutes straight time pay. (i) For members paid by the hour, day,week or month, dues are based on theamount earned per straight-time hourin the last payroll period worked be-fore the dues are payable. It includescost-of-living allowance and any otheramounts normally considered to bepart of regular pay. It excludes shiftpremium. (ii) For members whose earnings vary,dues are based on the average earnedper hour in the last month the memberworked. It includes incentive earnings,cost-of-living allowance, clock houradd-ons and any other amounts nor-mally considered to be part of the reg-ular pay. It excludes shift premium,overtime premium, Saturday, Sundayand holiday premiums.(c) In addition to regular dues, askilled trades member, working in askilled trades classification under theCAW Skilled Trades Program, will payannual dues equivalent to one-half

dues check-off

2 hours 20minutesstraight timeor1 hour 10minutesstraight time

for mostmembers

where earn-ings vary

half hour toSkilledTrades Council

ART. 17

hour to the CAW-TCA Skilled TradesCouncil. (d) A Local Union or unit may, follow-ing the provisions in Article 43, setdues higher than those in this article.Where these higher dues exist, theywill rise automatically by the sameamount and at the same time as theminimum dues and will continue untilthe Local Union or unit, under Article43, changes them.(e) All members must pay their duesexcept in specific cases described inArticle 14 Section 9 or Section 4 of thisarticle.

Section 3(a) If needed for collective bargainingand approved by the National Execu-tive Board, a Local Union, or a Corpora-tion Council and its affiliates, may dou-ble its dues in each of four months pre-ceding the end of the old contract, orfollowing the ratification of a new one. (b) The Local Union must place halfthe doubled monthly dues in trust,until the National Executive Board de-cides whether the additional dues willbe applied to future dues or refundedto each member.

Section 4At the request of a Local Union orunit, the National Executive Boardmay make special arrangements aboutthe dues schedules.

Section 5(a) A member automatically becomesdelinquent if s/he does not pay duesduring the calendar month when theyare due. (b) Local Unions may notify membersthat they are delinquent. Even if theLocal Union fails to notify the mem-

42

Local or unit may sethigher dueshigher duesrise by sameamount asminimum

pay dues

double duesfor 4 months

half doubledues in trust

Locals mayask NEB toadjust dues

delinquent ifno dues paid

notification

ART. 17

ber, s/he is still suspended exceptwhere the company has failed to paychecked-off dues. (c) Where a member has signed a DuesCheck-Off Authorization Card autho-rizing the company to deduct dues,the member shall be considered tohave paid dues for that month even ifthe company fails to deduct them orfails to pay them to the Local Union.(d) When a company fails to deductdues, the Local Union’s Financial Sec-retary must notify the member. Themember must pay the dues within 30days. If the Financial Secretary fails tonotify the member, s/he is consideredto be in good standing.(e) Members suspended as a result oftheir failure to pay dues while em-ployed in a workplace under the juris-diction of another Local Union fallunder Article 18 Section 4.

Section 6A member suspended for not payingdues may reinstate her/himself bypaying a fee. The Local Union will seta uniform reinstatement fee that is

• at least as much as its regular ini-tiation fee, plus

• the dues for each delinquentmonth up to the date of automat-ic suspension or the date of rein-statement, plus

• the current month’s dues. One dollar of each reinstatement fee issent to the National Secretary-Treasurer.

Section 7(a) A member is considered to be ingood standing and does not have topay dues if during a calendar months/he did not work and did not receivebenefits in lieu of work.

43

company failing to pay does not makememberdelinquentLocal tellsmember topay

while in an-other local’sjurisdiction

reinstatementfee

$1 to national

exempt fromduesnormal workweek defini-

ART. 17

(b) Benefits in lieu of work includeSupplemental Unemployment Benefitsor an equivalent lay-off benefit, vaca-tion pay, holiday pay, jury duty pay,bereavement pay and paid absence al-lowance. They do not include pensionbenefits, sick and accident benefits, orWorkers’ Compensation or in the caseof a workplace closure severance pay. (c) If, within a calendar month, a mem-ber receives Supplemental Unemploy-ment Benefits or equivalent of at least50 per cent of her/his gross pay for anormal work week less statutory de-ductions, then the member’s dues willbe one hour straight-time pay. (d) To remain in good standing or re-ceive an honourable withdrawal trans-fer card the member will report imme-diately to the Local Union’s FinancialSecretary any other employment s/hemay get during the layoff, absence, ordischarge. A member not covered by check-offwill notify the Financial Secretary of areturn to work.

Section 8(a) A member remains in good stand-ing without paying dues for the periodof a layoff or leave only for as long ass/he has recall rights as provided forin their respective collective agreementprovided s/he follows the proceduresset out above and does not get an hon-ourable withdrawal transfer card.At the end of the period described inthe above sections of this article, theLocal Union’s records will automati-cally note that the member was issued an honourable withdrawal transfercard. (b) Any member whose workplacecloses shall automatically be consid-ered to have been issued an hon-

44

tion: a workweek is thenumber ofstraight-timehours a per-son worksduring oneweek, as out-lined in theworkplacecontract

benefits inlieu of work dues formembers get-ting benefits

return or new job

Member in good standing

honourablewithdrawalwithworkplaceclosure

ART. 17

ourable withdrawal transfer card. Anymember who receives severance payas a result of a workplace closure isalso considered to have been issued anhonourable withdrawal transfer card.(c) The exception to section 8 (b)above shall be, if a member is a fulltime officer of the Local Union and assuch pays dues to the Local Union. Insuch cases S/he shall be considered amember in good standing only for aslong as s/he remains a fulltime Officerof the Local Union. S/he shall then beissued an honourable withdrawaltransfer card.Section 9Any member becoming out-of-workbecause of illness or injury remains ingood standing for the period of illnessor injury. The member must provideproof of illness or injury. This does notapply to employees who receivesalaries equivalent to 40 hours’ pay(one work week) within a calendarmonth.

Section 10A member is entitled to a refund ifs/he has paid dues by check-off for amonth for which s/he is exempt. Themember must claim the refund in per-son or in writing from the LocalUnion’s Financial Secretary within twomonths after the month when the pay-ment was made. An exempted mem-ber who has paid dues in advanceother than by check-off will be givencredit for future dues when s/he re-turns to work.

Section 11(a) The Local Union will use a receiptbook or register and an official receiptfurnished by the National Union. Allreceipts are to be made out in dupli-cate, the original going to the member.

45

exceptionsforfull timeofficers

ill membersget out-of-work credits

refund ofdues

receipts

ART. 17

The Local Union will keep the dupli-cate and make it available to the Na-tional Union. The National Secretary-Treasurer may order that the dupli-cates be destroyed when they are nolonger needed.(b) This does not apply to Local Unionscovered by check-off arrangements, ifthe company clearly shows on eachcheque stub or pay envelope theamount of the deduction and the rea-son for it.

Section 12From each monthly dues payment,Local Unions will set aside funds tocarry out programs set by NationalUnion policy:

• 10 cents for a Political EducationFund to encourage members toparticipate in political life tostrengthen democracy

• 10 cents for a fund for education-al programs

• two cents as a fund for leisure ac-tivities

• one cent for a Retired WorkersFund for programs that benefitretired workers, in conjunctionwith existing community groups

• two cents for a Women’s Com-mittee Fund for activities that ad-vance the issues of women in theunion and community

• two cents for a Human RightsFund to support human rights is-sues in the union and community.

Section 13(a) Each Local Union will keep 46 percent of the member’s dues and send 54per cent to the National Secretary-Treasurer as the per capita tax. TheNational Secretary-Treasurer will allo-

46

cheque stubs

dues setaside for specific funds

54% per centto National

ART. 17

47

cate the per capita tax as follows: 40per cent to the National Union generalfund, three per cent to the NationalUnion Education Fund, two percent tothe Organizing Fund, two percent tothe National Union Special Mobiliz-ing Fund and 7 per cent to the Nation-al Union Strike Insurance Fund, for atotal of 54 per cent.

Section 14The National Union and each LocalUnion each hold title to their respec-tive share of dues and initiation fees assoon as they are received by the Finan-cial Secretary of the Local Union.

Section 15Local Unions must send all the moneydue the National Union to the Nation-al Secretary-Treasurer by the twentiethof the month following collection.eThe Local Union cannot use any partof this money without the permissionof the National Executive Board. Section 16(a) A Local Union that does not pay allper capita tax due the National Unionwithin three months is automaticallysuspended until it pays what it owesplus interest. In addition, the localwill be notified that a letter will besent to the Employers within theirLocal advising them to send the fulldues to the National Union. Any ex-ception to the above must have theagreement of the National SecretaryTreasurer’s office.(b) A Local Union that does not pay allit owes to the National Union loses itsvoice and vote at convention. Section 17From each member’s monthly percapita tax, the National Union will setaside:

ownership ofincome

Nationalmoney dueevery month

Local sus-pended fornon-payment

no voice orvote

ART. 17

• five cents for the National UnionCommunications Department topromote initiatives to inform themembership/general publicabout the Union’s policies, goals,campaigns and issues.

• five cents to the Human RightsFund to support and promote theNational Union’s activities thatoppose all forms of discrimination

• one cent as the National UnionRecreation Fund to promoterecreation-leisure time programs

• five cents to the Political Educa-tion Fund to be used to strength-en democracy by encouragingmembers and citizens to partici-pate and vote in municipal,provincial, and federal electionsand to run organizational and educational programs to makepeople aware of the need for ac-tive participation in a free anddemocratic society

• one cent for the National UnionRetired Workers fund used topromote and support programsbenefiting retired members andto finance the operation of theNational Union Retired WorkersDepartment

• one cent into an International Af-fairs Fund to promote activitiesimproving the well-being ofworkers and trade unionsthroughout the world

• five cents for the National Wom -en’s Fund to support programsthat benefit female members.

Section 18(a) The National Union will put allStrike Insurance Fund dues from LocalUnions into the National Strike Insur-

48

5¢ Communica-tions

5¢ humanrights

1¢ recreation

5¢ politicaleducation

1¢ retiredworkers

1¢ interna-tional affairs

5¢ women

how strikefunds can bespent

ART. 17

ance Fund. This fund will be used onlyfor

• aiding Local Unions engaged inauthorized strikes or lockouts

• donating or loaning money toother National Unions and non-affiliated Local Unions in strikesor lockouts

• meeting financial obligations in-curred by the National Union orLocal Unions as a result of autho-rized strikes or lockouts. In thiscase the expense must be ap-proved by a two-thirds vote ofthe National Executive Board.

(b) The interest and dividends receivedby the National Strike Insurance Fundmay be set aside as the Organization,Education and Communication Fund.tIf the National Strike Insurance Fundfalls below $45 million, not more than50 per cent of this interest and divi-dends may be set aside.(c) At least once a month, the NationalSecretary-Treasurer will tell LocalUnions the exact Strike Fund balance. (d) The National Executive Board mayarrange loans from Local Unions andother sources to supplement the StrikeFund when needed. It may use any orall of the National Union’s real or per-sonal property to secure the loan(s). (e) The National Executive Board willset up a program for strike relief tohelp members actively participating inan authorized strike or lockout.

Section 19(a) The approximate proportion ofdues spent for political purposes willbe determined by the National Execu-tive Board. (b) A member has the right to object topart of her/his dues being spent onpolitical activities. The member may

49

maximum50% earningson strikefund go toanother purpose

monthly report on bal-ance to locals

NEB mayborrow forstrike fund

program forstrike relief

NEB decidesamount forpolitical activity

14 days toobject

ART. 17

50

appeal toNEB

entitled tocard if paidup and nocharges

some mem-bers needpermission or subject toexpulsion

local officersneed permis-sion fromlocal beforeacceptingmanagementpositionNEB mem-bers, nationalreps, employ-ees need NEB

ART. 17-18

object by notifying the National Secre-tary-Treasurer by registered mail. Theobjection must be made during thefirst 14 days of Union membership orduring the 14 days following each an-niversary of union membership. (c) If an objecting member is dissatis-fied with the allocation made by theNational Executive Board or the dispo-sition of her/his objection by the Na-tional Secretary-Treasurer, s/he mayappeal directly to the National Execu-tive Board. If not satisfied with theboard’s ruling, the member may ap-peal to the Public Review Board orConvention Appeals Committee.

ARTICLE 18Honourable Withdrawal

Transfer CardsSection 1Members are entitled to an honourablewithdrawal transfer card if

• their dues are paid up to and in-cluding the current month, or

• they owe no money to the LocalUnion, and

• there are no charges against them.

Section 2To be entitled to an honourable with-drawal transfer card, the followingmembers must get permission whenthey are offered certain positions, orthey will be subject to expulsion.

• A Local Union Officer or work-place representative who is of-fered a management positionmust get permission from her/hisLocal Union.

• A National Officer, National Ex-ecutive Board member, NationalRepresentative or full-time em-ployee of the National Union who

is offered a management person-nel or labour relations positionmust get permission from the Na-tional Executive Board.

Section 3A laid-off member who is regularlyemployed outside the National Union’sjurisdiction will take an honourablewithdrawal transfer card. Or, to remainin good standing, the member will paydues to the Local Union. The LocalUnion will issue a withdrawal card im-mediately to any member who has vol-untarily left the jurisdiction of CAW-Canada. This does not apply to members whowork for or officially represent CAW-Canada.

Section 4(a) A member in good standing wholeaves the Local Union’s jurisdictiongains membership in another CAW-Canada Local Union by:

• Obtaining an honourable with-drawal transfer card and givingit immediately to the other CAW-Canada Local Union. Failure todeposit the card within one cal-endar month and to pay any ac-cumulated dues will result in ter-mination of the card.

or• Paying an initiation fee and dues

to the other CAW-Canada LocalUnion. The member’s goodstanding will start with the dateof the payment.

(b) This does not apply to membersholding a Local Union office who in-voluntarily left their Local’s jurisdic-tion. However, while in office, themember is not eligible to hold office or

51

permissionbefore acceptingmanagementpersonnel job

member leav-ing jurisdic-tion takeswithdrawalcard or paysdues

transferringmembershipby givingcard to newlocal definitioncalendarmonth:month as defined bycalendar, e.g.May 15 toJune 15 is acalendarmonth, as isFeb. 1 toMarch 1.paying initia-tion fees anddues to newlocal

does notapply to localofficers

ART. 18

be a delegate to a National Conven-tion from any other Local Union.

Section 5When a member moves to a work-place in another local’s jurisdiction asthe result of transfer of operations ora collective bargaining agreement,s/he will be considered to be in con-tinuous good standing in the newLocal Union.

Section 6The National Union has arrangedwith several other unions to honoureach other’s transfer cards. A membertransferring from one of these unionswill deposit her/his transfer card orevidence and be admitted into the Na-tional Union without paying an initia-tion fee. S/he must do this by the endof the first month in which s/heworked a normal work week. Failureto meet the deadline and pay accumu-lated dues will result in the termina-tion of transfer rights, requiring theperson to pay an initiation fee.

Section 7A member who is laid off, then trans-fers to another CAW-Canada LocalUnion and then returns to the originalLocal Union within one year of thelayoff, is considered to have been incontinuous good standing, as it relatesto being eligible to seek election.

Section 8A member transferring to anotherLocal Union who has paid currentdues or dues in advance does not haveto pay duplicate dues. The LocalUnion that received the advance dueswill give them to the new Local Unionor refund them to the member.

52

continues ingood stand-ing if worktransferred to anotherlocal’s juris-diction

transferrights fromsome otherunions with-out payinginitiation feeif done with-in 30 days

laid-off member whotransfers thenreturns with-in a year stillin goodstanding

no duplicatedues formembertransferring

ART. 18

Section 9A member who loses an honourablewithdrawal transfer card may get a re-placement by applying to the LocalUnion Financial Secretary that issuedthe original. The Financial Secretarywill investigate the circumstances andissue a replacement for $1.

Section 10The Local Union issuing them or Na-tional Officers may terminate hon-ourable withdrawal transfer cards forgood reasons.

Section 11After a person deposits her/his cardand resumes membership, s/he is sub-ject to charges for any detrimental actscommitted while s/he was out of theunion on honourable withdrawaltransfer card.

Section 12The National Secretary-Treasurer willsupply Local Unions with pads of du-plicate honourable withdrawal transfercards at cost.

ARTICLE 19Contracts and Negotiations

Section 1(a) It is National Union policy to recog-nize that the spirit, intent and terms ofall contractual relations between the Na-tional Union, Local Unions, subordinatebodies and employers are binding. EachLocal Union and subordinate body mustcarry out the provisions of its contracts. (b) No National or Local union officer,member or representative has the au-thority to encourage, start, take part inor approve any action that is a breach ofany contract entered into by the Nation-al Union, subordinate body, or a LocalUnion.

53

replacing lostcard for $1

local or na-tional officermay termi-nate card

can becharged foracts commit-ted whiletemporarilyout of union

National sup-plies cards atcost

no one hasauthority tobreach a contract

Locals mustcarry outprovisions of their contracts

ART. 18-19

Section 2When a National Union Officer or rep-resentative is participating in negotia-tions to resolve a conflict between aLocal Union and management, a com-mittee selected by the Local Unionwill participate in all conferences andnegotiations. A National officer or rep-resentative will only participate at theLocal’s request.

Section 3(a) Before negotiating a contract orsupplement with any employer, theLocal or National Officer or Represen-tative must have the approval of theLocal Union. After negotiations areconcluded, the proposed contract orsupplement must be ratified by themembers of the Local Union or unit.The vote will take place at a meetingcalled for that purpose or throughsome other procedure, approved bythe National President, that will allowfor the fullest participation by mem-bers. The proposed contract or supple-ment must be approved by a majorityof those voting. (b) A Local Union or unit may applyto the National Executive Board for avoting procedure where apprentice-able skilled trades and related work-ers, production workers, office work-ers, engineers, and technicians vote inseparate groups on the matters whichrelate exclusively to their group and atthe same time, vote also on commonmatters in the contract. (c) Before Local Unions or units sub-mit demands affecting skilled workersto the employer, they must submitthem to the Skilled Trades Depart-ment. This is to work toward indus-

54

local commit-tee partici-pates in allnegotiations

local approvalbefore negoti-ating, mem-bers vote onproposed con-tract, contractgoes to NEBfor approval

apply to NEBfor voting bygroups

skilled work-ers demandsto be submit-ted to SkilledTrades beforeemployers

ART. 19

try-wide standards for agreements onwages, hours, apprenticeship pro-grams, journeyman/journeywomanstandards and working conditions.

Section 4(a) When a Local Union or unit be-comes a party to an agreement onwages, hours or working conditions, itwill make sure the agreement is writ-ten and properly signed by the autho-rized representatives of all the parties. (b) The Local Union or unit must senda copy of each agreement to the Na-tional Secretary-Treasurer, along with acomplete and up-to-date schedule ofjob classifications and wage rates.

Section 5National agreements and supplementsmust be ratified by the members of theLocal Unions and units involved.

Section 6The National Executive Board willprotect Local Unions or units whohave succeeded in gaining betteragreements, so that Local Unionsdoing similar work but with inferioragreements cannot infringe on them.

ARTICLE 20National Councils

Section 1 (a) Where a number of Local Unionsare involved in negotiations and bar-gaining with a major corporation or anassociation of corporations, the Na-tional Executive Board will set up aCorporation Council. A CorporationCouncil will be an administrative armof the National Union. The LocalUnions involved will be members andwill participate through elected dele-gates.

55

agreementmust be written andsigned

copy of contract andwage rates toNational

nationalagreementsratified locally

NEB protectthose withbetter agree-ments

CorporationCouncil forbargainingwith majorcorporationLocals partic-ipate throughdelegates

ART. 19-20

(b) The purpose of a CorporationCouncil is to co-ordinate the demandsof the separate members and formu-late policies to deal with their com-mon employer. It will meet to formu-late new contract demands not laterthan 30 days before the opening of ne-gotiations. A council will deal onlywith matters and policies concerningits immediate corporation. (c) If the large corporation or nationalassociation has widely scatteredbranches, the Corporation Councilwill set up Sub-Corporation Councils.The National Executive Board will de-fine the geographic districts or occu-pational or manufacturing groupingsfor the Sub-Corporation Councils.Delegates from the Sub-CorporationCouncils will form the CorporationCouncil.(d) Voting at Corporation Councilmeetings is based on the number ofper capita taxes the Local Unions payto the National Union.

Section 2 The National Executive Board will es-tablish national councils for the fol-lowing sections: Airline; Indepen-dents, Parts and Suppliers (IPS);Skilled Trades; Education, Technical,Office and Professional Council(ETOP); Aerospace; and Forge andFoundry. These are non-legislativebodies to discuss their section’s spe-cial problems. Where Local Unions orunits have members who work exclu-sively with one section, their inclusionin that council and any financing of itwill be by agreement between the Na-tional President and participatingLocal Union. Where a council hasbeen operating for one year, the Na-tional Executive Board may make af-filiation mandatory. Any Local Union

56

co-ordinatesdemands,deals onlywith mattersconcerningthe one cor-poration

if corporationscattered,may set upsub-corpora-tion councilsdelegatesfrom sub-corp councilswill form corporationcouncil

votes basedon number ofper capitataxes

nationalcouncils bysectionaffiliationmay bemandatory

ART. 20

or unit may appeal this decision to theNational Executive Board under Arti-cle 24.

Section 3 (a) A representative number of LocalUnions may ask the National ExecutiveBoard to set up Industry-wide Coun-cils to discuss problems related towages, hours, benefits and other condi-tions within the industry and to helpset uniform contract language.(b) The office of the National Presidentwill co-ordinate the councils’ activities.

Section 4The National President may appointNational Representatives to work withcouncils, subject to the approval of theNational Executive Board.

ARTICLE 21National Departments

Section 1The National Union will maintain anEducation Department, a Research De-partment and a Communications De-partment. The National President willappoint the Department Directors.

Section 2(a) The Research Department willgather and keep on file information onconditions of employment for the sec-tors in which the National Union is in-volved as well as any other informa-tion needed by the National ExecutiveBoard, National Representatives, orany subordinate body. Local Unions and National staff willinform the department of changes inwages and benefits.(b) Periodically, it will send a bulletinto National Executive Board members,National Representatives and LocalUnions on issues of general interest.

57

Industry-wide councilto help setuniform standards

co-ordinatedthrough Nat. Pres.

reps maywork withcouncils

President appoints directorsresearch, ed-ucation, com-munications

Research departmentgeneral informationon specificeconomicsectors

keeps informed ofCAW wagesand benefits

sends out is-sues bulletin

ART. 20-21

(c) It will submit reports on the gener-al economy as well as economic sec-tors of particular interest to the unionto the National Executive Board andnational conventions. (d) It will help National Representa-tives and staff in their work of orga-nizing, educating, collective bargain-ing and servicing the members.

Section 3(a) Education must be part of the busi-ness of the National Union and ofevery Local Union. The NationalUnion’s education programs are toprovide Local Union leaders andmembers with the training and infor-mation they need to advance the pro-grams and goals of the union. This in-cludes all aspects of union activities:social, political and economic, both na-tionally and internationally.(b) Each Local Union must have an Ed-ucation Committee to promote all as-pects of education affecting the welfareof the members, the union and thelabour movement. Local Unions mustmake every reasonable effort to partici-pate in the National Union’s educationprograms and to promote training forlocal elected leaders.(c) The department will promote thePaid Education Leave Program (PEL)and the Family Education Program.The union will maintain the FamilyEducation Scholarship program to pro-vide opportunities for members andtheir families to increase their under-standing of the union’s programs, poli-cies, and goals as well as the complexproblems facing us. The departmentwill develop a comprehensive pro-gram for the Local Union level to en-courage interest and family participa-tion in CAW-Canada.

reports oneconomicconditions to NEB, conventions

helps repsand staff

Educationdepartmentprovide lead-ers and mem-bers withtraining toadvancegoals ofunion

locals to havean educationcommitteeand partici-pate in train-ing

encouragePEL and fam-ily education

ART. 21

58

Communica-tions Depart-ment to pro-vide informa-tion to mem-bership andpublic

means ofcommunicat-ing changeswith technol-ogy

encouragelocal publica-tions respon-sible to exec-utive consis-tent withnationalunion policy

charges canbe made by 5NEB mem-bers or 11Local Unions

if chargesagainst Secre-tary-Treasur-er, Presidentassumes trialduties

ART. 21-22

59

Section 4(a) The Communications Departmentwill provide information to the mem-bers and the general public by means ofcurrent technology i.e.; web page, aswell as any other means as prescribedby the National President and NationalExecutive Board.(b) As technology changes so will themethods used for communicating withthe members as directed by the Nation-al President and National ExecutiveBoard.(c) The Department will encourageLocal Unions to publish regular bul-letins or newsletters. Local publicationswill conform with the policies of theNational Union. All Local Union orunit editors and editorial committeeswill be responsible to their Local’s orunit’s executive.

ARTICLE 22Charges and Trials of National

OfficersSection 1Charges can be made against NationalOfficers or National Executive Boardmembers by filing a written affidavitwith the National Secretary-Treasurer.It must be signed by five or more Na-tional Executive Board members or bya Local Union member and endorsedby the member’s Local and at least 10other Local Unions.

Section 2If the charges are against the NationalSecretary-Treasurer, they will be filedwith the National President who willthen carry out the trial procedure.

Section 3Immediately after receiving the

60

Sec-Treassendscharges to ac-cused. Ac-cused has 15days to pre-pare defence.Copies go toNEB mem-bers. SpecialNEB meeting10 days later

remains inoffice untiltrial unlessNEB sus-pends by 2/3vote

NEB sets up trial committee

chosen fromdelegates toprevious convention

names writtenon slips ofpaper

NEB memberdraws out 50names

names listed1 to 50

ART. 22

charges, the National Secretary-Trea-surer will send a copy by registeredmail to the accused, notifying her/himthat s/he has 15 days to prepare a de-fence. The Secretary-Treasurer willsend a copy of the charges to all Na-tional Executive Board members, andconvene a special National ExecutiveBoard meeting 10 days after the Secre-tary-Treasurer received the charges.

Section 4Until the trial, the accused will contin-ue in her/his elected office unless aspecial National Executive Boardmeeting is convened and votes by atwo-thirds majority for suspension.

Section 5The first business at the special Na-tional Executive Board meeting will beto set up a National Union Trial Com-mittee. (a) The committee will be chosen frommembers in good standing who weredelegates at the preceding Constitu-tional Convention. Excluded will beNational Union officers, National Ex-ecutive Board members and NationalUnion employees. (b) The name of each qualified mem-ber will be written on a slip of paperalong with the number and location ofthe Local Union from which s/he wasa delegate. The slips of paper must beof the same size and appearance. (c) The National Secretary-Treasurer,in front of the board, will put the slipsof paper into a box, seal it and shake it.Then s/he will open the box. A mem-ber of the National Executive Boardwill draw out 50 slips, one at a time.The Secretary-Treasurer will read outthe names. Each name, in the order inwhich it was drawn, will be written

down opposite a number from 1 to 50.

Section 6During the drawing, the accused orher/his representative and the accuseror her/his representative have theright to be present.

Section 7Immediately after the draw, the TrialCommittee of 12 names will be chosen. (a) Accused and accuser each have theright to remove up to 10 names fromthe list. They will proceed in turn,starting with the accused, to removenames. (b) The first 12 persons remaining onthe list are the Trial Committee. Theywill be told to report to the NationalOffice within five days to proceedwith the trial. Their Local Unions willalso be notified.

Section 8(a) It is a member’s duty to serve on aTrial Committee. However, if a mem-ber has good reason s/he may statethose reasons and withdraw.(b) If a Trial Committee member with-draws, the member whose name isnext in the numerical sequence will betold to report.

Section 9When a member of the Trial Commit-tee appears at the National Office,s/he must produce a statement,signed by the Financial Secretary, say-ing s/he is a member in good standingof her/his Local Union.

Section 10The Trial Committee will begin assoon as all 12 members have arrived.The committee will decide its ownrules and procedure and may elect its

61

ART. 22

accused, ac-cuser or repre-sentatives canbe present

accused andaccuser maystrike 10names each

first 12names leftare trial committeeto start in 5days

member’sduty but maywithdraw forgood reason

next name to replacewithdrawal

membermust bringstatement of “memberin goodstanding”

decide ownprocedureverbatimminuteshear accused,accuser and

own chair and secretary. A courtstenographer will take verbatim min-utes. The accused and accuser have theright to be represented by counsel. Thecommittee will hear the accuser andwitnesses to substantiate the chargesand will hear the accused and all wit-nesses in her/his defence.

Section 11(a) After hearing the evidence and ar-guments, the Trial Committee will gointo closed session. A two-thirds voteis required to find the accused guilty. Ifthe accused is found guilty, the TrialCommittee may, by a majority vote,reprimand the accused. By a two-thirds vote, the committee may sus-pend or remove the accused from of-fice, or suspend or expel her/himfrom membership in the NationalUnion.(b) If a Trial Committee finds the ac-cused innocent, they may find the ac-cuser guilty of malice in filing thecharges. They may levy the penaltieslisted in Section 11 (a) of this articleagainst the accuser.

Section 12Charges against a full-time National Offi-cer concerning her/his own Local Unionwill follow these procedures, not theprocedures for charges against members.

ARTICLE 23Charges Against Members

Section 1A member in good standing maycharge that a member has violated thisconstitution or engaged in conduct un-becoming a member. The accuser mustset the charges out in writing and signthem. The charges must state the exactnature of the alleged offence and, ifpossible, the time during which it hap-

62

all witnesses

2/3 vote tofind guiltymajority toreprimand

2/3 vote toremove fromoffice2/3 to sus-pend or expelfrom union

malicious accuser maybe penalized

applies to national full-time officerseven thoughcharges mayconcern ownlocal

a membermay chargeanothermay chargejointly

ART. 22-23

63

charges toRecordingSecretarywithin 45days

local execu-tive first decides ifcharges areproper

must stateexact offence,be timely, aviolation, notinvolvesomethingbetter settledat member-ship meeting

ART. 23

pened. Two or more members may becharged jointly.

Section 2The accuser must submit the chargesto the Local Union’s Recording Secre-tary, or in the case of National/Provin-cial Local Unions and National UnionCouncils, charges must be submittedfirstly to the sub-local or lodge’sRecording Secretary within 45 days ofwhen s/he became aware, or reason-ably should have been aware, of thealleged offence. If the charges areagainst the Recording Secretary, theywill be submitted to the Local UnionPresident, or in the case of a Nation-al/Provincial Local union, or a Na-tional Union Council, if the chargesare against the sub-local or lodgeRecording Secretary, they will be sub-mitted to the sub-local or lodge Presi-dent. If the acts were committed whilethe accused was out of the Union, sub-local or lodge on withdrawal card, thecharges must be submitted within 45days of the deposit of the withdrawalcard.

Section 3(a) Before notifying a member ofcharges filed against him/her, theLocal Union Executive Board or unitexecutive, or in the case of a Nation-al/Provincial Local Union or NationalUnion Council where applicable, thesub-local or lodge executive will firstreview the charges. The charges areimproper if:

• they do not state the exact natureof the offence, or

• they are not timely under Section2 of this article, or

• the act is not a violation of theConstitution or conduct unbe-

coming a member, or• they involve a question that

should be decided at a member-ship meeting, or in the case of aNational/Provincial Local Unionor National Union Council, at asub-local or lodge meeting.

If the charges are improper, the Execu-tive or in the case of a National/Provincial Local Union or NationalCouncil, the sub-local or lodge execu-tive will notify in writing the accuserand the accused. The accuser may ap-peal the decision to the National Presi-dent. In the case of a National/Provin-cial Local Union or National UnionCouncil, the appeal of a sub-local orlodge decision must first go to the Na-tional/Provincial Local Union or Na-tional Union Council Executive Boardwithin (30) thirty days of the receipt ofa decision. The accuser may appealthis decision to the National President.

Section 4The Local Union executive board or inthe case of a National/Provincial Localor National Union Council, the sub-local or lodge Executive will notify theaccused member that proper chargeshave been filed by receipted or regis-tered mail within seven days after theyreview the charges. The charges and all available informa-tion will be sent to the National Presi-dent’s office.

Section 5The National President will review thecomplaint and tell the members of anyaction needed to correct the violationof the constitution or the detrimentalconduct. The President may hold an investiga-

64

accused mayappeal

accused noti-fied by regis-tered mail in7 days

informationto President

may havehearing

Presidentrules

ART. 23

tion or hearing into the complaint andassign a representative to carry it out.The President will review the reportand decide on the complaint. Any party to the complaint may appealthe decision to the National ExecutiveBoard. Their decision may be appealedto the Public Review Board.

ARTICLE 24Appeals

Section 1An appealing member or body has theduty to use every method of appealoutlined in this constitution beforeseeking a remedy by going to a civil-court or government agency.

Section 2In general, any member or subordinatebody has the right to appeal an action,a decision, a failure or refusal to actthat allegedly results in an injury tothem, or a penalty of one of the follow-ing:

• the National Union, its ExecutiveBoard or one of its officers or rep-resentatives

• an administrative arm of the Na-tional Union, including depart-ments and bargaining councils

• a Local Union or any unit, com-mittee, officer or representative

• a subordinate body of the Na-tional Union or in the case of aNational/Provincial Local Unionor National Union Council, asub-local or lodge.

Section 3(a) The normal levels of appeal are

• first to the membership responsi-ble for the representative, actionor decision

65

appeal toNEB or PRB

duty to follow all appeal stepsbefore goingoutside

a member orsubordinatebody mayappeal decisions orinaction of

NationalUnion, reps

administra-tive arms

Local unions,committees,repssubordinatebody

first level isto member-ship, secondto NEB, thento Conven-tion AppealsCommittee(CAC) or

ART. 23-24

• or in the case of a National/Provincial Local Union or National Union Council the appeal would go from the sub-local or lodge membership to theNational/Provincial or NationalUnion Council Executive Board

• second to the National ExecutiveBoard

• if the appeal is against the deci-sion of a National/ProvincialLocal Union or National UnionCouncil, the appeal would goimmediately to the National Ex-ecutive Board

• third to the Convention AppealsCommittee or Public Review-Board.

All cases will follow this route exceptwhere the constitution sets out a dif-ferent one.The following are examples of commoncases using the normal appeal route.(i) In appealing the disposition of agrievance by a Local Union representa-tive, the first level of appeal is to theunit, or in the case of aNational/Provincial Local Union orNational Union Council, the first levelof appeal is to the sub-local or lodge,second to the Local Union or in thecase of a National/Provincial LocalUnion or National Union Council sec-ond to the National/Provincial Localor National Union Council ExecutiveBoard, third to the National ExecutiveBoard, fourth to the Convention Ap-peals Committee or, where appropri-ate, the Public Review Board. In thecase of a National/Provincial LocalUnion or National Union Councilwhere regular membership meetingsare not held, the first level of appeal isto the National/ Provincial Local orNational Union Council Executive

66

Public Re-view Board(PRB)

appealing agrievance

ART. 24

Board, second to the National Execu-tive Board, third to the Convention Ap-peals Committee, or where appropri-ate, the Public Review Board.If the grievance was handled by a Na-tional representative or officer, the firstlevel is to the National Executive Board,second to the Convention AppealsCommittee or the Public Review Board.(ii) In appealing a ruling by the Na-tional President about a dispute orconstitutional interpretation, the firstlevel of appeal is to the National Exec-utive Board and the second is to theConstitutional Convention.(iii) In appealing a ruling by the Na-tional President about financial miscon-duct in a Local Union, the first level ofappeal is to the National ExecutiveBoard and then to the Convention Ap-peals Committee or the Public ReviewBoard.(b) An appeal is limited in the follow-ing cases:(i) To appeal an action or decision by anational, corporate or industry-widecouncil, the appeal goes directly toand ends with the National ExecutiveBoard.(ii) If the issue does not involve mis-use of funds or a substantive provisionof the constitution, appeals about thefollowing go to and end with themembership of the Local Union. In anAmalgamated Local, the route is firstto the unit membership, then to theJoint Council or general meeting of theAmalgamated Local.

• recreation activities• procedural rulings of the Chair

during meetings• appointment or removal of Local

Union committee officials

67

appealingPresident’sruling on dis-pute or con-stitutional in-terpretation

appealingPresident’sruling onLocal finan-cial miscon-duct

appeal ofcouncil deci-sion only toNEB

appeal of amatter limit-ed in scopegoes to andends withmembershipbody

recreation,proceduralrulings, ap-pointing offi-cials, sendingmembers tomeetings

ART. 24

• sending authorized members toany CAW or other convention ormeeting, except the Constitution-al Convention.

(iii) Appeals about the seating ofmembers at a CAW-sponsored meet-ing where there is a Credentials Com-mittee go first to the committee, sec-ond to the meeting itself, where itends. If there is no Credentials Com-mittee, the appeal goes to and endswith the National President. (iv) An appeal about appointing or re-moving special purpose representa-tives such as benefit or health andsafety committeepersons by the Na-tional President goes to and ends withthe National Executive Board.(v) The National President will be theonly authority in the case of appealsabout the interpretation of a collectivebargaining agreement.(vi) The NEB may reject any appeal orcharge made to it pursuant to Article 23or 24 without a hearing if the appeal orcharge does not raise a prima facie casefor relief. Section 4Unless otherwise indicated, the fol-lowing rules govern all levels of theappeal procedure. (a) The appeal should be specific anddetailed in describing the action or de-cision and include all supportive infor-mation. The member(s) making theappeal must sign it. The appeal mustalso include a return mailing address.(b) (i)Time limits begin from the timethe member first becomes aware, orreasonably should have becomeaware, of the action or decision. If ap-pealing a National Executive Boarddecision, the time limit begins whenthe member receives notice of the deci-

68

appeal aboutseating dele-gates to Cre-dentials com-mittee, thenmeeting or ifno committeeto President

appeal aboutspecial pur-pose reps toNEB

appeal aboutagreementinterpreta-tions to President

general rules

set out detail,include sup-portive mate-rial, sign it

time beginswhen mem-ber becomesaware of de-cision or ac-tion or re-ceipt of NEBdecision

ART. 24

sion. If mailed, an appeal is filed as ofthe date of its postmark. An appealmust comply with the time limits.(ii)The time limits for appeals are

• to Local Union: 60 days• in an amalgamated Local: 60

days to Unit, then 30 days toamalgamated Local

• in the case of a National/Provin-cial Local or National UnionCouncil: 60 days to the sub-localor lodge, then 30 days to the Na-tional/Provincial Local or Na-tional Union Council Executive

• to another subordinate body: 60days

• to National Executive Board: 30days

• to Convention Appeals Commit-tee: 30 days

• to Public Review Board: 30 days(iii) For good reason, the National Presi-dent may waive the time limit for ap-peals to a Local Union or other subordi-nate body, the National Executive Boardor the Convention Appeals Committee.(c) The decision of the lower tribunalmust be complied with before a high-er tribunal can accept the appeal. Thedecision will remain in effect until re-versed or modified. Upon written ap-plication and if there are unusual cir-cumstances, the National Presidentmay waive part or all requirements ofthe compliance.(d) (i) Any party to an appeal beforethe National Executive Board, Con-vention Appeals Committee or PublicReview Board may be represented bycounsel or other representative s/hechooses. The party having counsel orrepresentation will bear the costs ofthe representation. (d) (ii) The appealing member is re-

69

date of filingis postmark

60 to Local60 to unit, 30to Amalga-mated

60 to subor-dinate body

30 to NEB

30 to Con-vention Ap-peals30 to PRB

Presidentmay waivelimits exceptto PRB

must complywith lowertribunal deci-sion Presi-dent maywaive com-pliance

may haverepresenta-tion at NEB,AppealsCommittee,PRBpay own cost

ART. 24

sponsible for any costs incurred by himor her in the conduct of an appeal in-cluding without restriction the generalityof the above legal costs or disburse-ments, lost wages, and travel costs.(e) Any party to an appeal may submita brief or other written statement.(f) (i) When hearings are held, they areto bring to light all the facts and issuesinvolved. The member appealing andthe defendant or their representativesmust appear, along with witnessesthey choose. Everyone must answerall questions fully and truthfully. The hearing will make sure all partieshave full opportunity to present theirpositions.(ii) To minimize cost and inconve-nience, a National Executive Boardhearing, held through its AppealCommittee or the National President,will be conducted in a location close tothat of the member appealing.(iii) A hearing before a panel or commit-tee of a reviewing tribunal is deemed tobe a hearing before the full tribunal. (iv) Any body hearing an appeal orcharge shall insure that a party who isclearly unable to understand the pro-ceedings conducted in English orFrench shall have access to translationservices. These services need not be pro-fessional or certified in nature.Section 5A member may appeal to the LocalUnion at a membership meeting or inwriting to the Recording Secretary.When no regular membership meetingis scheduled within 45 days of receiv-ing the appeal, the Local Union Execu-tive Board may rule on the appeal.Section 6(a) In an Amalgamated Local Union,the member appeals first at her/his

70

may submitbrief

hearings toget completestories

NEB hearingsto be heldclose tomember ap-pealing

panel of re-viewing bodyis same asbody

member ap-peals to LocalUnion mem-bership

in Amalga-mated Local,appeals first

ART. 24

unit’s membership meeting or in writ-ing to the unit’s Recording Secretary orChair. If no regular membership meet-ing is scheduled within 45 days of re-ceiving the appeal, the unit committeeor executive may rule on the appeal.(b) From the unit, the member goes to theAmalgamated Local Union’s Joint Coun-cil. Or, if there is none, to the Local’s gen-eral meeting. The member submits theappeal in writing to the Recording Secre-tary. When neither meeting is held within45 days of receiving the appeal, the LocalUnion Executive Board may rule on it.The executive may enlist the aid of an in-vestigating committee.

Section 7A member may appeal to other subordi-nate bodies at a meeting of their member-ship or in writing to the Recording Secre-tary. When no regular meeting is sched-uled within 45 days of receiving the ap-peal, the body’s executive may rule onthe appeal.Section 8(a) A member appeals to the NationalExecutive Board by writing to theboard in care of the National Presi-dent. The appeal will set out what isbeing appealed with as much detail aspossible. It will include all informationavailable to support the appeal.(b) (i) The National Executive Board hasjurisdiction to decide on appeals againstrulings made by subordinate bodies.The board will consider this kind of ap-peal only after the appropriate member-ship body has ruled on it, except in thetype of cases outlined in Section 3 (b). (ii) In cases where the National Execu-tive Board is the second or higher levelof appeal, the member appealingshould send a copy to the RecordingSecretary of the body that made the

71

to unit mem-bership

then to jointcouncil orgeneral meeting

appeal tomembershipof subordi-nate body

appeals toNEB to President

NEB rules onrulings madeby subordi-nate bodies

where 2ndlevel, copyshould go tofirst body’sRecordingSecretary

ART. 24

ruling s/he is appealing. When theNational President receives the appeal,s/he will obtain the complete informa-tion, records, and material relating toit from the subordinate body.(iii) The National Executive Board is thefirst level of appeal against decisions oractions of a National Officer, representa-tive, administrative arm or departmentof the National Union, except in thetype of cases outlined in Section 3 (b).(c) The National Executive Board mayappoint an Appeals Committee to con-sider the appeal and make recommen-dations. The committee will consist oftwo National Executive Board mem-bers. It will exclude a board member ifthe appeal originates from her/hisLocal Union or if there is any otherconflict of interest. The Appeals Com-mittee will review the records andmake recommendations. It will submitthe full record and recommendationsto the National Executive Board. TheNational Executive Board will make adecision on the appeal.(d) (i) The National President may de-cide an appeal rather than submittingit to an Appeals Committee. S/he maydesignate a representative to conductan investigation or hearing. The Presi-dent will consider the files and recordsof the case and any briefs submitted. (ii) Copies of the President’s decisionswill be sent to all National ExecutiveBoard members. The decision becomesone of the full board unless, within 10days, a board member objects. In thatevent, the National Executive Boardwill decide on the appeal at its nextregular meeting. The National Presi-dent will promptly notify all parties ofthe National Executive Board’s deci-sion. The board will do its best to makethe decision within 60 days of receipt

72

NEB firstlevel on decisions of national officers, reps,depts, arms

NEB may ap-point 2-mem-ber commit-tee to investi-gate and rec-ommend.NEB rules

Presidentmay decidean appeal,designatemay investi-gate

President’sdecision sentto NEB mem-bers. If oneobjects, deci-sion made atnext NEBmeeting

ART. 24

of the appeal by the President.

Section 9(a) There will be a Convention AppealsCommittee that will consist of fourmembers and four alternates selected bylot from delegates to Constitutional Con-ventions. There will be no more than onemember or alternate from the same LocalUnion. One member and one alternatemember must be from Quebec. Members will serve two conventionterms, one half of the members beingreplaced at each convention. A vacancywill be filled by the next alternate se-lected. Any vacancies left will be filledby lot at the next Constitutional Con-vention.(b) The Convention Appeals Commit-tee settles appeals submitted to itagainst rulings of the National Execu-tive Board or a National Trial Commit-tee. All decisions of the ConventionAppeals Committee are final and binding. (c) The committee will meet at leasttwice a year at the National UnionHeadquarters to consider appeals thatwere submitted at least 30 days beforethe meeting. The National ExecutiveBoard will set the procedures for han-dling appeals, subject to review byConstitutional Convention. (d) An appeal made to the ConventionAppeals Committee will be in writing,signed by the member(s) and sent incare of the National President.

Section 10(a) (i) A member making an appeal tothe Public Review Board will do so inwriting, sign it, and send it care of theNational President. (ii) When notified that an appeal to thePublic Review Board has been filed,the National President will forward tothe board’s Chair all documents and

73

8 members, 8alternate chosen by lot from conventiondelegates

term is twoconventions,half replacedat each con-vention va-cancy filledby alternate,then by lot

CAC rulesabout NEBand nationaltrial commit-tee decisions

meets twice a yearNEB sets procedures

appeals toCAC c/oPresident

appeal toPRB c/oPresident

President forwards alldocuments

ART. 24

records in the case. (b) The Public Review Board has thejurisdiction to make final and bindingdecisions on appeals against rulings,decisions and actions in the followingcircumstances:

• matters related to alleged viola-tion of a CAW-Canada ethicalpractices code

• the National Executive Boardhas ruled on an appeal of the ac-tion or decision of a subordinatebody

• decisions of a National TrialCommittee

• suspension for working for de-certification (Article 11 Section 5(a))

• reorganizing or disbanding asubordinate body (Article 13, Section8-9)

• spending dues on political activ-ity (Article 17 Section 19)

• National Executive Board takingcontrol of Local’s assets (Article28, Sections 5-6)

• suspension for financial miscon-duct (Article 44 Sections 4, 6)

• National Executive Board hasruled on an appeal about the han-dling of a grievance (Article 13Section 17). In this case, jurisdic-tion is limited to whether the han-dling was improper because offraud or collusion with manage-ment

(c) (i) The Public Review Board has nojurisdiction to review an official collec-tive bargaining policy of the NationalUnion.(ii) The Public Review Board does nothave jurisdiction to hear an appealconcerning the handling of a grievance

74

PRB decisionfinal andbinding

handles ap-peals of NEB,national trialcommitteedecisionsethical prac-ticesNEB rulingnational trialcommitteeNEB action

cannot ruleon bargain-ing policy

PRB hearingon collectivebargainingmatter limit-

ART. 24

or other issue involving a collective bar-gaining agreement, except where themember appealing has alleged beforethe National Executive Board that thematter was handled improperly be-cause of fraud, discrimination or collu-sion with management, or that the deci-sion of the Local Union or NationalRepresentative had no rational basis. (iii) In grievance cases, the board willfirst review whether it has jurisdiction.If it does not, it will dismiss the appeal.The member appealing may appeal tothe Convention Appeals Committeewithin 30 days of being notified of thedismissal. In this appeal, the membermay not raise any issue settled by thePublic Review Board in its ruling.(iv) The Public Review Board willoverturn a decision only when thelower body acted unreasonably. (d) Notwithstanding any other provi-sions in this Article, where the bodyhearing the appeal decides that the ap-peal does not raise a question of factgermane to the disposition of the ap-peal, the hearing may be conducted onthe basis of written submissions only.

Section 11The following procedures apply to thehandling of complaints of alleged vio-lations of a CAW-Canada ethical prac-tices code.(a) A member must file a complaintabout a breach of a code within 60 daysof first becoming aware, or of when themember should reasonably have be-come aware, of the alleged violation.(b) (i) If the charge is against a subor-dinate body or one of its officers orrepresentatives, a member of thatbody must initiate the charge. First,the member must try to correct thematter by appealing to the LocalUnion’s membership. If not satisfied,

75

ed to fraud,collusion,discrimina-tion

dismissesgrievance appeal if nojurisdictionmember canappeal toCAC

proceduresfor charginga violation ofethics

file a com-plaint within60 days

if chargeagainst alocal or itsrepresenta-tive, membergoes first tomembership,then to NEB.

ART. 24

the member may appeal to the Nation-al Executive Board through the Na-tional President. The President willsend a copy to the Chair of the PublicReview Board. The National ExecutiveBoard will investigate and rule on theappeal. (ii) The National Executive Board willinform the Public Review Board Chairand the complaining member of itsdisposition of the case. If the memberis still dissatisfied, s/he may, within 30days, appeal to the Public ReviewBoard. If there is no appeal, the PublicReview Board may act if it concludesthere is substance to the originalcharge and the National ExecutiveBoard’s action is not satisfactory. (c) If the charge is against the NationalUnion or one of its officers or repre-sentatives, a member of a Local Union,supported by the Local’s membership,must initiate the charge. The membermust submit the complaint, with a cer-tificate of the Local’s approval, to theNational Executive Board through theNational President. The President willsend a copy to the Chair of the PublicReview Board. The complaint will bedealt with as the one above. (d) A member may file a complaintwithout going through the Local Union.In such cases, the member must set outthe reasons for failing to seek or obtainapproval when s/he files the charge. Ifthe National Executive Board or thePublic Review Board agrees there aregood reasons to bypass the Local step,the matter may be processed.(e) The National Executive Board maysubmit any matter within the scope ofthis section to the Public Review Board.(f) If the Public Review Board finds theaccused innocent of violating an ethicalcode, it may rule on the lack of good

76

Presidentsends copy ofcomplaint toPRB chairNEB investi-gates

NEB informsmembers andPRBmember mayappeal toPRB within30 days

if no appeal,PRB may actif not satis-fied withNEB decision

chargeagainst Na-tional mustbe supportedby Local vote

bypassingLocal step bysetting outreasons

NEB maysubmit amatter toPRB

PRB may sus-pend accuserfor maliciousintent

ART. 24

faith of the accuser. If the facts indicatethe accuser acted with malicious intentand in a willful effort to divide and dis-rupt the union, the only action theboard may take is to suspend the ac-cuser’s membership for a period of notless than three months.

ARTICLE 25Public Review Board

Section 1The National Executive Board will setup a Public Review Board to serve asan independent appeal body. The Pub-lic Review Board’s members must beimpartial, have good public reputa-tions, and not work under the jurisdic-tion of the CAW-Canada or be em-ployed by the National Union or any ofits subordinate bodies. The purpose ofan independent Public Review Board isto safeguard the moral and ethicalstandards and practices within CAW-Canada and strengthen the union’sdemocratic process and appeal proce-dures.

Section 2The Public Review Board will havefive members, including the Chair.Their terms will be for the period be-tween Constitutional Conventions. Atthese conventions, the National Presi-dent will propose the names of theChair and members of the Public Re-view Board, approved by the NationalExecutive Board, for ratification. If a vacancy occurs between Constitu-tional Conventions, the National Presi-dent, subject to the approval of the Na-tional Executive Board, will fill it byappointment from a list of names sub-mitted by the remaining members ofthe Public Review Board.

Section 3The Public Review Board will set its

77

independentappeal bodycomposed ofimpartialpersons fromoutside CAW

5 members,nominatedby President,ratified byconvention

vacancy during termappointed byPresidentfrom PRBnominees

set own rules

ART. 24-25

own rules of procedure. To expeditethe disposition of cases, the Chair maycreate panels of not less than threeboard members to act for the PublicReview Board. A panel will have theauthority of the full board.

Section 4The Public Review Board may dismissa matter without a hearing, if an in-vestigation shows the allegations areinsufficient to justify a hearing, orthere is no reasonable possibility anysubstantial evidence in support of theallegations can be produced. The Pub-lic Review Board will send its decisionto the complaining member, the Na-tional Union and any subordinatebody concerned.Section 5The Public Review Board will submitan annual report to the NationalUnion’s membership. It will highlightany situation where it found the com-plaint to be improper and will com-ment on the steps the union took tocorrect the situation. It will include asummary of all appeals handled dur-ing the year. Copies of the report willbe mailed to all Local Unions. Copieswill be available to members. Duringconvention years, copies will be dis-tributed to all delegates. The reportwill be made available to the media.The Public Review Board may submitan interim report. This report will alsobe made available to all members andthe public in the same way as the an-nual report.

Section 6(a) The National Executive Board willprovide an annual operating budgetfor the Public Review Board. The Na-tional Secretary-Treasurer will depositquarterly to the Public Review Board’s

78

may have 3-personpanelspanel has PRBauthority

may dismisswithout hear-ing if insub-stantial or noproof

annual report tomembershipinclude impropercomplaintsmailed toLocal Unions,available tomembers,mediadistributed toconventiondelegatesmay issue in-terim report

PRB has ownbudget, officeapart fromunion, hiresstaff

ART. 25

account in a depository designated byit, the funds required by the budget itsubmitted. The budget will cover allnecessary expenses, including staff,travel and operating expenses, andwill provide reasonable compensationto the board members. The Public Re-view Board will function separate andapart from any Union building. (b) The Public Review Board will selectthe staff needed for their operation.The Chair must have the financialrecords audited annually. The auditsand summary of financial transactionswill be submitted to the National Sec-retary-Treasurer, who will make the in-formation available to the delegates ateach Constitutional Convention.

ARTICLE 26CAW and Quebec Councils

Section 1The CAW Council will recommendconstructive measures for the welfareof the Local Unions and their membersto the National President and NationalUnion. It will discuss agreements, or-ganizational problems, provincial andfederal legislation, and other issues ofinterest to Local Union members.

Section 2All Local Unions, except those locatedin Quebec, must affiliate to the CAWCouncil.

Section 3The CAW Council will be composed ofdelegates elected from the LocalUnions for a term of three years. As acost-saving measure, Local Unionsmay assign their entire vote to asmany delegates as they desire.

Section 4Affiliated Local Unions will pay a per

79

PRB hasbooks audit-ed yearly,submits re-ports to Sec-retary-Trea-surer who re-ports to Con-stitutionalConvention

CAW Coun-cil recom-mends onLocal mem-bers’ interest

Locals out-side Quebecmust affiliate

composed ofLocal dele-gates, 3-yearterm

financed byper capita tax

ART. 25-26

capita tax to finance CAW Council ac-tivities. The funds may be used for or-ganizational work, educational materi-als and lobbying for legislation. Theamount of the tax is subject to the ap-proval of the National ExecutiveBoard.

Section 5If an affiliated Local Union has notpaid its per capita tax, the CAWCouncil Secretary-Treasurer will re-port it to the National Secretary-Trea-surer. The National Secretary-Treasur-er will notify the Local Union’s Presi-dent and Trustees. The Local Unionstands suspended until it has met itsfinancial obligations.

Section 6The CAW Council bylaws must con-form with this constitution and aresubject to National Executive Boardapproval.

Quebec Council

Section 7The Quebec Council will recommendconstructive measures for the welfareof the Local Unions and their membersto the Quebec Director, the NationalPresident and National Union. It willdiscuss agreements, organizationalproblems, provincial and federal legis-lation, and other issues of interest toLocal Union members.

Section 8All Local Unions located in Quebecmust affiliate to the Quebec Council.

Section 9The Quebec Council will be composedof delegates elected from the LocalUnions in Quebec for a term of threeyears. As a cost-saving measure, LocalUnions may assign their entire vote to

80

used for or-ganizationalwork, educa-tion, lobby-ing

suspend affil-iate for non-payment

bylaws con-form to con-stitution andNEB approval

QuebecCouncil rec-ommends onLocal mem-bers’ interest

Locals inQuebec mustaffiliate

composed ofLocal dele-gates, 3-yearterm

ART. 26

as many delegates as they desire.

Section 10Affiliated Local Unions will pay a percapita tax to finance Quebec Council ac-tivities. The funds may be used for orga-nizational work, educational materialsand lobbying for legislation. Theamount of the tax is subject to the ap-proval of the National Executive Board.

Section 11If an affiliated Local Union has notpaid its per capita tax, the QuebecCouncil Secretary-Treasurer will reportit to the National Secretary-Treasurer.The National Secretary-Treasurer willnotify the Local Union’s President andTrustees. The Local Union will standsuspended until it has met its financialobligations.

Section 12The Quebec Council bylaws must con-form with this constitution and aresubject to National Executive Boardapproval.

ARTICLE 27Amalgamated Local Unions

Section lAny two or more bargaining units thatare not part of an Amalgamated LocalUnion may petition the National Exec-utive Board to form an AmalgamatedLocal Union. This request must be ap-proved by the members of the bar-gaining units involved at a generalmeeting called for that purpose. Whenit receives the request, the NationalExecutive Board will investigatewhether an Amalgamated LocalUnion is feasible. If the board decidesthat an Amalgamated Local Union beset up, the National President will pro-ceed without delay. The AmalgamatedLocal Union will include bargaining

81

financed byper capita taxused for orga-nizationalwork, educa-tion, lobbying

suspend affil-iate for non-payment

bylaws conform toconstitutionand NEB approval

2 or moreunits mayask to beamalgamated members in-volved mustapproveNEB deter-mines units tobe included

ART. 26-27

units as the National Executive Boarddetermines. Section 2Any two or more units of an Amalga-mated Local Union may request theNational Executive Board to set up aJoint Council in their Local Union. TheNational Executive Board will, with-out delay, investigate if a Joint Councilis practical. If the board decides it is,the Local Union will, without delay,set up a Joint Council. Members of theJoint Council will be elected by secretballot using the procedures set out inArticle 34 Section 5, whether they areelected directly to the council or aremembers because of another electedposition they hold.

Section 3The members of the Local Union areguaranteed(a) Proportional representation fromeach unit, based on the number of percapita taxes each unit pays to the LocalUnion. Each unit is entitled to at leasttwo representatives to the Joint Council.(b) That they can decide, by a referen-dum vote, to appeal a Joint Council de-cision or action.(c) That each unit will be autonomouson matters that pertain exclusively to it.The general meeting of the members ofa unit will be the highest authority forhandling problems within the unit aslong as they follow their Local Unionbylaws and this constitution.(d) That a percentage of a unit’s duesmay be set aside in a fund for theunit’s exclusive use.

Section 4Newly organized bargaining unitsmay be added to Amalgamated LocalUnions upon approval of the NationalExecutive Board.

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2 or moreunits may re-quest NEB toset up JointCouncilmembers ofcouncil mustbe elected bysecret ballot,either direct-ly or byvirtue of an-other electedposition

membersguaranteedrepresenta-tion on num-ber of percapita taxespaid by eachunitminimum 2per unitby referen-dum, can ap-peal JointCouncil deci-sion.

autonomy on internalmatters

per cent ofdues forunit’s exclu-sive use

NEB addnew units toAmalgamat-ed Locals

ART. 27

Section 5The National Executive Board may, onits own initiative, decide to issue anAmalgamated Local Union charter toLocal Unions.

ARTICLE 28Local Union Charters and

Subordinate BodiesSection 1Fifteen or more people working withinthe jurisdiction of the National Unionmay apply to the National Secretary-Treasurer for a charter to form a LocalUnion.

Section 2The National Secretary-Treasurer willsupply an application blank. The appli-cants will fill it out and return it with acharter fee of $50. If the National Execu-tive Board approves, it will grant acharter and initial supplies. The sup-plies consist of one membership receiptbook, one bookkeeping set, one Record-ing Secretary’s minute book, 15 consti-tutions, one roll call book and onegavel. The charter and supplies remainthe property of the National Union. TheLocal Union may use them only as longas it and its members comply with thelaws of the National Union.

Section 3Local Union charters will read as fol-lows:CHARTERThe National Automobile, Aerospace,Transportation and General WorkersUnion of Canada, (CAW-Canada), es-tablished for the purpose of organizingworkers in the automobile, aerospace,transportation, and other industriesand composed of Local Unions andMembers in different sections of Cana-

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NEB mayissue charter

15 peopleapply forcharter toSec. Treas.

charter fee$50NEB approvescharter andsuppliesproperty ofNationalsuppliesmember receipts,minute book,bookkeepingset, gavel,roll call book,constitutions

charter text

ART. 27-28

da, grants unto and to their suc-cessors, this Charter for the establish-ment and future maintenance of aLocal Union at to be known asLocal Union NoNow, the conditions of this Charterare: that this Local Union under all cir-cumstances shall be subordinate toand comply with all the requirementsof the Constitution, Bylaws and Gener-al Laws or other laws of the NationalAutomobile, Aerospace, Transportationand General Workers Union of Canada,(CAW-Canada), as they may fromtime to time be altered or amended;that this Union shall for all time beguided and controlled by all acts anddecisions of the National Automobile,Aerospace, Transportation and GeneralWorkers Union of Canada, (CAW-Canada), as they may from time totime be enacted; that should this LocalUnion take advantage of any powers,privileges or rights conferred underthe laws as they may exist at any time,said action shall not prevent the National Automobile, Aerospace,Transportation and General WorkersUnion of Canada, (CAW-Canada),from recalling, amending, changing orabolishing any such powers, privilegesor rights.So long as the said Union adheres to these conditions, this Charter to remain in full force; but with any infraction the National Automobile,Aerospace, Transportation and General Workers Union of Canada,(CAW-Canada), may revoke this Charter, annulling all privileges secured by this Charter.We have signed as witnesses and af-fixed the Seal of the National Automo-bile, Aerospace, Transportation and

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ART. 28

General Workers Union of Canada,(CAW-Canada), this day of 20 .National Executive BoardNational PresidentNational Secretary-Treasurer

Section 4To disband, any subordinate bodymust have National Executive Boardapproval. No Local Union or FamilyAuxiliary can disband as long as 15members wish to retain the charter.No other subordinate body can dis-band as long as 15 members or twoLocal Unions want it to continue. In places where there are two or moreLocal Unions and the membership of aLocal Union drops to below 15, thatLocal may be merged with another inthe area, at the National ExecutiveBoard’s discretion.This does not apply to units of Amal-gamated Local Unions.

Section 5If a Local Union disbands, or ceases toexist because the workplace overwhich it has jurisdiction has stoppedoperating, all the funds, property andassets of the Local Union will revert toand become the property and assets ofthe National Union. If a Retiree’sChapter charter has been issued to theLocal Union, such funds, property and assets, where deemedappropriate by the National Unionwill be used to offset the continuingactivities of the Retirees Chapter. Dur-ing the following year, if a new charteris issued to a Local Union with thesame or similar jurisdiction, the Na-tional Executive Board will assign anamount of not more than the value ofthe funds, property and assets to the

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need NEBpermission todisbandcannot dis-band as longas 15 mem-bers or twoLocals wantto keep on

not apply tounits ofAmalgamat-ed Locals

assets of de-funct LocalUnion belongto National

If a Retiree’scharterissued assetswill be usedto offsetcontinuingactivities ofthe RetireesChapter

if new Localstarts withina year, NEBwill give itthe assets

ART. 28

newly-chartered Local Union to helpit begin operations.

Section 6When the funds, property and assetsof a Local Union become grossly dis-proportionate to the number of itsmembers as a result of layoffs or otherreasons, the National Executive Boardmay take possession of and control thespending and use of these funds,property and assets. The National Ex-ecutive Board must hold a hearing andmake the decision by a three-quartersvote. The board will make sure thesefunds, property and assets are used tocarry out the objectives of the Localand National Union and conservethem in the interests of the remainingand any future members.

Section 7(a) If members of a unit feel there isjust cause for the unit to withdrawfrom its Amalgamated Local Union,they may raise the question in any reg-ular meeting. If a majority approves, adate will be set for a special meeting todecide whether to petition the Nation-al Executive Board to withdraw fromthe Local Union.(b) The unit members will receive atleast seven days’ notice of the time,place and purpose of the special meet-ing. The vote must be by secret ballotand requires two-thirds of those vot-ing to pass. If passed, the unit will for-ward to the National Executive Boarda detailed statement setting out thereasons for withdrawing from theLocal Union.(c) The National Executive Board willinvestigate the circumstances and de-termine if there is just cause for with-drawal and the effect a withdrawalwould have on the Local Union and

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where mem-bers declinedrastically,NEB mayassumeLocal proper-ty, assets by3/4 voteto be used tofurther unionobjectivesand conservefor remainingand newmembers

unit wantingto withdrawmay at a reg-ular meetingdecide to calla specialmeeting

7 days notice if specialmeetingvotes by 2/3,secret ballot,request goesto NEB

NEB investi-gates, if satis-fied there isjust cause, or-ders referen-dum vote ofunit

ART. 28

the unit. If the board is satisfied theunit has just cause for withdrawal andthat it will not adversely affect theLocal Union or the unit, the NationalExecutive Board will direct a referen-dum vote of the unit members.(d) The unit members will receiveseven days’ notice of the time, placeand purpose of the referendum vote.The vote will be by secret ballot inbooths located so that all membershave the opportunity to vote. The fol-lowing words will be printed on theballot: “Do you want to withdraw fromLocal________? Yes_______ or No______.”If two-thirds of those voting vote infavour of withdrawal, the National Ex-ecutive Board will issue a separatecharter.(e) If the members at the special meet-ing decide not to petition for with-drawal, or if the National ExecutiveBoard denies the petition, or if the ref-erendum vote does not receive two-thirds, the question of withdrawalmust not be brought up for two years.

Section 8(a) If an Amalgamated Local Unionwants to discontinue the affiliation ofa unit, the matter may be raised in anyregular Local Union meeting or theJoint Council. If that meeting ap-proves, a date will be set for a specialmeeting to decide whether to take avote on the proposed discontinuationof affiliation. (b) The members, or Joint Council dele-gates, will receive at least seven days’notice of the time, place and purpose ofthe special meeting. If two-thirds ofthose present vote in favour, there willbe a referendum vote to decide whetherthe unit should be disaffiliated.

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7 days notice ballot to say“Do youwant to with-draw?”

2/3 vote infavour, NEBissues newcharter

if denied byNEB or de-feated bymembers,cannot comeup again for2 years

if Amalga-mated Localwants to dis-continue aunit’s affilia-tion, decidesat regularmeeting tocall specialmeeting

7 days notice if specialmeetingvotes by 2/3,referendumvote to beheld

ART. 28

(c) The Local Union members will re-ceive at least seven days’ notice of thetime, place and purpose of the refer-endum vote. The vote will be by se-cret ballot in booths located so that allmembers have the opportunity tovote. The following words only willbe printed on the ballot: “Do you wantto discontinue the affiliation of the________ Unit of Local______? Yes____ orNo___.”If two-thirds of those voting vote infavour of discontinuing the affiliationof the unit, the National ExecutiveBoard may issue a separate charter.(d) If the special meeting decidesagainst holding the referendum vote,or if the referendum vote does not re-ceive two-thirds, this question mustnot be brought up for two years.

Section 9All funds and other assets of an Amal-gamated Local Union are and remainthe property of the members of theLocal Union. Any unit withdrawingfrom an Amalgamated Local Unionand obtaining a separate charter is en-titled only to what remains in its ownunit fund, if there was one, at the timeof separation.

Section 10The only chartered subordinate bodiesof the National Union are LocalUnions, FFAW-CAW, the CAW Coun-cil, the Quebec Council, and FamilyAuxiliaries. They are autonomous.All other subordinate bodies existupon the authority of the National Ex-ecutive Board and are generally super-vised by and responsible to it.

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7 days notice ballot to say“Do youwant to dis-continue af-filiation ofunit?”

2/3 vote infavour, NEBmay issuenew charter

if defeated atspecial meet-ing or in ref-erendum,cannot comeup again for2 years

assets prop-erty of LocalUnion mem-bersseparatingunit entitledonly towhat’s in itsown fund

only chartersto Locals,FFAW-CAW,CAW andQuebecCouncils,Family Aux-iliariesother subor-dinate bodiesunder NEB

ART. 28

ARTICLE 29FFAW-CAW

Section 1The Fishermen, Food and Allied Work-ers, (FFAW) is a chartered subordinatebody of this Union in accordance with amerger agreement dated September 27,1988. The FFAW is designated the“FFAW-CAW”.

Section 2The terms and conditions of the merg-er agreement between the CAW andFFAW and the FFAW constitution willapply to the FFAW-CAW. Whereverany provision of the CAW constitutiondiffers with the merger agreement orthe FFAW constitution, the mergeragreement and the FFAW constitutionmust govern and prevail.

Section 3Subject to Article 9 of the mergeragreement, any questions about the in-terpretation or application of this con-stitution to the FFAW-CAW and itsmembers will be resolved by the CAWNational Executive Board. The deci-sion will be final and binding.

Section 4Also, if the National Executive Boardbelieves that the application of a provi-sion of the CAW constitution is con-trary to the spirit and intent of themerger, the board may decide not toapply that provision.

Section 5Except where it is contrary to this arti-cle, or otherwise covered by the merg-er agreement or FFAW constitution,the FFAW-CAW is subject to the provi-sions in Article 28.

Section 6Except where it is contrary to this arti-

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FFAW-CAWacceptedSept. 1988

mergeragreementand FFAWconstitutionprevail overCAW consti-tution

questions ofinterpretationsettled byNEB, deci-sions finaland binding

NEB may de-cide not toapply a con-stitutionalprovision ifcontrary tospirit ofmerger

subject toprovisions ofArticle 28

FFAW-CAW

ART. 29

cle, or otherwise covered by the merg-er agreement or FFAW constitution,the FFAW-CAW and its members aresubject to all the terms, conditions,duties, rights and benefits held byLocal Unions and subordinate bodiesand their members under this consti-tution.

ARTICLE 30Duties and Powers of Subordinate Bodies

Section 1Each subordinate body will strive toattain the objectives set out in this con-stitution; to maintain autonomous re-lations with other organizations; to doall in its power to strengthen and pro-mote the labour movement; to cooper-ate with the National Executive Boardand National Representatives andhelp promote organizational activities.

Section 2All Local Unions must establish by-laws and submit them to the NationalExecutive Board for approval. Bylaws,although enacted by a subordinatebody, are not effective until submittedto the National Executive Board, ex-cept for those enacted under Section 5of this article. Bylaws, once submitted,remain effective unless the NationalExecutive Board repeals them, as setout in Article 13, Section 10.

Section 3All Local Unions must affiliate withthe appropriate provincial federationsof labour and labour councils of theCanadian Labour Congress whereverthey exist. The National ExecutiveBoard may waive this requirement.

Section 4(a) (i) Each single-unit Local Union

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and its mem-bers subjectto constitu-tion

strive to at-tain objec-tives in con-stitution

Local Unionsmust havebylaws effectivewhen sub-mitted toNEB

Locals mustaffiliate toprovinciallabour feder-ations andlabour coun-cils

each LocalUnion or unit

ART.29-30

and each unit of an AmalgamatedLocal Union must hold a regular gen-eral meeting of its members at leastonce a month unless its bylaws pro-vide for general meetings at least onceevery three months. (ii) Where a Local Union or unit holdsgeneral meetings every three months,it must have a workplace council thatmeets and serves as the membershipbody in each of the intervening twomonths. The workplace council will becomposed of all elected officers of theLocal Union or unit, plus additionalmembers elected according to propor-tional representation as spelled out inthe bylaws. (iii) A single-unit Local Union with alarge membership may request the Na-tional Executive Board to authorize itto set up a representative workplacecouncil. The council will consist of allelected officers of the Local Union plusadditional members elected accordingto proportional representation asspelled out in its bylaws. This work-place council will serve as the mem-bership body of the Local Union. Thecouncil will meet once each month andthe Local Union will hold a generalmeeting at least once a year. (b) An Amalgamated Local Union thatdoes not have a Joint Council musthold regular general meetings of itsmembers at least once every threemonths. If there is a Joint Council, theJoint Council will meet at least once amonth and the Amalgamated LocalUnion will hold a general meeting ofits members at least once a year. (c) A Local Union or unit membershipmay decide to postpone meetings dur-ing the summer.(d) A local union whose membershipcovers the majority of provinces may

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to havemonthly gen-eral meetingunless by-laws saymeetingevery threemonthswhere every3 months,must haveworkplacecouncil to bemembershipbody in other2 monthscouncil con-sists of allelected offi-cers + repselected pro-portionally

Local withlarge mem-bership canask NEB toset up work-place councilto be mem-bership body.council meetsmonthly,general meet-ing yearly

Amalgamat-ed Localswith no JointCouncil meetevery 3monthsJoint Coun-cils meetmonthly, onegeneral meet-ing a yearmay put offsummermeetings bya motion orin bylaws

ART. 30

ask the National Executive Board(NEB) for variations from the consti-tutional processes related to member-ship meetings, along with reasoningfor such changes. Any NEB approvalshall be specific, in writing, and beincluded in the local union bylaws.

Section 5In their bylaws, all Local Unions mustinclude rules governing meeting atten-dance by members holding any LocalUnion office. The Local Union will setnon-monetary penalties that may in-clude automatic removal from officefor failing to attend the number ofmeetings required in the bylaws. LocalUnion bylaws on this subject must beapproved by the National ExecutiveBoard before becoming effective.

Section 6A Local Union may employ serviceand organizational staff, if authorizedby its bylaws. Any such staff memberwho serves the Local Union membersand represents them in collective bar-gaining with employers must havebeen a member of the National Unionin continuous good standing for oneyear.

Section 7No subordinate body, nor any of its of-ficers, agents, representatives or mem-bers has the authority to represent, actfor, commit or bind the National Unionin any matter except where the Nation-al Executive Board or the NationalPresident has given that authority inwriting.

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bylaws to in-clude rulesgoverning at-tendance andnon-mone-tary penaltiesmust be NEBapproved be-fore effective

Local mayhire staff staff doingbargainingmust bemember forone year

no subordi-nate body ormember hasauthority tospeak for orcommit theNationalUnion with-out writtenpermission

ART. 30

ARTICLE 31Local Union Building

CorporationSection 1A Local Union may organize a corpo-ration to hold title to real property forthe benefit of the Local Union. It mustbe a membership corporation, withmembership and voting privilegesidentical to the membership of and vot-ing privileges in the Local Union. Thecorporation’s Board of Directors mustbe the Executive Board members of theLocal Union. All provisions of this con-stitution that relate in any way, andcan be applied, to the relationship be-tween the National Union and LocalUnions apply with equal force to therelationship between the NationalUnion and a Local Union corporation.

Section 2All real estate and property of any na-ture belonging to the Local Unions thatmake up the Canadian Region of theUAW under the international constitu-tion remain the property of the LocalUnions upon their merger and amalga-mation with this Union under this con-stitution. The property will be heldand administered by the Local Unionsas newly-chartered locals under thisconstitution.

ARTICLE 32National Union Building

CorporationThe real estate and property of the Na-tional Union may be held and admin-istered either under a building corpo-ration or a trusteeship set up by theNational Executive Board. The Nation-al Executive Board will always main-tain and administer this real estate andproperty. The board may decide totransfer, sell and how to use it.

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Local mayform corp. toown propertymemberssame as LocalmembersCorp. boardsame as Localexecutive

UAW LocalUnion prop-erty remainstheir proper-ty when theybecomeCAW-Canada

NEB may setup corp. ortrusteeship tohold Nation-al propertyNEB makesdecisions onits use

ART. 31-32

ARTICLE 33Membership Mailing List

A Local Union must not make itsmembership mailing list available toanyone except for official Union busi-ness or to satisfy a legal requirement.

ARTICLE 34Local Union Officers

Section 1 All Local Union official representa-tives, whether elected or appointed,will have the duty and obligation tosupport, advance and carry out allprovisions of this constitution, all offi-cial policies of the National Union,and all official policies of the LocalUnion, to the extent where they re-main consistent with National policiesand the constitution.

Section 2(a) The Local Union Executive Boardwill have the authority to representthe Local Union between meetingswhen urgent business requires action.However, the Executive Board mustnot transact any business that may af-fect the vital interests of the LocalUnion until it has the approval of themembership.(b) To conduct the affairs of the LocalUnion and in keeping with CAW-Cana-da objectives, the President, Vice-Presi-dent or Financial Secretary has the au-thority to sign, administer and enforceany contract between the Local Unionand another party. This is subject to theprovisions in (a) and does not apply tocollective bargaining.

Section 3(a) Each Local Union will have the fol-lowing Executive Officers: President,Vice-President or Vice-Presidents,

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no giving outmembershiplist

all officialshave duty tosupport andadvance National andLocal policies

Exec Boardhas authorityif urgent ac-tion neededcannot dovital businesswithoutmembershipapproval

sign contractsoutside bar-gaining

Executive Officers

ART. 33-34

Recording Secretary, Financial Secre-tary, three Trustees, Sergeant-at-Armsand Guide and a retired worker (if thelocal has a chapter).(b) The Local Union Executive Boardwill consist of all Local Union Execu-tive Officers and as many members-at-large as the Local Union deems neces-sary. The election of all members-at-large, whether they are elected direct-ly or hold the position because theywere elected to another office, mustfollow the procedures set out in Sec-tion 5 of this article. (c) The term of office for all elected of-ficials of Local Unions and units isthree years.(d) Notwithstanding the provisionsof paragraphs 3(a), 3(b) and/or 3(c)above, a Local Union may:

• abolish an Executive Officer po-sition other than those specifiedabove in paragraph 3(a);

• consolidate an Executive Offi-cer position with another, with-out abolishing a position speci-fied in paragraph 3(a);

• reduce a paid full time Execu-tive Officer position to a paidpart time position or transformany paid position to an unpaidposition;solely, however, on the basis ofthe adverse financial position ofthe Local Union.

Notwithstanding the provisions of-paragraphs 3(a), 3(b) and 3(c) above, aLocal Union Executive Board mayabolish an Executive Officer posi-tion, render a full time position parttime, or consolidate one or more suchpositions during the term of office ofan Executive Officer solely on thebasis of the adverse financial posi-

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ExecutiveBoard in-cludes Offi-cers andmembers-at-large.(members-at-large mightinclude affir-mative actionpositions)number setby Localterm of officefor all electedofficials 3years

ART. 34

tion of the Local Union.Where an executive officer loseshis/her position and pursuant to acontractual leave of absence, has ajob to return to, no compensation ispayable and no notice is required.Where an executive officer loseshis/her position and has no job to re-turn to pursuant to a contractual leaveof absence, the Local Union shall de-cide a reasonable quantum of com-pensation including salary and bene-fits payable to the executive officer.The decision of the Local ExecutiveBoard must be supported by a vote oftwo thirds or more of the members ofthe Executive Board.An appeal of a decision made underthis section may be made to the Na-tional Executive Board only. No Courtor Tribunal has jurisdiction over anysuch appeal.The onus rests on the Local Union Ex-ecutive Board to demonstrate that itsdecision under this section was basedonly on the adverse financial positionof the Local Union, and for no othermotive.

Section 4(a) No member is eligible for electionas an Executive Officer until s/he hasbeen a member in continuous goodstanding in the Local Union for oneyear immediately prior to the nomina-tion. The exception is in a newly orga-nized Local Union or unit. A retiredmember is not eligible to seek electionas an executive officer of a local unionwith the exception of the position asidentified in Article 34, Section 3 (a)above.(b) The Local Union will determine eli-gibility for election to other LocalUnion offices, committees, etc.

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must bemember for ayear to be eli-gible forExec. Off.

retiredmember noteligible toseek electionas executiveofficer of alocal union

Local sets eli-gibility for

ART. 34

(c) A retired worker shall be elected bythe members of the local union retireeschapter as described in Article 48, Sec-tion 2(c).

Section 5Each Local Union must establish itsown set of rules to govern elections,that have been ratified by their respec-tive membership and approved by theNational Union, and must be consis-tent with the rules outlined in the“GUIDE TO LOCAL UNION ELEC-TIONS” that is published by the Na-tional Union.(a) Unless the National ExecutiveBoard authorizes otherwise, electionswill take place during May or June bysecret ballot. (b) Only nominated candidates may beelected.(c) It takes a majority of votes cast tobe elected to be a Local Union Execu-tive Officer.(d) Members-at-large will be electedby plurality vote, unless the LocalUnion members decide a majority voteis required.(e) Members must be notified sevendays in advance of the time and placeof nominations. There must be at leastseven days between the time of nomi-nations and the date of the election. Anotice containing the time and place ofelections and the time and place forany possible run-off election must begiven to members at least 15 days be-fore the election.(f) Those elected will be installed at thenext regular meeting.

Section 6The following rules must apply to allelections of Local Union Executive

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other officesretired workerelected bymembers ofretirees chap-ter

Local Union establish ownrules to gov-ern electionsconsistentwith “GUIDETO LOCALUNIONELEC-TIONS”

elect by se-cret ballot inMay or June

no write-incandidates

majorityneeded forExec. Off.

members-at-large by plu-rality unlessLocal decidesmajority

7 days noticenomination7 days be-tween nom.and election15 days no-tice of elec-tion

install at nextmeeting

rules forelecting Exec.Officers, con-

ART. 34

Board members. They also apply toelecting National Convention dele-gates, unless different procedures areset out in Article 9.(a) Every member in good standing isentitled to vote at all Local Union elec-tions. Each member must cast her/hisvote personally.(b) All elections must be supervised bya democratically elected Election Com-mittee.(c) The Local Union membership bodymust set all election dates.(d) Elections will be held during speci-fied dates and hours at the specifiedpolling place(s).(e) A Local Union may include in itsbylaws a provision to use an advancepoll.(f) No candidate can be a member ofthe Election Committee that is super-vising the election. (g) A candidate has the right to submitin writing her/his commonly knownname to the Election Committee and tohave it appear on the ballot as s/hehas written it.(h) Each candidate has the right tohave one challenger present when thevotes are cast and when they are tabu-lated. The challenger must be a mem-ber of the Local Union.(i) Following the election, the ElectionCommittee must report the results inwriting to the next membership meet-ing. (j) All ballots and other electionrecords in any election must be keptfor one year. Then the Local Unionmay destroy them unless an appeal ispending. In this case, they must bepreserved until the appeal has beendecided and the decision is final.

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vention dele-gates

all membersentitled tovote. Mustvote person-allyelection com-mittee super-vises all elections

membershipsets dates

election atspecifiedtimes andplacesadvance pollif in bylaws

candidatecannot be onElectionCommitteecandidatecan havename on bal-lot as s/hewants

candidate canhave a chal-lenger whomust be Localmember

election committee re-ports in writ-ing to nextmembershipmeetingmust keepballots andrecords forone year oruntil appealprocess is

ART. 34

Section 7(a) Where there is only one nominatedcandidate for an executive office, thatcandidate is declared elected. (b) Where run-off elections are neces-sary because a candidate fails to re-ceive a majority, the run-off shall beconfined to the two candidates receiv-ing the highest number of votes for theoffice involved. (c) Where three trustees are to be elect-ed and no one candidate receives amajority, the run-off will be confinedto the six receiving the highest numberof votes. If one receives a majority, therun-off will be among the candidatesreceiving the second, third, fourth andfifth highest votes. If two receive a ma-jority, the run-off will be betweenthose receiving the third and fourthhighest votes.

Section 8If an Executive Officer, whose term isnot expiring, wants to be a candidatefor another executive office, s/he mustresign from her/his present office longenough in advance of the nominatingmeeting to permit the nomination andelection of candidates for both officesduring the same election. The resigna-tion would become effective at thetime of installation.

Section 9Any Executive Board member whoholds the office by virtue of holdinganother office in the Local Union auto-matically ceases to be an ExecutiveBoard member when s/he ceases tohold the other position.

Section 10All vacancies in Local Union offices,except President, must be filledpromptly by election. The Local Union

99

done

where onlyone candi-date, de-clared electedin run-offonly top tworemain onballot

in run-off fortrustees, top6, 4 or 2 candidatesremain onballot

Exec. Officerwanting to bea candidatefor differentoffice mustresign toallow elec-tions for bothto be held atsame time

resignationeffective atinstallationExec Bdmember byvirtue of an-other officeceases beingBd memberwhen leavesother office

vice presi-dent fills

ART. 34

may use other means for filling the va-cancies until the election. If the Presi-dent’s office is vacant, the Vice-Presi-dent will fill the vacancy for the unex-pired term. Where there is more thanone Vice-President, the Local Unionwill set a fair procedure for determin-ing which one will fill the vacancy.

Section 11(a) No protest to an election can beconsidered unless it is raised withinseven days of the closing of the pollsor at the next membership meeting,whichever is later. To be valid, protestsprior to the membership meeting mustbe submitted in writing to the LocalUnion.(b) If the members, either in acting ona protest or in voting on an ElectionCommittee recommendation, want tohold a new election, the National Pres-ident must first order the election. TheLocal Union must submit a completereport of the circumstances that causethem to want a new election, as well asthe official minutes of the membershipmeeting, to the National President. Any Local Union member will havethe right to submit a written statementto the National President.(c) As quickly as possible, the NationalPresident may decide whether therewill be a new election or, if s/he findsthe facts sufficiently contradictory,s/he may submit the matter to an Ap-peals Committee for investigation.Then the National President will fol-low the Appeals Committee’s recom-mendations. (d) During this period, the candidateswho would have been elected if theelection had not been challenged willoccupy the offices. If the NationalPresident orders a new election, it

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president vacancyothers filledby election

cannot con-sider protestto electionuntil after 7 days afterpolls close or at nextmeeting

prior to meet-ing, protestin writing toLocalif memberswant newelection,Local mustfirst ask Nat.Pres.

Nat. Pres.may decideor submit toAppealsCommittee

those electedwill hold office untilnew election

ART. 34

must be held as soon as possible. Theofficers elected at the second electionwill hold office during the process ofany higher appeal and until otherwisedirected by the results of the appeal.(e) The National President’s order maybe appealed in the usual way. Howev-er, if the order is based upon an Ap-peals Committee recommendation, theappeal will begin with the review ofthe Appeals Committee recommenda-tions (Article 24 Section 8).(f) A membership decision to refuse toorder a new election may be appealed inthe usual way (Article 24). Those electedin the first election will hold office dur-ing the appeal process and until other-wise directed by the appeal results.

Section 12(a) If the National Union investigatesand discovers that any member hasmisrepresented returns, altered, muti-lated or destroyed ballots, or engagedin any other fraudulent acts concern-ing a Local Union election, the Nation-al Executive Board may remove themember from any position s/he mayhold until there is a hearing. The boardwill notify the member in writing ofthe charges against her/him, give themember due notice and designate aspecial committee to conduct a hearingand make recommendations in a man-ner similar to that in Article 24. (b) The National Executive Board willact on the recommendations in thesame way as it does those of AppealsCommittees. If it finds the memberguilty by a two-thirds vote, the boardmay

• suspend or expel her/him frommembership, or

• remove the member from any po-sition s/he may hold, and/or

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if a further ap-peal, thoseelected in sec-ond electionhold officeuntil outcomeof appeal

order may beappealed innormal way

membershipdecision torefuse newelection maybe appealedas usualthose electedhold officeuntil appealprocess done

NEB, if dis-covers elec-tion fraud,may suspendmember fromoffice

special com-mittee to con-duct hearing

by 2/3, maysuspendfrom mem-bership, re-move fromoffice, takeaway right toseek office

ART. 34

• suspend the member’s right toseek any office or hold any posi-tion in the National Union for upto five years.

(c) Any member so disciplined will benotified in writing and has the right toappeal under Article 24 Sections 5-10.The procedure in this section is in ad-dition to and exclusive of any other ac-tion that may be taken against themember.

Section 13Any member convicted of misrepre-senting returns, altering, mutilating ordestroying deposited ballots, votingfraudulently, intimidating others, orotherwise interfering with a member’sright to vote in Local Union electionsor strike balloting will be subject tocharges. If convicted, the member willnot be eligible for any office within theUnion for two to five years.

Section 14(a) An elected Executive Board mem-ber may be recalled by the memberss/he represents for failing to performthe duties of the office.(b) At least twenty five (25) percent ofthe members s/he represents will signa petition listing the specific com-plaints against the said Executive-Board member and file it with theRecording Secretary of the LocalUnion. The Local Union shall notifythe Executive Board member of thespecific complaints which will includea copy of the petition. The Local shallpost notices of an impending specialmeeting, at least seven (7) days in ad-vance of the meeting. The agenda forthe meeting is restricted to only thosespecific complaints identified in thepetition.

102

member mayappealthis action ontop of anyother

member con-victed offraud not eli-gible for of-fice for 2-5years

ExecutiveBoard mem-ber recalled

(25) percentsign petitionlisting complaints

ART. 34

(c) A quorum for the recall meetingshall be fifty (50) percent of thosemembers that the Executive Boardmember represents. A two (2) thirdsmajority vote of those members pre-sent at the special recall meeting is re-quired to recall an elected ExecutiveBoard member.(d) The meeting shall be chaired by thePresident of the Local Union. If the re-call petition is againts the President,The meeting shall be chaired by theVice-President.

ARTICLE 35Installation Ceremony

The installation ceremony may be per-formed by the retiring President, Act-ing President or any National Repre-sentative. The Installing Officer says: “Give attention while I read to you theobligation: “Do you pledge on your honour toperform the duties of your respectiveoffices as required by the constitutionof the Union; to bear true and faithfulallegiance to the National Automobile,Aerospace, Transportation and GeneralWorkers Union of Canada, (CAW-Canada), to the best of your ability andwith complete good faith to support,advance and carry out all official poli-cies of the National Union and thisLocal Union; to promote a harassmentand discrimination-free environmentand work to ensure the human rightsof all members are respected; and towork tirelessly to advance and buildthe membership of our union; to deliv-er all books, papers, and other propertyof the Union that may be in your pos-session at the end of your term to your

103

recallmeeting(50) percentof members

ART. 34-35

successor in office, and at all timesconduct yourself as becomes a mem-ber of this Union?” Officers respond, “I do.”The Installing Officer then says:“Your duties are defined in the laws ofthe National Automobile, Aerospace,Transportation and General WorkersUnion of Canada, (CAW-Canada), andin your obligation; should any emer-gency arise not provided for in these,you are expected to act according tothe dictates of common sense, guidedby an earnest desire to advance thebest interest of the National Union andthis Local Union. I trust you will allfaithfully perform your duties so thatyou may gain not only the esteem ofyour brothers and sisters, but what isof even more importance, the approvalof your conscience. “You will now assume your respectiveoffices.”

ARTICLE 36Duties of Local Union OfficersSection 1(a) The President will chair all LocalUnion meetings, enforce the constitu-tion and appoint committees not other-wise provided for. The President willsign all requisitions for expenditures au-thorized by the Local Union and coun-tersign all cheques issued by the Finan-cial Secretary. The President will be anex-officio member of all committeeswith the exception of the election com-mittee.(b) The President will appoint a per-son who will act as the Local Union’sorganizing liason. The Organizing lia-son’s duties would be to co-ordinatethe Local’s organizing activities, towork with the National Organizing

104

Presidentchairs meet-ings, enforcesconstitution,appointscommittees,signs requisi-tions andchequesEx-officiomember ofcommittees

ART. 35-36

Department and to report on organiz-ing initiatives and issues to the Presi-dent, the Local Executive and theLocal membership.

Section 2The Vice-President(s) will assist thePresident in her/his duties and attendall Local Union meetings. If the Presi-dent is absent or incapacitated, the Vice-President will perform the President’sduties. Where there is more than oneVice-President, the Local Union willdetermine which one will assume theduties.

Section 3The Recording Secretary will keep acorrect record of the Local Union pro-ceedings and sign all requisitions forfunds that have been authorized by theLocal Union. S/he will read all docu-ments and handle correspondence thatdoes not pertain directly to another of-ficer’s duties. S/he will file documentsand correspondence for future refer-ence. The Recording Secretary willbring any correspondence requiring ac-tion to the members’ attention.

Section 4(a) The Financial Secretary will receiveall dues, initiation fees, reinstatementfees and all other income for any fundreceipts. Where a Local Union has acheck-off arrangement for dues, the Fi-nancial Secretary will issue one receiptfor the cheque received from the compa-ny. Individual receipts will not be issuedunless the company fails to show thereason for and amount of the deductionon the cheque stub or pay envelope.(b) The Financial Secretary will writeand sign all cheques. Every month,s/he will report in writing to the LocalUnion’s regular meeting. The reportwill include amounts received and

105

Vice-Presi-dent helpsPresident, as-sumes dutiesif PresidentabsentLocal will de-cide whichVP assumesduties

RecordingSecretarykeeps min-utes, handlesand keepscorrespon-dence, bringsmatters tomembershipsigns requisi-tions

Financial Sec-retary takesin all money,issues re-ceiptswhere check-off, issuesone receiptonly to com-pany

writeschequesreportsmonthly in

ART. 36

spent during the previous month, list-ed by kind of income and expendi-ture, as well as the amounts remainingin the Local Union’s funds.(c) The Financial Secretary will de-posit all money in the funds set up inthe name and number of the LocalUnion in banks, credit unions or trustcompanies as the Local Union Execu-tive Board directs. (d) By the 20th of each month, the Fi-nancial Secretary will send a report tothe National Secretary-Treasurer onforms furnished by the NationalUnion, together with the per capitataxes of the preceding month, whichbegins on the first and ends with thelast day. The Financial Secretary willhelp the National Union to see that allmembers receive the Official Publica-tion and will make available to eachmember a copy of the National consti-tution and Local Union bylaws.(e) The Financial Secretary will givethe National Secretary Treasurer thenames and addresses of all the LocalUnion officers. The Financial Secretarywill notify the National Secretary-Treasurer and keep a record of allmembers initiated, suspended, ex-pelled, deceased, transferred in or outor reinstated. S/he will keep a com-plete record of all active members ofthe Local Union, including the date ofinitiation, the date and cause of sus-pension or expulsion, the date of rein-statement, the date of death, home ad-dress and any other information need-ed to keep a record of the history of aperson’s membership. (f) The Financial Secretary must notmake the membership list or recordsavailable to anyone except as set outin Article 33.

106

writing income, ex-penses or pre-vious month,amounts re-mainingdeposits allmoney in fi-nancial insti-tution

sends month-ly report andper capitataxes to Na-tional Sec.Treas.helps Nation-al see mem-bers receivepublicationhas constitu-tions and by-laws formembers

keeps recordsof member-shipnotifies Na-tional Sec.Treas. sends ad-dresses LocalOfficers

membershiplist not avail-able

ART. 36

(g) The Financial Secretary will keepan inventory of all Local Unionrecords and property. When possible,s/he will include the date of purchaseand amount paid for each article. S/hewill notify members in arrears of theamount of their debt. When asked, theFinancial Secretary will turn over thebooks to the Trustees for audit and ap-proval. On demand of the NationalSecretary-Treasurer, s/he will producethe books for examination and audit.(h) If it is proven that a Financial Sec-retary intentionally failed to reportmonthly the full membership ofher/his Local Union to the NationalSecretary-Treasurer, or if it is proventhat a Local Union President or Finan-cial Secretary intentionally refused tosign a cheque to send in the fullamount of per capita tax, the LocalUnion may be suspended until itmakes up the deficiency. The officer(s)responsible will not be allowed to holdoffice for two years. (i) The Financial Secretary will deliverall Local Union money, records, andother property to her/his successor.

Section 5(a) The Trustees will supervise allfunds and property of the Local Union.Twice a year, they will audit, or seethat a Chartered Accountant selectedby the Local Union Executive Board,audits the financial records. For thisaudit, they will use duplicate formssupplied by the National Union. Theywill send a copy to the National Secre-tary-Treasurer immediately. TheTrustees will also see that the LocalUnion’s financial officers are bonded inconformity with the laws of the Na-tional Union. (b) The Trustees will see that all fundsare deposited in a bank, credit union or

107

inventoryunion property

tell membersin arrears

presentbooks foraudit

intentionallyfailing to re-port or sendin money forfull member-ship resultsin suspensionof Localofficers re-sponsiblebarred fromoffice for 2years

hand money,records,property tosuccessor

Trustees su-pervise fundsand propertyaudit bookssee financialofficers arebonded

see all fundsproperly de-posited, 3

ART. 36

trust company in the name and num-ber of the Local Union and that thePresident and Financial Secretary aresigning officers. In Local Unions thathave safety deposit boxes, the Trusteeswill see that the signatures of the Pres-ident, Financial Secretary and oneTrustee are required. (c) If the books are not received foraudit 15 days after the end of each six-month period, the Chair of theTrustees will ask the next Local Unionmeeting to act.

Section 6The Sergeant-at-Arms will introduceall new members and visitors and as-sist the President in preserving orderwhen called upon to do so. S/he alsowill take charge of all property of theLocal Union not otherwise providedfor and perform other duties as as-signed.

Section 7The Guide will maintain order, inspectmembership receipts or cards, makesure that all present are entitled to re-main in the meeting, and performother duties as assigned.

Section 8(a) As well as the duties outlined inthis article, Local Union Officers willperform other duties as their bylawsset out or the Local Union may direct.(b) All Local Union officers must com-ply with the provisions of this consti-tution.(c) All Local Union officers, commit-tees, stewards and other membershandling funds or other property ofthe Local Union must turn over allfunds, property and records to theirsuccessors.

108

signatures forsafety de-posit box

if books morethan 15 dayslate for audit,chair reportsto next Localmeeting

Sergeant-at-Arms intro-duces mem-bers, visitors,keeps order

Guide makessure those atmeeting enti-tled to bethere, main-tains order

Local bylaws,Union mayset out moreduties

all officersmust turnover money,records tosuccessors

ART. 36

ARTICLE 37Duties of Local Union

Members Section 1It will be the duty of each member toconscientiously seek to understandand exemplify by practice the intentand purpose of her/his obligation as amember of this National Union.

Section 2Each member has the duty to helpbrother or sister members in case of ill-ness, death or distress.

Section 3Each member has the duty to partici-pate in all municipal, provincial andfederal elections.

Section 4A member who counterfeits or imi-tates National Union dues receipts, in-signia, label or buttons, or deliberatelyuses them, may, after a trial, be subjectto expulsion.

ARTICLE 38Opening and Closing

Ceremonies“I now declare this meeting of LocalUnion No. of the National Auto-mobile, Aerospace, Transportation andGeneral Workers Union of Canada,(CAW-Canada), open for the transac-tion of such business as may properlycome before it.”The following order of business is sug-gested, but a Local Union may changeit:

1. Roll call of officers 2. Read minutes of the previous

meeting 3. Application for membership

109

member’sduty to un-derstand andpractiseobligation asa member

help othermembers

participate inelections

member maybe expelledfor counter-feiting

opening

suggestedagenda

ART. 37-38

4. Voting on applications 5. Initiation of candidates 6. Report of Financial Secretary 7. Reports of officers, committees

and delegates8. Communications and bills 9. Unfinished business10. Good and Welfare 11. Does anyone know of a member

out of work or in distress? 12. New business13. Closing

Bourinot’s Rules of Order will be usedto decide questions of parliamentaryprocedure.

ARTICLE 39Initiation Ceremony

The President will say to the Guide:“You will now place the candidate be-fore me for the obligation.” The Guideescorts the candidate to the President.All new members will take the follow-ing pledge before they are admitted tofull membership in the union:“I pledge my honour to faithful-ly observe the constitution and laws ofthis union and the Charter of Rightsand Freedoms; to comply with allrules and regulations of the govern-ment thereof; not to divulge or makeknown any private proceedings of thisunion; to faithfully perform all the du-ties assigned to me to the best of myability and skill; to so conduct myselfat all times as not to bring reproachupon my union, and at all times tobear true and faithful allegiance to theNational Automobile, Aerospace,Transportation and General WorkersUnion of Canada, (CAW-Canada).”

110

use Bourinotfor procedure

Guide escortsnew memberto President

new memberpledge

ART. 38-39

ARTICLE 40Local Union Committees

Section 1The Local Union must have the follow-ing standing committees: Constitutionand Bylaws, Education, Environment,Recreation, Community Services,Human Rights, Union in Politics, andWomen’s. Where practical local unionleadership commit to engage youngmembers by establishing local unionyouth committees and actively pro-moting the CAW Youth Network. TheLocal Union may decide to set up ad-ditional committees. The Local Unionor workplace organization in an Amal-gamated Local will decide whethercommittee members will be elected orappointed.

Section 2Each Local Union must have an educa-tion committee to promote all aspectsof education affecting the welfare ofthe members, the union and the labourmovement. Local Unions must makeevery reasonable effort to participatein the National Union’s education pro-grams and to promote training forlocal elected leaders at every level.

ARTICLE 41Elected Workplace

RepresentativesSection 1All Stewards, Committeepersons andother workplace representatives are tobe elected for three-year terms. Theymust take the oath of office as noted inArticle 35.Section 2(a) An elected workplace representa-tive may be recalled by the memberss/he represents for failing to performthe duties of the office.

111

standingcommittees

Local mayaddLocal or unitdecides ifmembers ap-pointed orelected

locals to havean educationcommitteeand partici-pate in train-ing

workplacereps elected3-yearstake oath

rep may berecalled forfailing to per-form duties

ART. 40-41

(b) Members s/he represents will signa petition listing the specific com-plaints against the representative andfile it with the Local Union or unit. TheLocal Union or unit will notify the representative of the specific com-plaints and will give due notice to themembers of a special meeting for recall. A two-thirds vote of the mem-bers present at the special meeting isrequired to recall. (c) Each Local Union or unit will set outin its bylaws the number of petitionersrequired for a recall and the quorumneeded to hold a recall meeting.(d) An elected workplace representativecan face recall only once during his/herterm of office.Section 3With National Executive Board approval,elected workplace representatives maybe elected exclusively by and fromappropriate groups as happens in someratification procedures where skilledtrades and related workers, productionworkers, office workers, engineers,and technicians vote separately (Article 19, Section 3 b).

Section 4No protest to an election can be con-sidered unless it is raised within sevendays of the closing of the polls or at thenext Local Union or unit membershipmeeting, whichever is later. To bevalid, protests prior to the membershipmeeting must be submitted in writingto the Local Union.If, as a result of the protest, the LocalUnion orders a new election and theorder is appealed, the election will notbe held until the National Presidentrules on the matter.

112

memberssign petition,rep notified,recall meet-ing held, 2/3vote neededto recall

number ofsignaturesand quorumsize in by-laws

reps electedby and fromspecificgroups ifNEB ap-proved

protest 7days after orat next meet-ing

Nat. Pres.must ordernew election

ART. 41

Section 5The Bargaining Committee may ormay not consist of the Local Union’sExecutive Board members.

ARTICLE 42Local Union Finances

Section 1Local Union funds must be used to de-fray all necessary expenses. Expendi-tures must be approved by the LocalUnion in membership meetings.Section 2All Local Union appeals for funds toother Local Unions must be approvedby the National President before beingrecognized. Such requests will be ap-proved or disapproved promptly. Section 3No Local Union will loan money fromunion funds to any member at any time.

ARTICLE 43Local Union Dues

Section 1A Local Union or unit of an Amalga-mated Local may set membership duesin an amount higher than the minimumdescribed in Article 17, Section 2. Or, ifits dues are higher than the minimum,it may decrease its membership duesto an amount not less than the mini-mum.

Section 2The Local Union or unit of an Amalga-mated Local will give the members atleast seven days’ notice of the pro-posed change and the meeting whereit will be decided. This action requiresa majority of the votes cast by secretballot at the meeting. Before the duesare changed, it must also be approvedby the National President.

113

Bargainingcommitteedoes nothave to beExec. Bd

funds to beused for necessary expensesmust be approved bymembershipLocal appealsto other Lo-cals requireNational ap-proval

no loansfrom unionfunds

Local may sethigher duesor reduce tominimum

ratified bymajority insecret ballotand ap-proved byNationalPresident

ART. 41-42-43

Section 3A Local Union or unit of an Amalga-mated Local may have a procedurethat a member who is delinquent be-cause of not paying dues forfeitsher/his membership without havingcharges laid against her/him.

ARTICLE 44Local Union Audits

Section 1The fiscal year of the Local Union willbegin on the first day of January andend on the 31st day of December.

Section 2(a) Trustees have the duty to audit orhave a Chartered Accountant audittheir Local Union books semi-annually.They will use the forms supplied by theNational Union. The Trustees will sub-mit the report to the Local Union and acopy to the National Secretary-Treasur-er.(b) If a Local Union fails to submit therequired audit, the Local Union will benotified that a letter will be sent to theEmployers within their Local, advisingthem to send the full dues to the Na-tional Union. Any exception to theabove must have the agreement of theNational Secretary-Treasurer’s office.

Section 3(a) If there are inaccuracies or discrep-ancies, the National Secretary-Treasur-er, with approval from the NationalPresident or the National ExecutiveBoard, has the authority to assign arepresentative or Chartered Accoun-tant to take charge of and audit all fi-nancial books, records and accountsof the Local Union.(b) The representative or chartered ac-countant will give the report and find-ings to the Local Union President andthe National Secretary-Treasurer.

114

may be pro-cedure forforfeitingmembershipfor non-pay-ment of dueswithoutcharges

Jan. 1 to Dec. 31

Trusteesaudit or havebooks audit-ed twice ayearreport toLocal andNat. Sec.Treas.

Nat. Sec.Treas. canlook into dis-crepancieswith Nat.Pres. or NEBpermission

report to Nat.Sec. Treasand LocalPres.

ART. 43-44

Section 4(a) If a National Union investigation orany audit indicates that any member,alone or with others, has received orspent Union funds improperly or oth-erwise has engaged in financial mis-conduct, the National Secretary-Trea-surer will submit written details to theNational President. These will includethe exact nature of the alleged miscon-duct, the amount involved and whenit happened.(b) Within 15 days of receipt, the Na-tional President will send a copy byregistered mail to the accused member.If the member pays back the money orcorrects the financial misconduct, thePresident may end the investigation.However, if the member does notmake restitution or correct the miscon-duct, or if the President judges furtherproceedings are warranted, the Presi-dent may decide to hold a hearing.(c) Within 20 days after notifying themember, the National President willappoint a National Executive Boardmember or members or a staff memberto conduct a hearing. Within 10 daysafter selecting a hearing officer, the of-ficer will notify the member and theNational Secretary-Treasurer in writ-ing where and when the hearing willbe. The hearing must be held not lessthan 15 days nor more than 30 daysafter notifying the member and theSecretary-Treasurer. It will be held asclose as practical to where the memberlives. The Secretary-Treasurer and themember (or their representatives) mayappear with any counsel and witnessesthey choose. The officer will conduct afair hearing and submit a written re-port to the National President within 21days of its close.

115

if financialmisconductindicated,Nat. Sec.Tres. writesdetails toNat. Pres.

if membermakes resti-tution Pres.may decidenot to proceedhearing ifmember doesnot makerestitution orif Pres. de-cides to pro-ceed

Pres. ap-points NEBor staff rep toconduct hear-ingnotice tomember andNat. Sec.Treas. ofhearingboth may ap-pear withcounsel, wit-nesses

report within21 days

ART. 44

(d) The National President will decidethe case based on the records and rec-ommendations submitted by the hear-ing officer. If the President decidesthere has been financial misconduct,s/he may order reimbursement andmay suspend the member fromher/his office or the right to seek anyoffice. The member will be notifiedpromptly.(e) Within 30 days of the notification,the member may appeal the Presi-dent’s decision under Article 24. (f) A suspension that is appealed willbe lifted automatically if the NationalExecutive Board does not rule on itwithin 120 days of the beginning of theappeal. If the member does not appealwithin the 30 days, or if the NationalExecutive Board upholds the suspen-sion by a two/thirds vote, the memberis removed from any position s/heholds and may not seek election or ap-pointment until there is full restitutionand the suspension is lifted by a two-thirds vote of the National ExecutiveBoard.Any member so suspended, whose ap-peal has been denied by the NationalExecutive Board, may further appeal thesuspension either to the Public ReviewBoard or the Convention Appeals Com-mittee as provided for in Article 24.(g) The procedure in this section is inaddition to and separate from anyother action that may be taken againstthe member.

Section 5A Local Union will not, in any circum-stances, write off the books or other-wise settle a sum that was spent or re-ceived improperly until it has the Na-tional Secretary-Treasurer’s approval.

116

Pres. decides,may order re-imburse-ment, sus-pend fromoffice or rightto seek office

may appealwithin 30days

if NEB doesnot rule onappeal in 120days, suspen-sion lifted au-tomaticallyif memberdoes not ap-peal, or NEBupholds sus-pension,member re-moved fromofficecannot seekanother untilfull restitu-tion and NEBlifts suspen-sion

procedure inaddition toother action

Local Unioncannot writeoff sum untilNat. Sec.Treas. ap-proves

ART. 44

Section 6If it is claimed that a member owesnon-dues money to the Local Union,the National Union or the NationalStrike Insurance Fund and has not paidit, the Local Union will conduct a hear-ing. The member will be notified inwriting of the hearing and the details ofthe claim. If the hearing finds that themember owes the money, s/he will benotified in writing and given 30 days topay. If the member fails to pay in the 30days, the decision and hearing recordswill be sent to the National President. Ifthe National President decides thehearing was conducted properly, s/hewill tell the member and her/his LocalUnion that the member may not partici-pate until the debt is paid. The member will have the right to ap-peal the President’s decision under Ar-ticle 24.

ARTICLE 45Strikes

Section 1(a) A Local Union or the National Ex-ecutive Board may call a strike votewhen a Local Union or unit is in dis-pute with an employer about the nego-tiating of a collective bargaining agree-ment or other serious issue. All LocalUnion or unit members must receivenotice of the vote. Two-thirds of thosevoting by secret ballot is needed to re-quest strike authorization from the Na-tional Executive Board. Only membersin good standing will be entitled tovote.(b) Where a Local Union or Corpora-tion Council has a different ratificationprocedure as set out in Article 19 Sec-tion 3 (b), and the National ExecutiveBoard has approved it, they will usethe same method for accepting or re-

117

if memberowes non-dues money,Local con-ducts hearingif memberfails to pay,hearingrecords go toNat. Pres.Pres. tellsmember can-not take partin union af-fairs untildebt is paid

Local or NEBmay callstrike votesecret ballot,2/3 requiredto ask NEBfor permis-sion

where sec-tions ratifyseparately,same methodfor strikevotes andvoting on

ART. 44-45

jecting contract changes and the takingstrike votes.

Section 2(a) If a Local Union bargaining com-mittee and the National Representa-tive assigned to it cannot reach anagreement with the employer, the Rep-resentative will submit a full report tothe National President, including arecommendation of approval or disap-proval of a strike. The National Presi-dent will send a copy to each NationalExecutive Board member togetherwith a request for their vote onwhether to approve a strike. Upon re-ceipt of the Board members’ votes, thePresident will quickly notify in writingthe National Representative and theLocal Union of the decision.(b) In an emergency, where delaywould seriously jeopardize the welfareof those involved, the National Presi-dent, after consulting other NationalOfficers, may approve a strike withwritten authorization.

Section 3Only the National Executive Boardand the National President have thepower and authority to call, lead orengage in a strike or work stoppage, orto encourage any workers to take partin a strike or, in the course of theirjobs, refuse to use, make or handle aparticular item. Neither the NationalUnion, nor a Local Union, nor a subor-dinate body, nor any of their officers,members, representatives or agentshave this power, except as authorizedby the National Executive Board or theNational President.

Section 4(a) To end a strike, the Local Union orunit will call a special meeting where amajority vote by secret ballot of allmembers present will decide.

118

contractchanges

if no settle-ment, Reprecommendsto Nat. Pres.,who pollsNEB mem-bers for strikeapproval

emergency,NationalPresidentmay approvestrike

only NEBand NationalPresidenthave authori-ty to autho-rize strike orboycott

majority se-cret ballotvote at spe-cial meetingto end strike

ART. 45

(b) If the National Executive Board de-cides it is unwise to continue a strike,it will order the members involved toresume work. If the members do notcomply, the National Union may stopall assistance.Any such action must be confirmed bythe CAW Council or the Quebec Coun-cil.

Section 5A Local Union or unit engaging in astrike without authorization is not en-titled to assistance from the Nationalor any Local Union.

Section 6With National Executive Board ap-proval, the National President may re-voke the charter of any Local Unionengaging in unauthorized strike ac-tion. This action will cancel all privi-leges, powers and rights of such LocalUnion.

Section 7In an extreme emergency, when the ex-istence of the National Union and thepreservation of members’ rights andliving standards are involved, the Na-tional President and the National Exec-utive Board may declare a generalstrike within the industry. The strikemust first be approved by the membersin a referendum and then be approvedby a two-thirds vote of the NationalExecutive Board. A majority vote of theNational Executive Board will be re-quired to end a general strike.

ARTICLE 46Family Auxiliaries

Section 1The National Union is committed tofamily involvement in the Union’s ac-tivities. Where the families of members

119

NEB mayorder mem-bers to returnto work andstop assis-tance

confirmed byCAW orQuebecCouncil

unauthorizedstrike not en-titled to help

NEB may re-voke charterfor unautho-rized strike

for a generalstrike, refer-endum voteof members,then 2/3 ofNEB

majority ofNEB to end it

families ofmembersmay set upfamily auxil-iary

ART. 45-46

of a Local Union wish to improve con-ditions, protect the interests of theUnion, and foster a better understand-ing within the family of the Union’sgoals and activities, a charter for aFamily Auxiliary will be granted onapplication.

Section 2The National Secretary-Treasurer willsupply an application form. The feewill be $10 for the charter and initialsupplies.

Section 3Auxiliary dues will not be more than50 cents a month per member. The Na-tional Union will not charge a percapita tax.

Section 4The Auxiliary will set up its bylaws sothat they do not conflict with the bylawsof its Local Union or this constitution. Itwill submit the bylaws to the NationalExecutive Board for ratification.

Section 5The Auxiliary must follow this consti-tution and its Local Union bylaws andnot adopt policies contrary to the Na-tional or Local Union. The NationalExecutive Board may revoke its char-ter for an infraction of the constitutionor at the request of the Local Union.

Section 6Family Auxiliaries will be adminis-tered through the National President’sOffice.

Section 7The National President may call na-tional conferences of the Auxiliaries.

Section 8Family Auxiliaries have a duty to ad-here to the principles and policies oftheir Local Union and the National

120

charter fee$10

dues notmore than50¢

bylaws rati-fied by NEB

must followconstitutionand Local by-laws, NEBmay revokecharter

administeredthrough Nat.Pres.

national con-ferences

duty to helpLocals, notinterfere, not

ART. 46

Union; to help their Local Unions intime of need and during labour dis-putes; and to assist Local Unions in so-cial affairs when called upon. LocalUnions will help to set up Family Aux-iliaries. Family Auxiliaries will notcampaign for or against candidatesseeking office in Local Unions. FamilyAuxiliaries will not interfere in LocalUnion affairs.

Section 9No CAW-Canada Local Union mem-ber is eligible for membership in aFamily Auxiliary.

ARTICLE 47Union Label

Section 1The National Union will have a Unionlabel and stamp.

Section 2The National Secretary-Treasurer willcopyright and protect the Union labeland stamp.

Section 3The National Union and subordinatebodies will insist that all equipmentand supplies used to manufacture arti-cles under the jurisdiction of the Na-tional Union bear either the CAW-Canada label or another union label.

Section 4Union representatives will insist thatthese provisions be written into allcontracts between employers and theNational Union.

Section 5No item produced by workers underCAW-Canada jurisdiction will carrythe label or stamp unless the work-place has a contract approved by theNational Executive Board.

121

campaign inLocal elec-tions

CAW mem-ber cannotjoin auxiliary

nationalunion labeland stamp

Sec. Treas. tocopyright

everythingused to haveunion label

to be writteninto agree-ments

label not tobe put onitems madewhere nocontract

ART. 46-47

Section 6The Local Union has the duty to seethat the National Union label is placedon all items produced by CAW-Cana-da members.

Section 7Local Unions will educate their mem-bers about boycotts supported by theCanadian Labour Congress and en-dorsed by CAW-Canada. LocalUnions and members are encouragedto buy union-made products andunion services.

ARTICLE 48Retired Workers

Section 1 The National Executive Board will es-tablish a retired worker structurewithin the National Union.

Section 2 Chapters(a) A Local Union with 25 or more re-tired workers will maintain a LocalUnion Retired Workers Chapter. TheLocal Union will amend its bylaws ap-propriately.(b) The Chapter will hold a generalmeeting of its members at least once amonth. (c) The Chapter’s members will elect aretired worker to be a member of theLocal Union Executive Board withvoice and vote, using the election pro-cedures set out in Article 34, Section 3 (d) The Local Union President or de-signee will be a member of the gov-erning board of the Local Union Re-tired Workers Chapter with voice andvote. (e) Local Union Retired WorkersChapters will conform with NationalUnion policies.

122

Local duty tosee label onall items

Locals to ed-ucate mem-bers aboutboycottsencouragedto buy union-made prod-ucts and ser-vices

25 or moreretired mem-bers, Localset up Re-tired Work-ers Chaptermeeting oncea month

elect a retiredworker toLocal Exec.Board

Local UnionPres. or de-signee mem-ber of Chap-ter’s exec.

conform withNationalpolicies

ART. 47-48

Section 3 Area Councils(a) The National President will estab-lish Area Retired Workers Councils indesignated geographic areas, or bycombination of designated LocalUnions, or on another reasonable basis.(b) The National Executive Board mayset up more Area Retired WorkersCouncils, if needed, to permit retiredworkers to participate in locales wherethey have settled in considerable num-bers.(c) Area Retired Workers Councils maybe either membership or delegate bod-ies, as the National President decides.If a Council is a membership body, allretired workers within its jurisdictionmay join the Council.(d) The President of each Local Unionwithin the jurisdiction of an Area Re-tired Workers Council is entitled toname one delegate to the Council.

Section 4 National CouncilThe National President will set up aNational Retired Workers Councilwith representation as follows: (a) Each Local Union Retired WorkersChapter is entitled to one retired work-er delegate. (b) Each Chapter with more than 1,000members is entitled to one additionalretired worker delegate for each 1,000members or major part of 1,000. TheNational Executive Board may ap-prove additional representation.(c) Each Area Retired Workers Councilthat was set up by the National Presi-dent is entitled to three retired workerdelegates. Each additional Councilthat was created by the National Exec-utive Board is entitled to one retiredworker delegate.

123

Nat. Pres. set up areacouncils

NEB may setup morewhere num-bers warrant

can be mem-bership ordelegatedbodiesif member-ship, all re-tired workerscan joinLocal Pres.entitled toname onedelegate

Nat. Pres. setup Nationaldelegatedcouncileach chapterone delegate

if more than1,000, onemore for each1,000NEB may in-crease rep.

Councils setby Pres. have3 delegatesCouncils setby NEB haveone

ART. 48

(d) Each Local Union is entitled to onedelegate named by the Local UnionPresident.Section 5 Advisory Executive(a) A National Retired Workers Adviso-ry Executive will be established andwill meet quarterly. It will be composedof a chair, a vice-chair, a secretary, asergeant-at-arms, and six Advisory Ex-ecutive Board members-at-large. OneAdvisory Executive Board member willbe elected from Quebec, one AdvisoryExecutive Board member will be elect-ed from Western Canada at a specialRetired Workers Council, held onceevery three years in Western Canada.The remaining four Advisory ExecutiveBoard menbers will be elected by theNational Retired Workers Council. Theterm will be for three years. (b) The National Executive Board willconsult with representatives of the Na-tional Retired Workers Advisory Exec-utive about programs and policies thataffect retired workers.(c) Each elected member of the NationalRetired Workers Advisory Executive isautomatically a delegate to CAW-Cana-da conventions with voice and one voteeach. (d) The chair, vice-chair, a secretary, asergeant-at-arms and five AdvisoryExecutive board members are auto-matically delegates to the CAW Coun-cil with voice and one vote each. TheAdvisory Executive board memberelected from Quebec is automatically adelegate to the Quebec Council withvoice and one vote.

Section 6 Membership and Dues(a) Membership in the Retired Work-ers bodies is open to any member enti-tled to retired membership status, asset out in Article 6, Section 12.

124

Local Pres.names onedelegate

Nat. Adv.Exec meetquarterlychair, vice-chair, sec.serg., sixboard mem-bers.One electedfrom Quebec,one electedfrom WesternCanada, fourby NationalCouncil

3-year termNEB consultswith Nat.Adv. Exec.

elected Adv.Ex. membersdelegates toconventions

delegates toCAW andQuebecCouncils

open to anymember enti-tled to retiredstatus

ART. 48

(b) Retired workers are not required topay dues during retirement. To assistin financing, voluntary retired mem-bership dues are $1 per month. A LocalUnion that wants to increase theamount must have National ExecutiveBoard approval. (c) Dues will be allocated as follows:

• 55 cents to National RetiredWorkers Fund, of which 10¢ goesto the Area Retired WorkersCouncil

• 45 cents to Local Union RetiredWorkers Chapter

The National Executive Board will de-cide the distribution of funds from theNational Retired Workers Fund. EachLocal Union Retired Workers ChapterFund shall be held by the Local Unionfor disbursement upon the request ofthe Retired Workers Chapter.Section 7 BylawsThe National Retired Workers Council,the Area Retired Workers Councils,and the Local Union Retired WorkersChapters will have bylaws that areconsistent with this constitution andapproved by the National ExecutiveBoard.

ARTICLE 49Severability

If any provision of this constitution isprohibited by law and therefore invalid,or found to be void or unenforceable,this does not invalidate any remainingprovisions in this constitution.

CAW-CANADA ETHICALPRACTICES CODESDemocratic Practices

CAW-Canada is proud of its democrat-ic heritage. Its constitution is designedto ensure all members have their full

125

voluntarydues $1 Local may increase with NEB approval

55¢ to Nat. 10¢ of 55¢ toArea Council

45¢ to Chap-ter

NEB decideson Nat. fundLocal holdschapterfunds fortheir request

bylaws ap-proved byNEB

if one partfound in-valid, rest ofconstitutionstill in force

constitutionmakes suremembers

ART. 48-49-CODES

democratic rights, both as individualsand through their elected representa-tives, to express themselves freely andto participate at all levels in the deci-sions governing the Union. Moreover,individual rights are protected againstinfringement or abuse, for membersmay appeal decisions concerning theadministration of the Union to theLocal Union, the National ExecutiveBoard and the Constitutional Conven-tion; and members have the right tosubmit appeals to the Union’s PublicReview Board, which comprises citi-zens with national reputations outsidethe labour movement, whose decisionsare final and binding.The democratic principles that have al-ways governed the National Unionand its Locals are1. Each member is entitled to shareequally in governing the Union. Eachmember has full freedom of speechand the right to participate in the de-mocratic decisions of the Union. Sub-ject to reasonable rules and regula-tions, each member has the right torun for office, to nominate and to votein free, fair and honest elections. In ademocratic union, as in a democraticsociety, all members have rights, butthey also must accept correspondingobligations. All members have theright freely to criticize the policies andpersonalities of Union officials; how-ever, this does not include the right toundermine the Union as an institution,to vilify other members of the Unionand its elected officials, to carry on ac-tivities with complete disregard of therights of other members and the inter-ests of the Union, to subvert the Unionin collective bargaining, or to advocateor engage in dual unionism.

126

have full de-mocraticrights, in-cludingrights of ap-peal

members fullshare in gov-erning,speech, vot-ing, electionfor office,criticize

does not in-clude right toundermineunion as aninstitution orto vilify

CODES

2. Membership meetings will be heldregularly, with proper notice of timeand place. They will be conducted inan atmosphere of fairness. 3. All Union rules and laws must befairly and uniformly applied. Discipli-nary procedures, including adequatenotice, full rights of the accused andthe right to appeal, will be fair andgive full due process to each member. 4. Each Local Union will maintain ade-quate safeguards so that all its opera-tions are conducted democraticallyand fairly. No corruption, discrimina-tion or anti-democratic procedure willever be permitted.

Financial PracticesUnion funds are held for the benefit ofthe membership. Members are entitledto assurance that Union funds are spentfor proper purposes. Members are alsoentitled to be reasonably informed as tohow Union funds are invested or used. 1. The National Union and its LocalUnions will conduct their ownershipfunctions, including all contracts forpurchase or sale or for rendering house-keeping services, in line with the prac-tices of well-run institutions. They willsecure competitive bids for major con-tracts.2. The National Union and its LocalUnions will not permit any funds to beinvested in a way that results in the per-sonal profit or advantage of any officeror representative of the Union. 3. No contracts to buy, sell or supplyservices will result in the personal profitor advantage of any officer, representa-tive, or employee of the Union. Nor willany officer, representative or employeeof the National Union or any LocalUnion accept personal profit or specialadvantage from a business with whichthe Union bargains.

regular meet-ings, fairlyrun

apply lawsand rulesfairly

no corrup-tion, discrim-ination, anti-democraticprocedures

funds areheld formembershipmembers en-titled to bekept in-formed

conduct own-ership func-tions likewell-run in-stitutionssecure com-petitive bids

will not in-vest funds tobenefit an of-ficer or rep

no contractsto benefit of-ficer or repno officer orrep to acceptprofit frombusinessUnion bar-gain with

127

CODES

4. Neither the National Union nor anyof its Local Unions will loan money toits officers, representatives, employeesor members, or members of their fami-lies.

Health, Welfare and RetirementFunds

1. No official, representative or em-ployee of the National Union or aLocal Union will receive fees orsalaries of any kind from a fund set upto provide health, welfare or retire-ment benefits, except for reasonablereimbursement provided for in a col-lective bargaining agreement and ex-pressly approved by the National Ex-ecutive Board.2. No official, employee or other per-son acting as agent or representative ofthe National Union or a Local Union,who has responsibility or influence inadministering health, welfare and re-tirement programs or placing insur-ance contracts, will have any compro-mising personal ties, direct or indirect,with outside agencies such as insur-ance carriers, brokers, or consultantsdoing business with health, welfareand retirement plans.3. Complete records of the financial op-erations of all the Union’s health, wel-fare and retirement funds and pro-grams will be maintained in accor-dance with the best accounting prac-tice. Each fund will be audited regular-ly. 4. All audit reports will be available tothe Union members covered by thefund. 5. The trustees or administrators ofsuch funds will make a full report tothe members covered by the fund atleast once each year.

128

no loans

no one to re-ceive moneyfrom benefitsfund unlessset out inNEB ap-proved col-lective agree-ment

no ties withoutside agen-cies supply-ing services

completerecords, au-dited regu-larly

records avail-able to mem-bers

report once ayear

CODES

Business and Financial Activi-ties of Union Officials

Any person who represents CAW-Canada and its members, whetherelected or appointed, has a sacred trustto serve the best interests of the mem-bers and their families. Therefore,every officer and representative mustavoid any outside transaction thatgives even the appearance of a conflictof interest. The special fiduciary natureof Union office requires the highestloyalty to the duties of the office. 1. The Union’s mailing lists are valu-able assets. To protect the interests ofthe entire membership, Union officersand representatives will not, underany circumstances, turn over a Unionmailing list to an outsider for use inthe promotion or sale of any goods orservices that benefit an individual or aprivate concern. Mailing lists are to beused only to promote the necessary le-gitimate functions of the Local Unionand for no other purpose. 2. No officer or representative willhave a personal financial interestwhich conflicts with her/his Union du-ties.3. No officer or representative willhave any substantial financial interest(even in the publicly-traded, widely-held stock of a corporation except forstock-purchase plans, profit sharing ornominal amounts of such stock), in anybusiness with which the CAW-Canadabargains. 4. No officer or representative will ac-cept “kick-backs,” under-the-table pay-ments, valuable gifts, lavish entertain-ment or any personal payment, otherthan regular pay and benefits for workperformed as an employee from anemployer with which the Union bar-

must avoideven the ap-pearance ofconflict of in-terest

mailing liststo be usedonly forunion business

no financialinterest toconflict withUnion duty

no substan-tial interest inany businessUnion bar-gains with

no kick-backs, gifts

129

CODES

gains or from a business or profession-al enterprise with which the Uniondoes business. 5. The principles of this Code apply toinvestments and activities made bythird parties on behalf of such officialsor representatives.

130

principlesapply tothird partieswhere usedto hide activity

NOTES

CODES

INDEX Art. page

Subject Index

Administrative body ..................................13 28-5820 57-58

Aerospace Council ......................................20 58Airline Council ............................................20 58Alternates ......................................................9 13Amalgamated Local Unions ......................27 83–84

Appeals: about: bargaining ..................................24 76

electing convention delegates ..........9 17elections in Local Unions ................34 96–103

41 112-113financial misconduct ........................44 114grievances ..........................................24 68

24 76improper charges..............................23 65interpreting constitution..................24 69interpreting contract ........................24 70Local Union or subordinate

body decisions ................................13 3224 6927 84

NEB decisions ..................................13 2824 75

National President decisions ..........14 35–36National Trial Committee

decisions ..........................................24 74spending dues on political

activity ............................................17 5124 76

suspension ........................................11 24–2524 75-76

content of ................................................24 70compliance with ....................................24 71limited types of ......................................24 69-70procedures for........................................24 70

Subject Index

Administrative body ..............................13 28-5820 57-58

Aerospace Council ..................................20 58Airline Council ........................................20 58Alternates ..................................................9 13Amalgamated Local Unions ..................27 83–84

Appeals: about: bargaining................................24 76

electing convention delegates ......9 17elections in Local Unions ..............34 96–103

41 112-113financial misconduct......................44 114grievances........................................24 68

24 76improper charges ..........................23 65interpreting constitution ..............24 69interpreting contract ......................24 70Local Union or subordinate

body decisions..............................13 3224 6927 84

NEB decisions ................................13 2824 75

National President decisions........14 35–36National Trial Committee

decisions........................................24 74spending dues on political

activity ..........................................17 5124 76

suspension ......................................11 24–2524 75-76

content of ............................................24 70compliance with ................................24 71limited types of ..................................24 69-70procedures for 24 70

Subject Index

Administrative body 13 27-5720 55-57

Aerospace Council ......................................20 55Airline Council ............................................20 55Alternates ....................................................9 12Amalgamated Local Unions......................27 81–83

Appeals: about: bargaining ..................................24 74

electing convention delegates ........9 17elections in Local Unions ................34 94–103

41 111-112financial misconduct........................44 115grievances..........................................24 66

..........................................................24 75improper charges ............................23 63interpreting constitution ................24 67interpreting contract ........................24 68Local Union or subordinate

body decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 82

NEB decisions ..................................13 27..........................................................24 74

National President decisions ..........14 34–35National Trial Committee

decisions ..........................................24 73spending dues on political

activity ............................................17 49..........................................................24 74

suspension ........................................11 24–..........................................................24 73-75

content of................................................24 69compliance with ....................................24 69limited types of......................................24 67-68procedures for........................................24 68

131

representation at....................................24 69routes of ..................................................24 65-69subjects of ..............................................24 65time limits on ........................................24 69to: Convention Appeals Committee ..24 73-75

Local Unions or subordinate bodies ..............................................24 71

National Executive Board................13 30–31..........................................................24 71-72

Public Review Board........................24 73-77Appeals Committee ....................................24 72

..........................................................24 73Appeals for funds........................................42 113Area Retired Workers Council: SEE

Retired WorkersAssets ..........................................................28 85, 88Audits:

Local Unions ............................................6 7..........................................................36 105–106..........................................................44 114–117

National Union ......................................13 34

Authority:constitution ..............................................3 5contracts..................................................14 36

..........................................................19 53

..........................................................34 94FFAW ......................................................29 89members ..................................................7 10

..........................................................29 90National Executive Board ....................13 27National President ................................14 34strikes ......................................................45 117

Auxiliaries: SEE Family AuxiliariesBargaining:

double dues............................................17 42special convention for ............................9 19

Bargaining Committee................................41 113..........................................................45 118

132

INDEX Art. page

Benefits: SEE SalariesBonds ..........................................................13 33

..........................................................14 37

..........................................................36 105Boycotts ........................................................47 122Building Corporations................................31 93

..........................................................32 93Business activities of Union officials ............ 129–130Bylaws:

CAW........................................................26 80Family Auxiliary....................................46 119Local Union ............................................30 90

..........................................................34 98

..........................................................36 106

..........................................................41 112National Executive Board can

repeal ....................................................13 31Quebec Council ....................................26 80Retired Workers ....................................48 122

Calendar month, definition .......................... 51CAW Council ..............................................11 2223

..........................................................26 79-80

..........................................................28 88

..........................................................48 124Certification in Quebec ..............................14 39Charges:

against members....................................23 62–65against National Officers......................22 59

..........................................................22 61for election fraud ..................................34 101improper ................................................23 62–65malicious ................................................24 76violating ethical practices code ..........24 76–77

Charter:Family Auxiliary....................................46 119-121Local Union ............................................28 83–84National Executive Board issues ........13 27revoking..................................................45 119

133

INDEX Art. page

134

INDEX Art. page

Chartered subordinate bodies ..................28 88Check–off......................................................17 44Communications Fund ..............................17 47Committeepersons: SEE Workplace representativesCommunity Services Committee ..............40 111Constitution:

amending..................................................3 5............................................................9 13, 18..........................................................13 32

appealing interpretation of ..................13 32..........................................................24 69

authority ..................................................3 5Constitution and Bylaws..............................1 5Constitution and Bylaws Committee ......40 111Constitution Committee ..............................9 17Constitutional Convention: SEE ConventionsContracts:

Local officers can enter ........................34 95National Executive Board can

make......................................................13 32National President can enter ..............14 36procedure ..............................................19 53–55Quebec Director ....................................14 38representing members ............................6 9union label..............................................47 121voting on ..................................................6 9

..........................................................45 117Conventions:

agenda ......................................................9 12authority ..................................................7 10committees ..............................................9 17–18credentials ................................................9 13elects National Executive Board..........11 21–23every three years ....................................9 11Local Union losing vote........................17 40–47minutes ..................................................14 36number of members in a Local..............9 14quorum ....................................................9 13

ratify Public Review Board ..................25 77Special ......................................................9 19–21unfinished business ................................9 12vote entitlement ......................................9 13–14SEE ALSO Delegates

Convention Appeals Committee ..............24 66..........................................................24 73

Corporation Councils ................................17 42..........................................................20 55–57

Credentials Committee ................................9 18–19Delegates to:

Area Retired Workers Councils ..........48 123CAW Council ........................................26 79

..........................................................48 123convention:

automatically ......................................9 16..........................................................48 122

cannot be bound ................................9 16election of ............................................9 17

..........................................................34 96–97eligibility of..........................................9 16

..........................................................18 52entitlement of Local Union................9 13, 14protesting election of..........................9 18redoing election of..............................9 19

Corporation Councils ..........................20 55National Retired Workers Council ....48 123Quebec Council ....................................26 80-81

..........................................................48 124Special Conventions................................9 19

Democratic Practices Code ............................ 125–126Departments ................................................13 32

..........................................................21 57–59Disputes ........................................................14 34Dues

check–off ................................................17 40- 41doubling..................................................17 42due by ....................................................17 47duplicate ................................................18 52

135

INDEX Art. page

exempt from ..........................................17 43-44Family Auxiliary....................................46 119Local Union changing ..........................17 41

..........................................................43 113member delinquent if not paying ......17 42minimum monthly ................................17 41ownership of ..........................................17 47political activity ....................................17 49–50receipts ....................................................17 45refund......................................................17 45skilled trades ..........................................17 41special arrangements ............................14 35

..........................................................17 42special funds ..........................................17 46Retired Workers ....................................48 125unit ..........................................................27 82SEE ALSO: Member in good standing

Education........................................................2 5Education Committee ................................40 111Education Department ..............................21 58Education fund ............................................17 47Education Technical Office

and Professional Council ......................20 56Election:

National Executive Board ....................11 22National President ................................11 22National Secretary–Treasurer..............11 22National Trustees ..................................11 22Quebec Director ....................................11 22reorganizing a subordinate body........13 30workplace representatives ..................41 111

Election Committee ......................................9 16..........................................................13 30..........................................................34 98

Eligibility:for any position......................................11 22, 24for membership ......................................6 8for National office ................................11 22, 24

..........................................................15 39–40

136

INDEX Art. page

if convicted of fraud..............................34 100-101in Local Union elections ......................11 25

..........................................................15 39

..........................................................18 52

..........................................................34 94to be National representative ..............11 25

..........................................................15 39to be temporary organizer ..................15 39

Environment Committee............................40 111Ethical Practices Codes ..............................24 74

.............................................................. 125-130

Expenses: SEE SalariesExpulsion: SEE SuspensionFamily Auxiliaries ......................................28 83- 86

..........................................................46 119–121Family Education Program........................21 58Family Education Scholarship ..................21 58Financial Practices Code ................................ 127-128Financial records ........................................14 37Financial Secretary ........................................6 7

..........................................................17 44–45

..........................................................22 61

..........................................................36 104–108Fiscal year, Local Union ............................44 114Fiscal year, National Union ......................16 40Fishermen, Food and Allied Workers ......11 22

..........................................................28 89

..........................................................29 89–90Forge and Foundry Council ......................20 56Full–time:

National Officers ..................................11 22–23..........................................................14 34, 35

only one position ..................................12 27Funds:

education ................................................17 47–48general funds ........................................17 46-47human rights..........................................17 46, 48

137

INDEX Art. page

International Affairs..............................17 49leisure and recreation ..........................17 46- 49National Executive Board manages....13 31National Secretary-Treasurer keeps ..14 37new member orientation ......................17 40organizing ..............................................17 46organizing, education,

communications..................................17 49political education ................................17 46, 48Retired Worker ......................................17 46, 48strike insurance......................................17 47

..........................................................17 49women ....................................................17 46, 48

General funds ..............................................17 46–47Grievances ......................................................6 9

..........................................................24 66Guide ..........................................................36 108Headquarters ................................................4 5

..........................................................14 36Health, welfare and retirement funds.......... 128Hearings on misuse of funds ....................44 114–115Human rights ..............................................17 45

..........................................................40 111Illness, members ............................................6 8Independents, Parts, Suppliers

Council ....................................................20 56Industry–wide Council ..............................20 56Initiation fees..................................................6 7

..........................................................17 40

..........................................................18 51International Affairs fund ..........................17 48Joint councils ................................................27 82–83

..........................................................30 91Jurisdiction ....................................................5 6Leisure ..........................................................17 46Loans ..........................................................17 49

..........................................................42 113

138

INDEX Art. page

139

Local Unions:affiliate to................................................20 55

..........................................................26 79-81

..........................................................30 90agenda ....................................................38 109bylaws ....................................................30 90chartered subordinate body ................28 88committees ............................................40 111disbanding..............................................28 85dues and fees..........................................17 42education ................................................21 58election fraud ........................................34 101election protest ......................................34 100eligible for convention............................9 14Executive Board ....................................34 94-95

..........................................................48 122Executive Officers

duties of ............................................36 105–108elections of ........................................34 94–95list of ..................................................34 94

funds ......................................................17 46..........................................................42 113..........................................................44 114–116

inform of contract changes ..................21 57meetings..................................................30 91National Executive Board helps..........13 30–31new member orientation fund ............17 40notify member of non–payment ........17 42number of members in ..........................9 13Officers:

attending meetings ..........................30 91duties ..................................................10 21

..........................................................34 94election of ..........................................34 94–97eligibility to be ..................................34 94-96

..........................................................36 106installation ........................................34 97

..........................................................35 103-104term of office ....................................34 95

publications............................................21 59

INDEX Art. page

140

ratify national agreements ..................19 54SEE ALSO Subordinate bodies

Lockouts: SEE StrikesMeetings:

Local Unions ..........................................30 90–91National Executive Board ....................13 28–29regular ........................................................ 127Retired Workers ....................................48 123

Member:changing locals ........................................6 8delinquent if dues not paid..................17 42duties ......................................................22 61

..........................................................37 109duty when appealing............................24 65eligibility ..................................................6 7–8

..........................................................46 120honourary ................................................6 10illness ........................................................6 8

..........................................................17 45in good standing....................................17 43-44

..........................................................18 52must pay dues........................................17 41objecting to political activity................17 49owing non–dues money ......................44 114reinstatement ........................................17 43retired workers ......................................48 122subject to charges while on

withdrawal ..........................................18 53termination ............................................18 50union exists for ........................................2 5

Membership:application for..........................................6 6approve expenditures ..........................42 113authority ..................................................7 10cards and receipts....................................6 7date effective ............................................6 6

..........................................................18 50–52during organizing ..................................6 7forfeit if dues not paid ..........................43 114

INDEX Art. page

141

in one local ..............................................6 8initiation..................................................39 110list ..........................................................33 94

..........................................................36 106monthly report ........................................6 7records ....................................................14 36

..........................................................36 105Mergers ..........................................................8 11Minutes ........................................................13 29

..........................................................14 36National Councils........................................20 55–57National Departments ................................21 57–59National Executive Board:

amends constitution..............................13 30appealing the decisions of....................13 29authority ..................................................7 10calls special conventions ........................9 19changes actions of national

officials ................................................13 29charges against: SEE Charges,

National Officerscontracts..................................................13 32

..........................................................19 53–54duties ......................................................13 27–33handles appeals ....................................13 32–33

..........................................................23 64

..........................................................24 65, 68manages National Union affairs ........12 27

..........................................................13 32–33meetings..................................................13 28members:

duties of ............................................10 21list of ..................................................11 21–22report ..................................................14 34

..........................................................17 41serve....................................................13 27term of office ....................................11 25

INDEX Art. page

142

trials of: SEE Trials of National Officersminutes ..................................................13 29political activity ....................................17 49quorum ..................................................13 28relations with subordinate bodies:

aiding Local Unions ........................13 32–33..........................................................17 42

approving ratification procedure ........................................19 54control Local Union assets ............28 86

election fraud ....................................34 102reorganizing subordinate

bodies ..............................................13 30repealing bylaws ..............................13 31setting up Amalgamated Locals ....27 81

..........................................................28 88special meetings ....................................13 28vacancy ..................................................11 25

National Officers:charges: SEE Chargesduties ......................................................10 21list of........................................................11 21–22NEB can change decision of ................13 29oath..........................................................11 25trials: SEE Trials

National President:authority ..................................................7 10duties ......................................................14 34–36

..........................................................19 55

..........................................................20 56

..........................................................42 113election....................................................11 22settles appeals ........................................24 68vacancy ..................................................11 25SEE ALSO Salaries

National Representatives:appointment/removal..........................14 36duties ......................................................10 21general ....................................................15 39–40NEB can change decision of ................13 29SEE ALSO Salaries

INDEX Art. page

143

National Retired Workers Advisory Executive: SEE Retired Workers

National Retired Workers Council: SEE Retired Workers

National Secretary-Treasurer:authority ..................................................7 10convention duties ....................................9 12

9 17–21duties ......................................................14 37–38

..........................................................17 40, 43

..........................................................19 56election....................................................11 22Local Union audits ................................36 105

..........................................................44 114–117Public Review Board ............................25 78strike fund ..............................................17 47union label..............................................47 121vacancy ..................................................11 25SEE ALSO Salaries

National Union Trial Committee:choosing..................................................22 60–61

National Women’s Fund ............................17 48Negotiations ................................................19 54

..........................................................20 55–56New member orientation fund ................17 40Non–legislative body..................................20 56Non–members ..............................................6 10Normal work week, definition...................... 43Oath 11 ......................................................25Objectives ......................................................2 5–6Organizing, education,

communication fund..............................17 47-48Organizing fund ..........................................17 47Outside organizations ..................................2 5

..........................................................13 32Paid Education Leave Program ................21 58

INDEX Art. page

Per capita tax:basis for convention delegates ..............9 13CAW Council ........................................26 79Corporation councils ............................20 56division of by National Union ............17 49Family Auxiliaries ................................46 119Financial Secretary sends ....................36 10654% of dues ............................................17 46notifying of failure to pay ....................14 38Quebec Council ....................................26 80suspension for non–payment ..............17 47

Political action................................................2 5..........................................................17 48–49

Political Education Fund............................17 46President, Local Union ..............................36 104

..........................................................48 122Principles .......................................................... 1–2Property: SEE AssetsPublic Review Board ..................................24 66

..........................................................24 71–75

..........................................................25 74–77Quebec Council ..........................................26 80–81

..........................................................28 88

..........................................................48 123Quebec Director:

duties ......................................................10 21..........................................................14 38–39

election....................................................11 22vacancy ..................................................11 25SEE ALSO Salaries

Quorum:convention................................................9 12National Executive Board ....................13 28

Ratification ..................................................19 54Recalling workplace reps ..........................41 111Receipts for dues ........................................17 45Recording Secretary ....................................36 105Recreation Committee ................................40 111

144

INDEX Art. page

Recreation Fund ..........................................17 48Referendum:

general strike..........................................45 118for a special convention..........................9 19–20to appeal Joint Council decision ........27 82when unit leaves Amalgamated

Local......................................................28 87Research Department ................................21 57Resolutions ....................................................9 12–13Resolutions Committee ................................9 18Resuming a position ..................................11 24Retired Workers:

Area Councils ........................................48 123Chapters..................................................48 122Department ............................................17 48Fund ........................................................17 46, 48members ..................................................6 9

..........................................................48 122–125National Advisory Executive ..............48 124National Council ..................................48 124

Retirement ......................................................6 10..........................................................11 24

Rights:of members ................................................ 125of National Officers when charged ....22 59of unit ......................................................27 81to representation....................................24 65

Run–off elections in Local Union..............34 99Salaries:

full–time National Officers ..................12 26–27National Board honorariums ..............12 26National Representatives ....................12 26–27national staff ..........................................13 33temporary organizers ..........................12 26–27

Seal of National Union ..............................14 38Sergeant-at-Arms ........................................36 108Skilled trades................................................17 42

..........................................................19 54

145

INDEX Art. page

Skilled Trades Council................................20 56Special convention: SEE ConventionsSpecial National Executive Board

meetings ..................................................13 28..........................................................14 34..........................................................22 60

Staff, Local Union........................................30 91-92Staff, National Union ....................................6 10

..........................................................13 32

..........................................................14 36SEE ALSO National RepresentativesSEE ALSO Salaries

Stewards: SEE Workplace representativesStrike Insurance Fund ................................17 47

..........................................................17 49Strike:

authorizing ............................................13 27ending ....................................................45 118general ....................................................45 118National Executive Board aids in........13 32number of members during ..................9 13unauthorized..........................................45 119vote ............................................................6 9

..........................................................45 117working elsewhere during ....................6 8

Sub-corporation Councils ..........................20 56SEE ALSO Corporation Councils

Subordinate bodies:constitution ..............................................1 4disbanding..............................................28 85duties ......................................................30 90-91list of chartered ......................................28 88National Executive Board can

act against ............................................13 30National President may call

meeting of ............................................14 35reorganization of ..................................13 29–30

Suspended member eligible for new local ....................................................6 7

146

INDEX Art. page

Suspension:for counterfeiting union label..............37 109for election fraud ..................................34 101for misuse of funds ..............................44 116for non-payment of dues......................17 42for taking nomination while

in rackets ..............................................11 22–23for working for decertification ............11 23–24from office ..............................................30 90of Local Union:

for non-payment ..............................17 47–48..........................................................36 104–108

from CAW Council ..........................26 79-80from Quebec Council ......................26 80officers ................................................13 31

of National Officer ................................22 60 Temporary organizers ................................14 35–36

..........................................................15 39SEE ALSO Salaries

Trials of National Officers..........................22 59–62SEE ALSO Charges

Trustees, Local ............................................36 105-107..........................................................44 114

Trustees, National ......................................11 21–22..........................................................11 25..........................................................13 33

Union label ..................................................37 109..........................................................47 121

Union officials..............................................10 21.............................................................. 129

Unit withdrawing from Amalgamated Local ..............................28 85

United Auto Workers ..................................5 6Vacancy:

Local Union office ................................11 24..........................................................34 99

National officers ....................................11 25Vice-president, Local Union ......................36 104-105

147

INDEX Art. page

Voting:at conventions ..........................................9 13–15

............................................................9 19at corporation councils ........................20 56SEE ALSO Ratification

Withdrawal-Transfer:member in good standing ....................17 43cards ........................................................18 51eligibility ................................................18 52replacing cards ......................................18 53termination of ........................................18 52–53to members promoted out of

union ......................................................6 8to other unions ......................................18 51to retired members ..................................6 9–10

Women’s Committee ..................................40 111Women’s Committee Fund........................17 46Work, only one full-time job........................6 8Workplace Council......................................30 90Workplace representatives ..........................6 9

..........................................................41 111–113Youth ......................................................40 111

148

INDEX Art. page

FIRST NATIONAL EXECUTIVE BOARD

Robert White R.F. NickersonPresident Secretary-Treasurer

Claude Ducharme Quebec Director

Members-at-LargeRoxie Baker Phil BennettJohn Bettes John DefalcoT. Flynn Brian Feil

Ken Gerard

TrusteesGerry Michaud Ken Ouellette

NATIONAL EXECUTIVE BOARD

Ken Lewenza Peter Kennedy President National Secretary-Treasurer

Jean-Pierre Fortin Quebec Director

NEB TrusteesChristine Connor Roland Kiehne

Jean Van Vliet

NEB Member-at LargeNancy McMurphy

General Members at LargeChris Buckley Leslie DiasGregory Burton Rick LaporteTim Carrie Earle McCurdyDavid Cassidy Marcel Rondeau

Mike Vince

Chairperson, National Retired Workers

Advisory ExecutiveLen Harrison