Cupe 1483 Local ByLaws (2007-present)

7/28/2019 Cupe 1483 Local ByLaws (2007-present)

1/19


2/19

Equality Statement

Union solidarity is based on the principle that union members are equal and deserve

mutual respect at all levels. Any behaviour that creates conflict prevents us from working

together to strengthen our union.

As unionists, mutual respect, cooperation and understanding are our goals. We should

neither condone nor tolerate behaviour that undermines the dignity or self-esteem of any

individual or creates an intimidating, hostile or offensive environment.

Discriminatory speech or conduct which is racist, sexist, transphobic or homophobic

hurts and thereby divides us. So too, does discrimination on the basis of ability, age class,

religion and ethnic origin.

Sometimes discrimination takes the form of harassment. Harassment means using real or

perceived power to abuse, devalue or humiliate. Harassment should not be treated as a joke. The

uneasiness and resentment that it creates are not feelings that help us grow as a union.

Discrimination and harassment focus on characteristics that make us different; and they

reduce our capacity to work together on shared concerns such as decent wages, safe working

conditions, and justice in the workplace, society and in our union.

CUPEs policies and practices must reflect our commitment to equality. Members, staff

and elected officers must be mindful that all sisters and brothers deserve dignity, equality andrespect.

Harassment PolicyEvery CUPE member has the right to be treated with dignity and respect. Every member

should be able to work in a harassment-free workplace. And every member should be able to

participate in a welcoming union environment.

Harassment creates a stressful and hostile environment which threatens our members

health and safety. It can also affect employment and promotion prospects and job security.Sexual harassment in particular undermines the struggle for equality for women workers.CUPE members have a responsibility to confront and deal with harassment, wherever it

occurs. We need to stress that the union does not approve of harassment and that we will take all

necessary steps to deal with it.


3/19

PREAMBLE

In order to improve the social and economic welfare of its members without regard to

sex, colour race or creed, to promote efficiency in public employment and to manifest its belief

in the value of the unity of organized labour, this Local of the Canadian Union of Public

Employees (hereinafter referred to as CUPE) has been formed.

The following By-Laws are adopted by the Local pursuant to, and to supplement,

Appendix B: of the CUPE Constitution, to safeguard the rights of all members, to provide for

responsible administration of the Local, and to involve as many members as possible through the

sharing of duties and responsibilities.

The following By-Laws are adapted by the Local in order to recognize the diversification

of job classification which make up the membership of the Local. The Executive Board shall

Comprise all Officers, and Member at Large, except Trustees, and hereinto be referred to as the

Executive. (Article B.2.2).

SECTION 1-- NAME

The name of this Local shall be: Canadian Union of Public Employees, Local No. 1483

(Dufferin-Peel Catholic District School Board Employees).

SECTION 2 - OBJECTIVES

The objectives of the Local are to:

a) secure adequate remuneration for work performed and generally advance the economicand social welfare of its members and of all workers;

b) support CUPE in reaching the goals set out in Article II of the CUPE Constitution;

c) provide an opportunity for its members to influence and shape their future through free

democratic trade unionism;

d) encourage the settlement by negotiation and mediation of all disputes between the

members and their employers.

SECTION 3 INTERPRETATION & DEFINITIONS

a) Where the singular or masculine is used in these Bylaws, it shall be understood to

include the plural or feminine and vice versa where the context so requires.

b) Numbers of Articles at the end of sections or sub-sections refer to relevant articles of the

current CUPE Constitution which should be read in conjunction with these By-Laws.

SECTION 4 - MEMBERSHIP MEETINGS (Regular and Special)


4/19

a) Regular membership meetings shall be held bi-monthly on the day to be decided by the

executive except March Break which will be held during the week.

b) Special membership meetings may be ordered by the Executive Board if requested in

writing by no fewer than twenty (20) members. The President shall immediately call a

special meeting when so ordered or requested and shall see that all members receive at

least twenty-four (24) hours notice of the special meeting and the subject(s) to bediscussed. No business shall be transacted at the special meeting other than that for which

the meeting is called and notice given.

c) A Quorum for the transaction of business at any regular or special meeting shall beeighteen (18) members, and include at least two (2) members from the executive and of

these shall be the President, Vice-President or Recording Secretary.

d) The order of business at regular membership meetings is as follows:1. Roll Call of Officers

2. Voting on new members and initiation

3. Reading of Minutes4. Matters arising5. Treasurers Report

6. Communications and Bills7. Executive Committee Report

8. Reports of Committees and Delegates

9. Nominations, Elections, or Installations10. Unfinished Business

11. New Business

12. Good of the Union

13. Adjournment (Article B.VIII)

e) A list will be sent out by the executive stating the times and dates of the general

membership meeting for the year.

SECTION 5 VOTING OF FUNDSExcept for the ordinary expenses and bills as approved at membership meetings, no sum

over one hundred dollars shall be voted for the purpose of a grant or contribution to a member or

any outside CUPE, except by a notice of motion given in writing and dealt with at the following

membership meeting. (Article B.4.4)

SECTION 6 - OFFICERS OF THE LOCAL

The Officers of the Local shall consist of: President, Vice-President, Recording

Secretary, Secretary-Treasurer, Chief Steward, Education Officer and Member at Large.

All officers shall be elected by the membership. (Article B.2.l. and B.2.3)


5/19

The Sergeant-at-Arms shall be appointed by the Executive Board and shall not be an

officer of the Local.

The Sergeant-at-Arms shall guard the inner door at membership meetings and admit no

one but members in good standing or officers and officials of CUPE, except on the order of the

President and by consent of the members present; assist in maintaining the record of membership

attendance at meetings; perform such duties as may be assigned by the Executive from time totime.

SECTION 7 EXECUTIVE BOARD

a)The Executive Board shall be comprise of the President, Vice-President, Recording

Secretary, Secretary-Treasurer, Chief Steward, Education Officer and Member at Large.

Trustees shall not be members of the Executive Board. (Article B.2.2)

b) The Executive Board shall meet monthly on the day to be decided by the executive

prior to the general membership meeting. (Article B.3. 14)

c) A majority of the Executive Board constitutes a quorum.

d) The Executive Officers shall hold title to any real estate of the Local as Trustees for theLocal. They shall have no right to sell, convey, or encumber any real estate without first

giving notice and then submitting the proposition to a membership meeting and having it

approved.

e) The Executive Board shall do the work delegated to it by the Local and shall be held

responsible for the proper and effective functioning of all committees.

f) All charges against members or officers must be made in writing and dealt with inaccordance with the provisions of the CUPE Constitution.

(Article B.6.1 to B.6.5)

g) Should any Executive member fail to answer the roll-call for three consecutive meetings

comprised of any combination of the regular membership meetings and/or executive

board meetings as per sections 4(a) and 7(b) without having submitted good reasons for

those failures, his office shall be declared vacant and shall be filled by an election at the

following membership meeting. (Article B.2.5 & B.3.l4)

h) When any Executive member applies for a Management Position, they must resign from

their office immediately, if accepted.

SECTION 8 DUTIES OF OFFICERS

a) The President shall:

- enforce the CUPE Constitution and these By-Laws;- preside at all membership and Executive Board Meetings and preserve order;

- be a member of all committees;- decide all points of order and procedure (subject always to appeal to the


6/19

membership;- have a vote on all matters (except appeals against his rulings) and in case of a tie

vote in any matter, including elections, have the right to cast an additional vote tobreak the tie;

- ensure that all officers perform their assigned duties;- fill committee vacancies where elections are not provided for;

- introduce new members and conduct them through the initiation ceremony;- sign all cheques and ensure that the Locals funds are used only as authorized or

directed by the Constitution, By-Laws, or vote of the membership;- be allowed necessary funds, not to exceed $50.00 monthly, to reimburse himself

or any officers for expenses, supported by vouchers, incurred on behalf of theLocal;

- have first preference as a delegate to the CUPE National Convention;

If the President is unwilling or unable to attend, one member from the executive sshall be selected by the executive to attend (Article B.3.l)

At the termination of their office, surrender all books, seals, and otherproperties of the Local on to his successor.

b) The Vice-President shall:

- if the President is absent or incapacitated, perform all duties of the President;- if the office of President falls vacant, be Acting President until a new President is

elected;-

- The Vice President shall be a member, ex-officio, of each Local committee as

set out under Section 14 of these Bylaws.

-

- The Vice President shall attend all meetings of said committees and shall

report back to the Local on the functions and activities of all Committees

under their responsibility.

-

- render assistance to any member of the Executive as directed by the Executive- and President (Article B.3.2)

At the termination of their office, surrender all books, seals, and other

properties of the Local on to his successor.

c) The Recording Secretary shall:

- keep full and accurate account of the proceedings of all regular or specialmembership and Executive meetings;

- record all alterations in the By-Laws;- answer correspondence and fulfill other secretarial duties as directed by the

Executive;- file a copy of all letters sent out and keep on file all communications;- prepare and distribute all circulars and notices to members;- have all records ready on reasonable notice for auditors and Trustees;- preside over membership and Executive meetings in the absence of both the


7/19

President and Vice-President;- be empowered, with the approval of the Executive, to employ necessary

stenographic or other Assistants to be paid for out of the Locals funds;A

The Recording Secretary shall be responsible for taking the minutes on

behalf of the Local during each round of negotiations for the renewal of the

Collective Agreement.


properties of the Local to his successor.-

d) The Secretary-Treasurer shall:

- receive all revenue, initiation fees, dues and assessments, keeping a record of eachmembers payments, and deposit promptly all money with a bank or credit union;

- prepare all CUPE National per capita tax forms and remit payment;- prepare all financial transactions in a manner acceptable to the Executive and in

accordance with good accounting practices;- make a financial report to the membership at each monthly meeting;- be bonded for not less than $5,000.00 (or any greater sum as may be decided at a

membership meeting, taking into account the assets of the Local and the amountof cash and cheques handled by the Secretary-Treasurer) through the master bondheld by the National Office;

- any Secretary-Treasurer who cannot quali1~ for a bond, shall be disqualified fromhis office;

- pay no money unless supported by a voucher duly signed by the President andone other member of the Executive or any two other members of Executive,except that no voucher shall be required for payment of per capita fees to anyorganization to which the Local is affiliated;

- make all books available for inspection by the auditors and/or Trustees onreasonable notice, and have the books audited semi-annually;

- provide the Trustees with any information they may need to complete the auditreport forms supplied by CUPE;

- be empowered, with the approval of the Executive, to employ necessary clericalassistance to be paid for out of the Locals funds;

- notify all members who are one month in arrears and report to the Executive allmembers two or more months in arrears in the payment of union dues;

- not later than February 28th of each year, furnish each member, on the formssupplied by the National Office, with a statement showing the net amount of tax-

deductible dues paid by him during the preceding calendar year;- Submit a yearly budget on items : education, social spending (to include

conferences, flowers, fruit baskets, and week long education courses) and anyother normal local expenses and submit it to the general membership at theNovember meeting for approval. once passed by the membership all motions anddiscussions on the budget shall be considered out of order.

- The Secretary-Treasurer shall have a credit card on behalf of the Local Union tobe utilized for union business only to a maximum not to exceed ($5000.) fivethousand dollars.

-


8/19


properties of the Local to his successor.

e) The Trustees shall:

- act as an auditing committee on behalf of the members and audit the books and

accounts of the Secretary-Treasurer, the Recording Secretary and the StandingCommittees annually;

- report their findings to the first membership meeting following the completion ofeach audit;

- be responsible to ensure that monies are not paid out without proper constitutionalor membership authorization;

- ensure that proper financial reports are made to the membership;- audit the record of attendance;

- inspect at least semi-annually any stocks, bonds, securities, office furniture andequipment, and titles or deeds to property that may at any time be owned by the

Local, and report their findings to the membership;

- use audit forms supplied by the National Office and send a copy of each half-yearly audit to the National Secretary-Treasurer in accordance with the provisionsof the CUPE Constitution. (Articles B.3. 10 to B.3. 12)



f) The Chief Steward shall:

- have taken the CUPE Level II Steward Training or shall have such related

experience

-

organize and maintain a sufficient number of shop stewards, number of stewardsshall be 5,4 elected by the members, I may be appointed from the Executive

Board;

- assist shop stewards in settling complalnts and problems of members;

- process all grievances through the Grievance Committee;

- present all grievances to management;

- record and file all grievance correspondence relating to grievances;

- keep Executive informed in all cases of current status of grievances;

- perform any other duties assigned by Executive.- Submit a written report at all executive and general membership meetings.

At the termination of their office, surrender all books, seals, and otherproperties of the Local to his successor.

g) The Stewards shall:

- have taken a CUPE Basic Steward Course, or are in the process of taking same or

have related experience for the position to quality as a shop steward; and theymust be elected;

- record and file all grievance correspondence relating to grievances with the ChiefSteward;


9/19

- be prepared to make a report and answer all questions if called upon by the Chief

Steward at a General membership Meeting;

- be prepared to visit all schools within their area at least once a year;

- any Steward who is unable to perform their duties, for whatever reason, i.e.

vacation, sickness, etc., shall contact the Chief Steward immediately.

At the termination of their office, surrender all books, seals, and otherproperties of the Local to his successor.

-

h) The Member at Large shall:

- be a position with the Executive in which he may be able to gain knowledge for

future officer positions;

- be able to fill any executive office temporarily when that position becomes vacant

due to illness or retirement of said officer, except that of President at which time

the Vice-President shall take over;

- shall perform the duties until relieved by a new election for the vacant position orthe return of the officer;

- shall assist in any other duties as requested by the President;

- shall have voting rights as a member of the Executive.



-

i) The Signing Officers shall:

-

the signing officers of Local 1483 shall be any two of the following:Officers: Secretary-Treasurer and 1 of the following; President, Vice-President

(when performing the duties of the President). (Article B.4.4)

j) The Education Officer shall:

- be a position on the Executive, which will be responsible to co-ordinate all

education functions within the Local;

- receive and send any information on all education to all the members of the

Local;

-

control and receive all reports from all members who attend seminars,conferences and functions under Local education;

- establish controls for members who might misuse the Locals educational system;

- report to the General Membership on all seminars, conferences and the number of

reports received or not received from member who attends education functions;

- if unable to attend a course, and has a valid reason, contact the educational officer

as soon as possible or the member will have to reimburse the Local for the course

cost and will not be entitled to attend any further educational course until all sums

are reimbursed to the Local.

- if reports are not submitted from members who attended seminars, conferences,

educationals, and any other functions under the educational area, shall not attend


10/19

any further courses of functions until the report are received by the Education

Officer;

- a member cannot attend the same course twice within a 2 year period unless the

course has been entirely renewed.

- The Education Officer shall send out twice a year a newsletter approved by the

Executive to all locations

- be a voting member of the Executive.

At the termination of their office, surrender all books, seals, and other properties

of the Local to his successor.SECTION 9 ACCOUNTABILITY & RECALL

All representatives of the union elected by the membership shall be held to standards ofaccountability and performance that are acceptable to the membership. In the event thereis an allegation that an elected representative is not performing their duties in a fashionconsistent with acceptable standards the following process may be invoked.

A petition representing 50% + 1 of the electors (votes cast in favour of the successfulcandidate) shall be presented to the presiding officer of the local union. In the event thatthe presiding officer is the subject of the petition another table officer of the local shall bedesignated as the presiding officer for the purpose of this procedure.

On receipt of the said petition in (proper number) above the presiding officer shallimmediately form a panel comprised of him or her self as chair, one member of the localunion executive, and one member at large. This panel shall be called the Recall Panel.

The Recall Panel shall then call a meeting at which (2) two members representing thepetitioners, the accused representative and his/her representative shall be in attendance.

The Recall Panel shall hear the concerns of the petitioners and the accused shall be giventhe opportunity to respond to any allegations raised by the petitioners.

If the Petitioners and/or the Accused do not appear at the hearing described in (propernumber) above, the Recall Panel may proceed to hear such evidence as may be available.

The Recall Panel having heard the parties shall then prepare a written report andrecommendations as to the course of action if any that should be taken to resolve anyproblems, which may have been identified.

The report and its recommendations shall be presented to the next regularly scheduled

general membership meeting at which time the members may decide to implement therecommendations in whole or in part or may decide to dismiss the matter.

SECTION 10 - OUT-OF-POCKET EXPENSES

a) The following expense allowance shall be provided;

President $1,200.00 per annum- Vice-President $ 1,000.00 per annum- Secretary-Treasurer $ 1,150.00 per annum- Recording Secretary $ 1,100.00 per annum


11/19

- Education Officer $ 600.00 per annum- Chief Steward $ 1,100.00 per annum- Stewards $ 350.00 per annum- Member at Large $ 300.00 per annum- Sergeant at Arms $ 300.00 per annum

Trustees $ 100.00 per annum

- Out-of-Pocket Expenses to be paid semi-annually.

b) - any reasonable expense occurred for the transaction of union businessverified with receipts and not exceeding $500.00 can be approved by theExecutive;any expenses over $500.00 must be approved by the Membership; exceptsupplies and mileage;

- mileage -not to be paid for the Executive Meetings or for GeneralMeetings, but to apply to any regular Committee meeting or specialmeeting:

- mileage to be paid at the current board rate (.3375 cents per kilometer:

but to be adjusted when board increase occurs);c) - all out-of-pocket expenses shall be pro-rated to the length of term in office(reference section 12.c.1);

- the Executive shall have the authority to pay bills requiring immediateattention during the months of July and August (ie: strike funds; legal fees;etc.)

SECTION 11 FEES, DUES AND ASSESSMENTS

a) Initiation FeeEach application for membership in the Local shall be directed to the SecretaryTreasurer

and shall be accompanied by an initiation fee of $5.00 which shall be in addition tomonthly dues. The Secretary-Treasurer shall issue a receipt. If theapplication is rejected the fee shall be returned.(Article B.4. 1 & B.9.2)

b) Re-admittance FeeThe re-admittance fee shall be $10.00. (Article B.4.1 & B.9.2)

c) Monthly DuesThe monthly dues shall be 1.33%of a members base rate per year. (Article B.4.3)If the national increases the per capita, it shall automatically be increased by that setamount.

Changes in the levels of the Initiation Fee, the Re-admittance Fee, or the MonthlyDues can be affected only by following the procedure for amendment of theseBy-Laws (see Section 17), with additional provision that the vote must be bySecret Ballot.(Article B.4.1& B.4.3)

Notwithstanding the above provisions, if the CUPE Convention raises minimum feesand/or dues above the level herein established, these By-Laws will be deemed to havebeen automatically amended.

Special assessments may be levied in accordance with Article B.4.2 of the CUPEConstitution.


12/19

SECTION 12 - NON-PAYMENT OF DUES AND ASSESSMENTS

Any member in arrears for a period of three months or more shall be automatically

suspended and his suspension shall be reported to the Executive Board by the Secretary-

Treasurer. The Executive Board shall report to the next membership meeting with a

recommendation. Any member under suspension wishing to be reinstalled shall, uponapplication pay the re-admittance fee, plus any dues and assessments in arrears. This

money will be returned if the application is rejected. If a member has been unemployed

or unable to work because of sickness, he shall pay the re-admittance fee but may not be

required to pay his arrears.(Article B.I 1.1; B.I 1.2)

SECTION 13 NOMINATION, ELECTION AND INSTALLATION OF OFFICERS

a) Nomination

Nomination shall be received at the regular membership meeting held in the month of

April and elections to follow in the month of May. To be eligible for nomination amember shall have attended at least fifty percent of the membership meetings held in the

previous twelve months or in the period he was a member, if less than a year, unless a

valid reason, acceptable to the Local, has been given for non-attendance. No nomination

shall be accepted unless the member is in attendance at the meeting or has allowed to be

filed at the meeting his consent in writing, duly witnessed by another member. No

member shall be eligible for nomination if he is in arrears of dues.

When elected member of this Local resigns, for whatever reason, their position, they

must attend the next general membership meeting and give reason for their resignation.

Failure to do this, unless medically unable, or if the reason is not acceptable to the

membership that the member shall be restricted for 2 years, from the date of resignation,from running for any election office of the Local.

b) Elections

1) At the nomination membership meeting in April the President shall, subject to the

approval of the members present, appoint an Elections Committee consisting of a

Returning Officer and 2 assistants. The Committee shall include members of the

Local who are neither officers nor candidates for office. It shall have full

responsibility for voting arrangements shall treat information submitted to it in

connection with its responsibilities as confidential. The returning officer shall beissued a copy of this by-law.

2) The Executive Board shall determine the form of the ballot and ensure that

sufficient quantities are made available in good time to the Returning Officer.

3) The Returning Officer shall be responsible for issuing, collecting, and counting

ballots. He must be fair and impartial and see that all arrangements are

unquestionably democratic. His decision shall be final.

4) The voting shall take place at the regular membership meeting in May and by


13/19

secret ballot.

5) Voting to fill one office shall be conducted and completed, and recounts dealt

with, before balloting may begin to fill another office.

6) A majority of votes cast shall be required before any candidate can be declared

elected, and second and subsequent ballots shall be taken, if necessary, to obtain amajority. On the second and subsequent ballots the candidate receiving the lowest

number of votes in the previous ballot shall be dropped. In case of a final tie vote,the presiding officer may cast the deciding vote.

7) When two or more nominees are to be elected to any office by ballot, each

member voting shall be required to vote for the full number of candidates to beelected or the members ballot will be declared spoiled.

8) Any member may request a recount of the votes for any election and a recount

shall be conducted if the request is supported, in a vote, by at least the number of

members equal to the quorum for a membership meeting as laid down in Section4 (c).

c) Installation

1) All duly elected officers shall be installed at the meeting at which elections are

held and shall continue in office for two years, or until a successor has beenelected and installed, provided, however, that no term of office shall be longer

than three years. (Article B.2.4)

Should the term of office of the Executive Board and the Negotiating Committee

expire during collective bargaining the term of office shall automatically beextended to the date of ratification. However, this clause shall not violate.

(ArticleB.2.4.)

If the term of office is extended because of collective bargaining the new

elections must take place within thirty (30) days of ratification.

The term of office for the officials elected as above shall be two years less the

extended amount of time served by the previous executive board and negotiatingcommittee due to the collective bargaining process. All honoraria shall be pro-

rated.

2) The terms of office for Trustees shall be for 3 years - 2 years - 1 year, as laid downin Article B.3.10 of the CUPE Constitution.

d) By-Elections

Should an office fall vacant pursuant to Section 7 (g) or these By-Laws or for anyother reason, the resulting By-Election should be conducted as closely as possible

in conformity with this Section.


14/19

SECTION 14 - DELEGATES TO CONVENTIONS & EDUCATION SEMINARS

a) Except for the Presidents option (Section 8a), two (2) Executive Members shall be adelegate to conventions, plus any others who are elected at a General Membershipmeeting. Total to be qualified as per Local size re: Constitution.

b) The Local shall be affiliated to the Peel CUPE Council, and any other council affiliatedwith CUPE.

c) All delegates elected to the conventions held outside the Region of Peel shall be paidtransportation expenses (at economy, tourist or coach rates), a per diem allowance of$75.00 dollars for expenses, plus a reasonable amount for accommodation expenses, an

amount equal to any loss of salary incurred by attendance at the convention.

d) Delegates to conventions held locally in the region shall have travel allowance. Thereshall be a per diem allowance of $50.00 dollars and compensation for any loss of salaryincurred by attendance at the convention.

e) Representation at educational institutes and seminars shall be on the recommendation ofthe Executive Board, subject to final approval by the membership. Delegates toeducational seminars or conferences shall be paid transportation expenses, ie: mileage,plus a per diem allowance of $50.00 dollars per day which will be pro-rated in theevent that the course or seminar is not a full day.

1) All members who attend any educational seminar or conference must submit a writtenreport (no less than 50 words) to the Locals Educational Officer within 30 days. Anyfailure to submit the report will result in the member not being able to attend any furtherseminar or conference until he submits a report to the Education Officer of the Local.Education Officer will convey to the membership the reports received.

g) When a member is chosen to attend a convention or seminar and is unable to attend, themember shall notify the Local as soon as reasonably possible so that an alternate membercan attend. If the member fails, without reasonable excuse, to notify the Local and noalternate is able to attend, the member will be required to reimburse the Local for all

expenses incurred. The member will not be allowed to attend any further conventions orseminars until these expenses have been reimbursed to the Local.

SECTION 15 - COMMITTEE

a) Special Committees

A special ad hoc committee may be established for a specified purpose and period by themembership at a meeting. The members shall be elected at the same or anothermembership meeting or may, with specific authorization of the membership, beappointed by the President or the Executive Board. Two members of the Board may sit


15/19

on any special committee as ex-officio members.

b) Standing Committees

The Chairperson of each standing committee shall be elected by the members at a

membership meeting. The Chairperson and the Executive Board may, with theconcurrence of the membership, jointly appoint other members to serve on a committee.The Vice-President shall be a member, ex-officio, of each committee. There shall be fourstanding committees as follows:

1) Grievance Committee

This committee shall process all grievances and its reports shall be submitted first to theExecutive, and then to a membership meeting. Grievances must be in writing on theforms provided by the National Office and be signed by the complainant or complainants,as provided for in the Collective agreement. The Committee shall present their report to

the Executive Committee. The Committee shall be comprised of the elected ChiefSteward and two other members to be selected from the shop stewards.

2) Sick Committee This committee may

Visit members who are ill;-if a member is ill for more than a week, have sent some token of the Locals concern anddesire to help, whether the member is at home or in hospital;

- arrange for blood donors to replace blood or plasma required by a member of one of hisimmediate family;extend the Locals condolences in the event of the death of a member or one of his

immediate family, send flowers or a mass in the amount not to exceed fiftydollars($50.) for immediate family only (Husband, Wife or Child) and make otherappropriate gestures in accordance with custom or the wishes of the family concerned;

- extend the Locals wishes by sending a card on behalf of CUPE 1483 for members thatare ill or have a death in their family if notified of such.-members of this committee shall be appointed by the Executive Committee.

3) Health and Safety Committee

The health and safety Committee shall operate under all applicable legislation, clauses inthe current collective agreement and direction given by the membership. The committees

shall be consisted of Board-Wide, and Operational Committees.The Committee shall be responsible to the Executive and the membership.

4) Negotiating Committee

This shall be a special ad hoc committee at least six months prior to the expiry of theLocals collective agreement and automatically disbanded when a new collectiveagreement has been signed. The function of the Committee is to prepare collectivebargaining proposals and to negotiate a collective agreement. The Committee shallconsist of six members. President, Vice President, Chief Steward, Recording Secretary,plus 2 members elected by the membership and shall be a sitting member on the


16/19

negotiating committee. The CUPE Representative assigned to the Local shall be a non

voting member of the Committee and shall be consulted at all stages from formulating

proposals, through negotiations, to contract ratification by the membership. The

Negotiating Committee must have at least one representative from each of the major

groups mentioned in the preamble which are 1 full time custodian and 1 maintenance.

When voting for the 2 elected members on the Negotiating Committee is to take place

and any 1 of the above groups are not represented on the Negotiating Committee

nominations will be restricted to members of any group not having representation and the

voting procedure must ensure that each group elects one representative.

The overall chairperson or spokesman of the Negotiating Committee shall be elected

from and by the members of the Negotiating Committee.

5) Worker's Compensation and Return To Work:

a) The Worker's Compensation Committee shall consist of five (5) members, duly

appointed by the Executive Board. The Vice-President, shall chair the Committee.

b) It is the Committee's responsibility to investigate members' difficulties with

Workers' Compensation claims and Return To Work issues and to advocate as

required on behalf of the member to resolve all problems within the scope of the

Local Union. The Committee shall remain current with Workers' Compensation

guidelines and rulings to better advise members of their rights and entitlements.

c) The Committee shall be responsible for representing members affected by any

Attendance Management System instituted by any of the employers

SECTION 16 - RATIFICATION PROCEDURE

No collective agreement shall be executed on behalf of Local 1483 except as hereinafter

provided.

After negotiations have resulted in a memorandum of agreement between the employer and the

negotiating committee on the terms of a proposed collective agreement, the terms of the

proposed collective agreement must be submitted to a ratification vote of the members.

The members shall vote in the following manner: all members present at this specially calledratification meeting shall cast a ballot.

The form of the ballot shall be determined by the negotiating committee and that sufficient

quantities are available to the election officer in good time.

The Election Officer should be responsible for issuing, collecting and counting ballots. He must

be fair and impartial and see that all arrangements are unquestionably democratic. The Election

Officer and the scrutineers deemed necessary shall be chosen by the negotiating committee and

approved by the members present at the ratification meeting in the usual manner prior to the

ratification vote taking place.


17/19

The proposed collective agreement shall be deemed to be ratified by the membership of Local

1483 when the majority of members present, who cast a ballot indicated their approval of the

terms of the proposed agreement.

The voting shall be by ballot cast in such a manner that a member expressing his choice as to

whether or not the proposed collective agreement should be ratified cannot be identified with thechoice expressed.

No amendment or supplement to a collective agreement shall be executed on behalf of Local

1483 except by the procedure outlined above.

SECTION 17- RULES OF ORDER

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

parliamentary procedure. Some of the more important rules to ensure free and fair debate are

appended to these By-Laws as Appendix A. These rules shall be considered as an integral part of

the By-Laws and may be amended only by the same procedure used to amend the By-Laws.

In situations not covered by Appendix A, the CUPE Constitution may provide guidance, but, if

the situation is not dealt with there, shall be consulted andapplied.

SECTION 18 - AMENDMENT

a) These By-Laws are always subordinate to the CUPE Constitution (including Appendix

B) as it now exists or may be amended from time to time, and in the event of any

conflict between these By-Laws and the CUPE Constitution the latter shall govern.

Constitutional interpretation, including determination of conflict is the prerogative of theNational President. (Articles 9.2 (c), 13.3 & B.7.I)

b) These By-Laws shall not be amended, added to, or suspended except upon a majority

vote of those present and voting at a regular or special membership meeting following

written notice given at a previous regular membership meeting.(Article 13.3 & B.7.1)

c) No change in these By-Laws shall be valid and take effect until approved by the National

President of CUPE. The validity shall date from the letter of approval of the National

President.(Article 13.3 & B.7.1)

APPENDIX A TOTHE BY-LAWS OF LOCAL 1483. CUPE RULES OF ORDERI) The President or, in his absence, the Vice-President, shall take the chair at all

membership meetings. In the absence of both the President and Vice-President, the

Recording Secretary shall act as President, and in his absence an interim President shall

be chosen by the Local.

2) No member, except the Chairperson of a committee making a report or the mover of a

resolution, shall speak more than five minutes, or more than once on the same question

without the consent of the meeting or until all who wish to speak have had the


18/19

opportunity. Chairpersons and movers of a resolution shall be limited to 15 minutes.

Except with the consent of the meeting.

3) The President shall state every questions coming before the Local, and before allowing

debate thereon, and again immediately before putting it to vote, shall ask: Is the Local

ready for the question? Should no member rise to speak, the question shall then be put.

4) A motion to be entertained by the presiding officer must be moved and seconded; both

mover and seconder must rise and be recognized by the chair.

5) A motion to amend, or to amend an amendment, shall be in order, but no motion toamend an amendment to an amendment shall be permitted. No amendment, or

amendment to an amendment, which is direct negative of the resolution shall be in order.

6) On motion, the regular order of business may be suspended, by a two-thirds vote of thosepresent, to deal with any urgent business.

7) All resolutions and motions other than those named in Rule 17, or those to accept oradopt the report of a committee, shall, if requested by the presiding officer, be presentedin writing before being put to the Local.

8) At the request of any member, and upon a majority vote of those present, a question may

be divided when the sense will admit of it,

9) Any member having made a motion can withdraw it with the consent of the seconder,

except that any motion, once debated, cannot be withdrawn except by a majority vote of

those present.

10) When a member wishes to speak on a question or to make a motion, he shall rise in hisplace and respectfully address the presiding officer, but, except to state that he rises to a

point of order or on a question of privilege, he shall not proceed further until recognized

by the chair.

11) When two or more members rise to speak at the same time, the presiding officer shall

decide which one is entitled to the floor.

12) Every member, while speaking, shall adhere to the question under debate and avoid allpersonal, indecorous, or offensive language, as well as any poor reflections on the Local

or member thereof.

13) If a member, while speaking, is called to order, he shall cease speaking until the point isdetermined, if it is decided he is in order, he may again proceed.

14) No religious discussion shall be permitted.

15) The President shall take no part in debate while presiding, but may yield the chair to the

Vice-President in order to speak on any question before the Local, or to introduce a newquestion.

16) The presiding office shall have the same rights as other members to vote on any question.


19/19

In case of a tie, he may in addition give a casting vote, or if he chooses, refrain from

breaking the tie, in which case the motion is lost.

17) When a motion is before the Local, no other motion shall be in order except (1) to

adjourn, (2) to put the previous question, (3) to lay on the table, (4) to postpone for a

definite time, (5) to refer, (6) to divide or amend, which motions shall have precedence in

the order named. The first three of these shall be decided without debate.

18) A motion for the previous question, when regularly moved and seconded, shall be put inthis form: Shall the main question be now put? If it is adopted, the President shall

proceed to take the vote on the resolution and amendments thereto (if any) acording totheir priority. If an amendment or an amendment to an amendement is adopted, the

original resolution, as amended, shall be put to the Local,

19) A motion to adjourn is in order except (I) when a member has the floor, and (2) whenmembers are voting.

20) A motion to adjourn, having been put and lost shall not be in order again, if there isfurther business before the Local, until fifteen minutes have elapsed.

21) After the presiding officer declares the vote on a question, and before the Local proceedsto another order of business, any member may ask for a division, A standing vote shall

then be taken and the Secretary shall count same,

22) If any member wishes to challenge (appeal) a decision of the chair he must do so at the

time the decision is made, If the challenge is seconded, the member shall be asked to state

briefly the basis for his challenge. The chairperson may then state briefly the basis for his

decision, following which the chairperson shall immediately and without debate put the

question: Shall the decision of the chair be sustained? A majority vote shall decideexcept that in the event of a tie the chair is sustained,

23) After a question has been decided, any two members who have voted in the majoritymay, at the same or next meeting, move reconsideration thereof,

24) No member shall enter or leave a meeting during the reading of the minutes, the initiation

of new members, the installation of officers, or the taking of a vote; and no member shall

be allowed to leave without the permission of the Vice President,

25) The Locals business, and proceedings of meetings, are not to be divulged to any persons

outside the Local or the Canadian Union of Public Employees.

Cupe 1483 Local ByLaws (2007-present)

Documents

Transcript of Cupe 1483 Local ByLaws (2007-present)