PRESIDENTS OF LOCAL ONE
1 Constitution of Local One of the Canadian Union of Public Employees FOREWORD Local One of the Canadian Union of Public Employees is composed of all members of the Bargaining Unit who are employees of the Toronto Hydro Corporation and affiliates as well as all members of the Bargaining Unit who are employees of COGECO Data Services LP. The purpose of this Constitution is to protect and advance the interest of the members. Careful study of this Constitution will help the membership receive the full benefits of their association with their fellow workers. RULE 1 GENERAL POLICY 1. The Local Union will write and keep an up-to-date record of its history. 2. Strike action is legitimate in the pursuit of satisfactory collective agreements. 3. In the event of a strike, there will be no lifting of picket lines or return to work until the members ratify the collective agreements. 4. The Local Union will be affiliated to the following bodies: Canadian Union of Public Employees - Ontario Division Canadian Labour Congress Toronto and York Region Labour Council Ontario Federation of Labour Toronto District Council of Canadian Union of Public Employees International Confederation of Free Trade Unions New Democratic Party Metro Network for Social Justice Right to Energy – SOS for the Future Any member not wishing to have their New Democratic Party per capita paid to the New Democratic Party shall give the Treasurer a letter in writing at a General Membership meeting stating so and that portion of the dues shall remain in the Local’s savings account. 5. Any member in good standing may have access to Local Union records upon written request and explanation to the President and the Recording Secretary. The President may determine if the explanation is acceptable or not and may be subject to the approval of the Executive Board. 6. The Local has on its own behalf, created a legal entity (corporation) to hold property on behalf of CUPE Local One. 2 RULE 2 MEMBERS 1. Each member shall be bound by the following Obligation of Members and is read by the Vice-President or designate and repeated by the member(s) at the GM: "I sincerely promise and declare that I shall support and obey the Constitution of the Canadian Labour Congress, The Canadian Union of Public Employees and of this Local Union. That I will, if within my power to do so, assist my fellow members or their families, when they are knowingly in distress. That I will not purposely or knowingly wrong a member of this Local Union or assist others in wronging a member. That I shall always obey and carry out the wishes of this Local Union.” 2. Workers who are in employment as set forth in the National Constitution shall be eligible for membership. 3. Before being admitted to membership, an employee shall take the obligation, and shall be represented by the elected or appointed representatives of the Local Union. An applicant shall abide by the provisions of the Constitution of the Canadian Labour Congress, the Constitution of the Canadian Union of Public Employees and the Constitution of the Local Union. 3.(a) Any member accepting a position outside of the Bargaining Unit, may request to be reinstated into the Bargaining Unit, by providing written notice to the President within three months of having accepted the position. Final decision for reinstatement remains subject to the approval of the General Membership. 4. Any member charged with violations of this Constitution shall be subject to trial procedures as outlined in the CUPE National Constitution. 5. Honourary members shall be selected by the Local Union on the basis of their service to the Local Union. 6. Life membership shall be in accordance with the National Union’s Constitution. 7. The membership of Local One of the Canadian Union of Public Employees is the Local Union. RULE 3 TABLE OFFICERS AND EXECUTIVE BOARD MEMBERS 1. The Table Officers shall be President, Vice-President, Health and Safety Representative, Treasurer, Recording Secretary, Inside Chief Steward, Outside Chief Steward and WSIB Representative. Table Officers form part of the Local’s Executive Board. 2. Eligibility for election to these positions shall be as follows: any member in good standing may run for any of the Local’s above positions. 3 3. The election of these members shall be voted on by the entire membership of the local. 4. The remainder of the Executive Board members shall be members at large elected at a General Membership meeting. Executive Board members shall be as follows: 5 from the Inside Bargaining Unit, 5 from the Outside Bargaining Unit and 1 from COGECO Bargaining Unit. 5. Open nominations shall take place two months prior to the last General Membership meeting of the Executive Board and elections at the last meeting of the Executive Board. 6. The signing officers of the Local shall be the President, Vice-President, Treasurer and Recording Secretary. 7. All Table Officers shall take the following Obligation of Officers and is read by the President or designate and repeated by the member(s) at the GM: "I sincerely promise and declare that I will be faithful to the duties of my office as stated in the Local Union Constitution, attend all meetings of the Local Union, if possible, and at the end of my term of office, deliver up to the Local Union or my regularly elected successor, all books, papers, funds or any other property in my possession belonging to the Local Union, and I will not willfully violate the Constitution of this Local Union." 8. Installation: "I hereby declare you legally installed as an Officer of Local One of the Canadian Union of Public Employees." 9. The Local’s Executive Board members shall be the trustees of all union property. 10. The Local will indemnify its Table Officers, Executive Board members at large or an employee(s) of the Local from any action which may be brought about from exercising their duties and responsibilities (entering into contracts or agreements) in good faith by and on behalf of CUPE Local One. Table Officers, Executive Board members at large and employee(s) of the Local shall be covered for the cost and expenses incurred in a court challenge against them on matters pertaining to the operation and administration of the Local. 4 RULE 4 DUTIES OF THE PRESIDENT The President shall: 1. Instruct all Officers, Tylers, Scrutineers, Election Judges, Delegates and Committees of their duties. 2. Automatically be a delegate to all Union conventions or other functions to which the Local Union is entitled to send members, unless she/he declines. 3. Be responsible for informing the Executive Board in all matters involving the overall operation of the Local Union. 4. Be a member, ex officio, of all committees. 5. Have access to all books and papers of the Local Union. 6. Refuse, motions deemed by her/him to be contrary to the Constitution or policy of the Local Union, or National Constitution such motions to be submitted to the Executive Board for its recommendations and submission to the next General Membership meeting. 7. Have a vote on all matters before the General Membership meeting and deciding vote when necessary to break a tie vote when acting as Chairperson at the General Membership meeting. 8. Have the power to appoint Scrutineers, Tylers and Election Judge(s) at and for any meeting. 9. Not be permitted to express her/his personal opinion on any matter while acting as Chairperson at the General Membership meeting. To express such opinions, the Chair must be vacated. 10. Decide whether or not a sufficient number of members are present at a General Membership meeting to constitute a quorum. 11. Report to the Executive Board and to the general membership, all significant issues discussed with the Employer. 12. Be the Chairperson of the Negotiating Committee, Labour/Management Committee and the Strike Committee. 13. Be responsible for running the Local Union Office. 14. Keep an up-to-date record of names, addresses and phone numbers of all members. 15. Authourize at her/his discretion, Committee Chairpersons, to send correspondence concerning their committee to the Employer, with a copy to be on file with the Recording Secretary. 5 16. The President shall not be available for overtime work in her/his regular position of employment. 17. The President shall be responsible for matters directly related to press releases, public relations and public statements. 18. The President shall be one of four signing officers of the Local. 19. An outgoing President shall remain on Local Union business for a period of five days. 20. The President, upon request of the Strike Committee, shall call a meeting of the Executive Board to deal with any matter the Committee cannot resolve. The meeting shall be called within 24 hours of the request. RULE 5 DUTIES OF THE VICE-PRESIDENT The Vice-President shall: 1. Assist the President in keeping order at Executive Board and General Membership meetings and shall keep order when the President is addressing the Executive Board and the General Membership meeting. 2. Preside in the absence of the President, and be responsible for running the Local Union Office. 3. Act as a Chairperson of the Executive Board. 4. Act as a Chairperson of the Local’s Stewards Committee and call for meetings of the Steward’s Committee. 5. Provide direction to the Chief Stewards, meet with the Steward Committee, and see that all Union Stewards carry out their duties. 6. Obligate new members and introduce them to the General Membership meeting. 7. File policy grievances of the Local Union. The Executive Board may direct the Vice-President to file policy grievances. 8. Supervise the filing of grievances and decide whether a grievance should be withdrawn or taken to the next step, subject to approval by the General Membership meeting. 9. Automatically be a delegate to all Union conventions or other functions to which the Local Union is entitled to send members, if the President declines. 6 10. Not be permitted to express her/his personal opinion on any matter while acting as Chairperson at the Executive Board or the General Membership meeting. To express such opinions, the Chair must be vacated. 11. The Vice-President shall be one of four signing officers of the Local. 12. The Vice-President shall not be available for overtime work in her/his regular position of employment. RULE 6 DUTIES OF THE RECORDING SECRETARY The Recording Secretary shall: 1. Be responsible for keeping a record of the Executive Board and the General Membership meeting minutes. Record all motions, resolutions and amendments as presented at the Executive Board and the General Membership meeting by the Chairperson. 2. Be responsible, at Executive Board meetings, for advising members of the board of any upcoming conventions, conferences, schools, educationals and/or workshops along with any significant correspondence or communications. 3. Record and make available in printed form, for insertion in copies of the Local Union Constitution, any changes in the Local Union Constitution. 4. Keep a record of all Executive Board members elected and their attendance at Executive Board and General Membership meetings during their term of office. 5. Prepare and have ready for each Executive Board and General Membership meeting, a record of all unfinished business. 6. Keep up-to-date, a record of the history of the Local Union, to be presented for approval by the General Meeting. 7. Prepare for binding, every two years, minutes, correspondence, and other relevant documents of the Local Union. 8. The Recording Secretary shall be one of four signing officers of the Local. 7 RULE 7 DUTIES OF THE TREASURER The Treasurer shall: 1. Maintain a proper system of bookkeeping as ordered by the Local Union and be guided by the recommendations of the Auditors. 2. Purchase the necessary books and stationary for her/his duties on authorization by the General Membership meeting. 3. Be prepared at any time, to inform the President of the bank balance, if requested. 4. Pay all bills authorized by the Local Union, but only when presented with an order signed by two members of the Local’s Finance Committee. 5. Prepare an item by item statement of all disbursements made during the previous month(s) for inspection by the General Membership meeting. 6. Draw sufficient funds to maintain a petty cash fund of $400.00. A petty cash voucher shall be made out for all payments from the petty cash. No petty cash payments over $30.00 shall be made. 7. The Treasurer shall be one of four signing officers of the Local. RULE 8 DUTIES OF THE HEALTH AND SAFETY REPRESENTATIVE The Health and Safety Representative shall: 1. Act as Chairperson of the Health and Safety Steering Committee. 2. Act as co-Chairperson of the Union/Management Health and Safety Steering Committee. 3. Be a member, ex-officio, of the Workplace Health and Safety Committees. 4. Administer the work of the Workplace Health and Safety Committees. 5. Perform the duties as set out for her/him by the Ontario Occupational Health and Safety Act. This includes being available by pager 24 hours a day, seven days a week. 6. Perform the duties set out for her/him in the agreed to job description. 7. Shall perform the duties of the Health and Safety Representative after regular hours when required by the duties set out for her/him. 8 8. The Health and Safety Representative shall not be available for overtime work in her/his regular position of employment. 9. Shall be a member of the: The Electrical & Utilities Safety Association Board of Directors if appointed, The Provincial Labour Management safety Committee and the Accommodation Committee. RULE 9 DUTIES OF THE WSIB REPRESENTATIVE 1. Be available as required. 2. Chair of the Joint Accommodation Committee. 3. Chair of the Injured Workers’ Committee. 4. The WSIB Representative shall aid all members in dealings with the WSIB and the Employer in all matters pertaining to compensation matters, including longterm disability. 5. The WSIB Representative will track all WSIB claims and facilitate the accommodation and re-integration of injured workers, including noncompensable injuries, back into the workplace via the joint Early & Safe Return to Work Policy. 6. The WSIB representative shall not be available for overtime work in her/his regular position of employment when released from regular duties to work on union business. RULE 10 DUTIES OF THE CHIEF STEWARDS The duties of the Chief Steward shall be: 1. Work under the direction of the Vice-President. 2. Provide direction to union stewards. 3. Assist the Vice-President in grievance handling. 4. Assist the Vice-President in the education and recruitment of union Stewards. 5. File policy grievances of the Local Union. The Executive Board may direct the Chief Stewards or the Vice-President to file any policy grievance(s). 9 6. Supervise and assist union Stewards in the filing of grievances and decide whether a grievance should be withdrawn or taken to the next step, subject to approval by the General Membership meeting. 7. Be co-chairs of the Local’s Stewards Committee. RULE 11 DUTIES OF THE AUDITORS The Auditors shall: 1. Be three members. Their term of office shall be for three years, one Auditor to be elected each year at the Annual Fiscal Report - which shall be the May General Membership Meeting. 2. At their first meeting, elect a Chairperson who shall present the Auditor's Report to the General Membership meeting. 3. Be present at the first General Membership meeting following each quarter or whenever an auditor’s report is to be presented to the general membership, describing the business of the Local Union during the preceding quarter(s). 4. At the fiscal year ending April 30th, make a detailed audit of all books, receipts, accounts and expenditures of the Local Union and shall have the power to demand and receive all books or information in the possession of any Table Officer or member of the Local Union at any time. 5. Criticize, at their discretion, expenditures and give to the General Membership meeting, their advice on motions of expenditures under debate. 6. At their discretion, recommend to the General Membership meeting that a general audit be carried out by a firm of recognized Chartered Accountants. Such recommendation shall be made in writing to the Recording Secretary along with an explanation. The recommendation shall then be introduced at the next General Membership meeting, debated and voted on by the general membership and be carried before it is acted on. 7. They shall submit with the Annual Fiscal Report, a complete listing of all Union properties. 8. Auditors shall not be members of the Executive Board. 10 RULE 12 COMMITTEES AND DELEGATES 1. The standing committees are: Education, International Solidarity, Pension, Women's Issues, Injured Workers, Safety and Human Rights. 2. The special committees are: Strike, Negotiating, , Labour/Management, Accommodation, Finance, Steward and Auditors. 3. Ad Hoc committees shall be appointed by the President and time permitting a recommendation shall be brought before the Executive Board and/or General Membership meeting and directed by the membership for any specific purpose. 4. Committee persons and delegates, after performing their duties shall report to the President who shall order their report read to the next General Membership meeting for disposition. All committees, after giving their final report, shall cease to function, unless otherwise ordered by the General Membership meeting. 5. No member or members, or committees of any kind shall confer or meet with the Employer or its representatives regarding wages, working conditions, or hours of employment, unless authorized and instructed by the General Membership meeting. 6. A majority of the committee shall constitute a quorum and in the event of a tie vote, the Chairperson shall cast the deciding vote. 7. In committees in which the Local Union Constitution does not specify who is Chairperson, the first member named to a committee shall act as Chairperson and call a meeting of the committee at the earliest convenience. The committee may then elect a Chairperson and a Secretary from its members. 8. The Chairperson of a committee shall notify all committee members when a meeting is to take place. 9. No delegate or delegation to any convention, conference or any other meeting shall advocate anything contrary to the policy and Constitution of the Local Union when representing the Local Union and may report as called upon at the Executive Board and/or the General Membership meeting. 10. Committee members and delegates, shall, after they cease to function, deliver up to the Local Union, all books, papers, reports, notes, funds in their possession which are the property of the Local Union. 11. Nominations and elections of all committees, other than Negotiating and Strike Committees, shall take place the year following the election of the Executive Board. 11 RULE 13 FINANCE COMMITTEE The Finance Committee shall: 1. Be three members, excluding the signing officers elected by and from the Executive Board, subject to approval at a General Membership meeting. The President may appoint a temporary member(s) of the Finance Committee when a member(s) is absent. 2. Only recommended expenditures by the Treasurer shall be acted upon by the Finance Committee. 3. An expense voucher shall be signed by two members of the Finance Committee, prior to payment by the Treasurer. 4. Expenditures shall then be submitted to the Executive Board in accordance with Rule 29 (7). 5. All bills shall be submitted to the General Membership meeting for final approval when time permits. 6. The Union's dues shall be: CUPE National per capita of 0.85% of normal straight-time bi-weekly earnings, or as amended by the CUPE National Constitution, plus Local Union dues of 0.70% per member per bi-weekly pay, or as amended. 7. The Local Union portion of the dues shall be increased at the same rate as any future general increase in wages. RULE 14 NEGOTIATING COMMITTEE The Negotiating Committee shall: 1. Be elected one year prior to the expiry of the collective agreements and will be a special committee of the Local Union until the ratification of the Collective Agreements. The committee shall consist of two Outside Bargaining Unit members and two Inside Bargaining Unit members, the Vice-President and the President who shall be Chairperson. 2. Meet regularly and solicit and receive recommendations from the membership. 3. Report directly and submit its recommendations for changes and amendments to the Collective Agreements at General Membership meetings for approval. 12 4. All available members of the Negotiating Committee shall be present at all meetings with the Employer's representatives, the Ministry of Labour, or any other parties involved in the negotiations. RULE 15 STEWARD COMMITTEE 1. The Steward Committee shall consist of the Vice-President, Chief Steward Outside, Chief Steward Inside and all union stewards. 2. Stewards shall protect the interests of the membership by ensuring the enforcement of the Collective Agreements and by grieving violations of it. 3. Stewards shall uphold the Constitution of the Local Union. 4. Stewards shall attend Committee meetings. 5. Stewards shall attend as many Stewards’ Committee meetings as practicable. 6. The Union Steward shall inform the Chief Steward when a grievance is to be filed. A copy of the grievance shall be provided to the Chief Steward prior to filing with the Employer. 7. Stewards shall work under the direction of their respective Chief Stewards. 8. Make recommendations to the general membership as to which grievances shall proceed to arbitration when time permits. If this is not feasible, the Chief Steward shall make such recommendations to the Vice-President for her/his consideration. 9. Any member not satisfied with the Union Steward's decision not to proceed to the next step or to the resolution of their grievance may appear before the Executive Board and if still not satisfied, may bring the grievance to a General Membership meeting of the Union and the members shall vote on whether to proceed to the next step. General, Departmental, Sectional and Steward 13 RULE 16 STRIKE COMMITTEE 1. The Strike Committee shall consist of the Union President and a Coordinator which is elected from either bargaining unit. In addition, one Outside Bargaining Unit members and one Inside Bargaining Unit members elected from the entire membership of the local. 2. The Strike Committee may conduct its affairs from an office other than the regular Union Office if deemed necessary by the Committee and with the approval of the Local’s Executive Board. 3. The Strike Committee shall take all necessary steps prior to expiration of the Collective Agreements to prepare the Local Union for a strike, should one be called. 4. As required, the Strike Committee may obtain additional assistance from the membership with the approval of the Union President. All members of the Local’s Executive Board when not otherwise required shall put themselves at the disposal of the Strike Committee. 5. The Strike Committee shall have the authority to provide strike pay in the first two weeks of a strike with the approval of the Local’s Executive Board. The committee shall have the authority to draw upon the Local’s funds, contributions from other Unions, and arrange loans to provide this strike pay. 6. They shall be responsible for matters directly related to conducting an effective strike except press releases, public relations and public statements. RULE 17 AMALGAMATIONS 1. If the local union is aware of or has reason to believe that a pending amalgamation may take place, which will lead to a representation vote, the President or designate shall immediately: a) Call a special meeting of the Executive Board b) Strike ad-hoc committees of at least six (6) members each or as required to compare collective agreements c) Strike ad-hoc committees of at least six (6) members each or as required to compare constitutions/by-laws d) Strike an ad-hoc campaign committee of up to six (6) members or as required which shall include but not be limited to, the organization, coordination and publication of materials (leaflets, pamphlets, brochures etc.) promoting the benefits of CUPE Local One should a representation vote be necessary. 14 RULE 18 LABOUR/MANAGEMENT COMMITTEE 1. The Labour/Management Committee shall consist of the President and VicePresident of the Local Union and the requested number of members according to the Collective Agreements, to be recommended by the President, to the Executive Board for recommendation to the General Membership meeting for final approval. The number of members on the committee shall be in accordance with the Collective Agreements unless otherwise agreed to with the Employer. RULE 19 SAFETY COMMITTEES 1. There shall be five standing committees at the workplace level responsible for the following areas: Overhead and Overhead System Response Station and Station Response Underground Control Centre Committee Office Committee Work Centre Committee Street Lighting Telecom 2. a) Representation on the committees shall be as follows: Overhead and Overhead System Response This committee shall consist of six members. At least one member from Overhead System Response Representative (28 Underwriters), at least one member from Overhead System Response Representative (500 Commissioners St.), at least one member from Overhead System Response Representative (10 Belfield Rd.), at least two Overhead Linepersons, plus one other member in a classification working under the direction of the Overhead Trade. Station and Station Response This committee shall consist of four members. At least one member from Station Response Representative, at least one Certified Sub-Station Electrician, at least one member from Protection and Control Technician and one member from Station Technician. Underground This committee shall consist of five members. At least one Jointer, at least one Electrical Mechanic Underground, at least one member from Power Cable plus 2 other members in a classification working under the direction of the underground trades. 15 Control Centre Committee This committee shall consist of three Power System Controllers. Office Committee This committee shall consist of four members. At least one member from 5800 Yonge St., at least one member from 14 Carlton St., plus two other members with preference given to members working in an office environment. Work Centre Committee This committee shall consist of five members. At least one member from 28 Underwriters Rd., at least one member from 10 Belfield Rd., at least 2 members from 500 Commissioners St., plus one other member. Street Lighting This committee shall consist of 2 members. At least one member from the Outside Bargaining Unit and at least one member from the Inside Bargaining Unit. Telecom This committee shall consist of the Union Health and Safety Representative or designate, and at least one member from the Inside Bargaining Unit. 2. c) Any member elected to serve on a Workplace Health and Safety Committee shall remain in office for the completion of the term of office regardless of change in job classification if it is within the areas covered by her/his respective Workplace Health and Safety Committee. 2. d) The Health and Safety Representative shall be a member, ex-officio, of all Workplace Health and Safety Committees. 3. a) The eight chairpersons of the Workplace Health and Safety Committees shall be the Union Health and Safety Steering Committee. This committee shall be chaired by the Health and Safety Representative. 3. b) The Union representatives to the Union/Management Health and Safety Steering Committee will be drawn from the Union Health and Safety Steering Committee by the Health and Safety Representative. 16 RULE 20 INTERNATIONAL SOLIDARITY COMMITTEE 1. The International Solidarity Committee shall be elected under the provisions of Rule 25(11). 2. The International Solidarity Committee shall elect a chairperson from among its members. 3. The International Solidarity Committee shall be responsible for fostering relationships between this Local Union and trade Unions in other countries. The International Solidarity Committee shall be responsible for educating the membership of this Local Union about its work. RULE 20(A) INJURED/ACCOMODATION WORKERS’ COMMITTEE 1. The committee shall be comprised of 4 members elected under the provisions of Rule 25(11) and the WSIB Representative and the Health & Safety Representative. 2. This committee shall deal with issues surrounding injured workers. This will include but not be limited to aiding injured workers in accommodation and reintegration into the workplace. 3 (a) This committee shall be chaired by the Local’s WSIB Representative. (b) The Health and Safety Representative shall be a member of this committee 1. The committee shall make recommendations to the local’s Executive Board in regards to policies for making the union meetings and other functions accessible for injured workers. 5. A member from the Injured Workers’ Committee shall be selected by the WSIB Representative to serve on the Accommodation Committee to be recommended by the President, to the Executive Board for recommendation to the General Membership meeting for final approval. The number of members on the committee shall be in accordance with the Collective Agreements unless otherwise agreed to with the Employer. 17 RULE 21 WOMEN'S ISSUES COMMITTEE 1. The Women's Issues Committee shall be elected under the provisions of Rule 25 (11). 2. The Women's Issues Committee shall elect a chairperson from among its members. 3. The Women's Issues Committee shall be responsible for: (a) Providing support and leadership for women members in improving their situation in the workplace. (b) Coordinating the efforts of members who support efforts to improve the situation of women in society. (c) Encouraging women members to participate in the affairs of the Local Union. (d) Keeping the membership informed of special issues in society and in the electrical industry that are related to women. RULE 22 EDUCATION COMMITTEE 1. The Education Committee shall be elected under the provisions of Rule 25 (11). 2. The Education Committee shall elect a chairperson from among its members. 3. The Education Committee shall be responsible for educating the members of this Local Union about the principles of trade unionism, the history and objectives of the labour movement, local, provincial, national and international law and about the policies of this Local Union. The Education Committee shall be responsible for encouraging members to attend General Membership meetings. RULE 23 PENSION COMMITTEE 1. The Pension Committee shall be elected under the provisions of Rule 25 (11). 2. The Pension Committee shall elect a chairperson from among its members. 3. The Pension Committee shall be responsible for: (a) Monitoring changes (b) Proposing pension improvements (c) Assisting members with pension concerns 18 RULE 24 HUMAN RIGHTS COMMITTEE 1. The Human Rights Committee shall be elected under the provisions of Rule 25 (11). 2. The Human Rights Committee will be comprised of three Inside and three Outside members. The members elected from each bargaining unit shall include at least one woman and at least one member of another target group. 3. The Human Rights Committee shall elect a chairperson and a Recording Secretary from among its members. 4. The Human Rights Committee shall: (a) Identify the needs of target group members in the workplace and in the Union. (b) Recommend to the Union improvements to the Collective Agreements and Union policy to address those needs. (c) Meet with the Employer in course of the joint employment equity process. (d) Educate the Union membership about human rights and employment equity. (e) Before discussions with the Employer, the Committee shall meet separately to review the issues for discussion, review Union policy on those matters and define goals for the meeting. (f) The President of the Local Union is an ex-officio member of the Human Rights Committee. RULE 25 ELECTIONS 1. Only at the General Membership meeting, immediately prior to a General Membership meeting at which elections are to be held, are nominations in order for the positions to be filled. 2. To stand for election for any office of the Local Union, a candidate must be a member in good standing. The member must be nominated by a member in good standing. 3. A member may be nominated as a candidate for any of the elected offices or Executive positions. If a member wishes to stand for an elected position but is unable to attend the nomination meeting, the member shall submit in writing a letter to Recording Secretary stating the position(s) in which they are standing. 4. All members in good standing shall have the right to vote in every election. All elections shall be by secret ballot and voted on by the entire membership. A candidate shall be declared elected if s/he has received 50% + 1 of the ballots cast, and a second and subsequent ballot(s) shall be taken if necessary to obtain 19 such a majority. On the second and subsequent ballot(s), the candidate receiving the lowest number of votes and any candidate receiving less than 10% of votes cast in the previous ballot shall be dropped. 5. At elections, the Chairperson shall appoint scrutineers who shall work under the direction of the election judge (see Rule 25 (12)). The scrutineers shall distribute, collect and count all ballots and report to the General Membership meeting. 6. Election of Executive Board members shall take place on the fourth Tuesday of May. The term of office shall be for three years. 7. All Table Officers shall take the Oath of Office at the General Membership meeting they are elected at, and shall immediately assume the responsibility of that office. 8. In the period commencing three months prior to the expiration of the collective agreements and ending with the ratification of the new collective agreements, Vacancies for President, Vice-President, Health and Safety Representative, WSIB Representative, Treasurer, Recording Secretary, Chief Steward Outside, Chief Steward Inside, Executive Board, Negotiating Committee or Strike Committee shall be nominated and elected at the regular General Membership meeting immediately following the occurrence of the vacancy. 9. Ballots bearing the names of members nominated a month prior to elections shall be printed by the Local Union for distribution at the election meeting. Candidates who stand for election to the offices of President, Vice-President, Health and Safety Representative, WSIB Representative, Treasurer, Recording Secretary, who indicate that they are willing to stand for other elected offices shall be permitted to stand for any other elected office and their names shall appear on the ballots. 10. The Auditors' term of office shall be for three years, one auditor to be elected each year at the Annual Fiscal Report. An Auditor shall not be a member of the Executive Board. 11. Up to six members may be elected to each of the standing committees. Nominations and elections shall be held in May of the year alternate to the year in which elections of the Local’s Executive Board is held. 12. Members who are on shift working between the hours of 5:00 p.m to 9:30 p.m.on the day of elections for Table Officers, Executive Board member’s at large special and standing committees will be permitted to cast a ballot at the Union Office, which will be administered by the Office Administrator. Shift workers will indicate on their ballots in order of rank for the nominees for the purposes of run-off elections. 13. At the General Membership meeting at which elections will take place for Table Officers, Executive Board members at large and standing committees, balloting shall begin at approximately 5:00 p.m. This time shall be indicated on the Bulletin and/or flyer for the General Membership meeting. 20 15. At the General Membership meeting at which elections will take place for Officers, Executive Board members at large and standing committees, the doors shall be tyled. the commencement of each round of balloting and no one shall be admitted to the meeting until balloting is completed. 16. Any member elected by the Local Union to represent the Local Union shall remain in office for the completion of the term of office, regardless of change from inside to outside or outside to inside bargaining unit, by the elected member. 17. When a slate is circulated to the membership for elections or when a list of endorsations are circulated to the membership for elections, the Recording Secretary of the Local Union must receive written authorization from the persons named on the slate or endorsation list prior to the General Membership meeting when the elections will be conducted. RULE 26 CONDUCT AND DISCIPLINE 1. It is the duty of any members elected or appointed to any office, committee or delegation to attend regularly. 2. If an Officer is absent without a satisfactory explanation, the Executive Board may recommend to the General Membership meeting that the position be declared vacant. Any vacancy shall be filled in keeping with the Local Union Constitution. 3. Executive Board recommendations shall remain confidential until the General Membership meeting. 4. Any Executive Board member, delegate or committee member, who after trial is found guilty of malfeasance of office or inefficiency, shall, on a two-thirds vote of the members present at any regular General Membership meeting, be summarily dismissed and shall be furthermore barred from holding any office for a subsequent two years after her/his dismissal. 5. Any member of a committee or delegation may be suspended for just cause by the chairperson of committee or delegation, subject to approval of the next General Membership meeting. 6. Any member who brings alcohol or illegal drugs into any Local Union meeting or behaves in an intoxicated, disorderly, or obnoxious manner in any meeting shall be given fair warning from the Chairperson of the meeting and may ultimately be removed from the meeting subject to the approval of the members present. The member may also be charged under the provisions of the Local Union Constitution and National Constitution. 7. Any officer who refuses to carry out her/his duties consistent with the directions of the general membership shall be immediately suspended from office by the Executive Board, subject to the approval of a Special General Meeting to be held within five days of suspension (see Rule 32). 21 8. No officer shall incur any indebtedness for this Local Union unless duly authorized by the proper officers of the Local Union. 9. Trial Procedure shall be in accordance with the National Constitution. 10. When two-thirds of the general membership signs a petition, which is presented to the Recording Secretary of the Local Union, expressing non-confidence in any elected representative or representatives, an election for positions held by the representative(s) in question shall be held within five days. 11. When two-thirds of the section represented by a steward or stewards signs a petition, which is presented to the Recording Secretary of the Local Union, expressing non-confidence in any steward or stewards, the steward or stewards shall be suspended from the Steward Committee by the Chief Steward pending final decision by the General Membership meeting. RULE 27 MEETINGS 1. The President shall notify members when a call for a meeting has been ordered by circulating a notice as widely as possible. 2. A meeting may resolve itself into a committee of the whole. RULE 28 GENERAL MEMBERSHIP MEETINGS 1. Order of Business: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Moments of Inspiration Roll Call of Officers Application for Membership Initiation and Introduction of New Members by VicePresident Nomination and Election of Officers Installation of Officers Reading of Minutes of Previous General or Special Meetings Finance Committee Report Treasurer's Report Executive Board's Report Officers' Reports - including Auditor's Reports Reports of Delegates, Standing, Ad Hoc or Special Committees and Communications Unfinished Business New Business Good of the Local Union 16. Adjournment 22 2. General Membership meetings shall be held on the fourth Tuesday of every month. There shall be no regular General Membership meetings in July August and December. 3. General Membership meetings shall convene at 5:00 p.m. sharp and shall close at 9:30 p.m. sharp, unless a motion for an extension of time is carried by a majority vote of the members present. 3. If a meeting resolves itself into a committee of the whole, the Vice-President shall act as Chairperson of the committee of the whole. 4. The President shall call meetings to order at the designated time and be responsible for the proper conduct of business. If she/he is absent, the VicePresident shall act. In the event of both being absent, an Executive Board member present shall act as Chairperson and shall sign the minutes of the previous meeting after the same have been approved. 5. The regular Order of Business may be suspended to receive reports of delegations or on the recommendation of the Chairperson, but in all cases with the consent of a majority of the members present for the transaction of this special business. 6. Recommendations presented by the Executive Board in its report shall be explained by the Chairperson in detail and individually discussed and voted on by the members present. 7. A Notice of Motion shall be in writing signed by the mover, seconded and given to the Recording Secretary at a General Membership meeting. It shall be read at two General Membership meetings without discussion and shall be debated and voted on at the third General Membership meeting. A Notice of Motion is acted on if such motion is carried. A Notice of Motion may not be amended in any form and shall be voted on as it was first presented to the General Membership meeting. 9. A Notice of Motion is required to amend the Local Union Constitution. RULE 29 EXECUTIVE BOARD MEETINGS 1. Order of Business: 1. Roll Call of Officers 2. Recording Secretary's Report 3. President's Report 4. Vice-President's Report 5. Health and Safety Representative's Report 6. WSIB Representative’s report 7. Finance Committee Report 8. Treasurer's Report 9. Outside Chief Steward's Report 23 10. 11. 12. 13. 14. 15. Inside Chief Steward's Report Committee Reports Unfinished Business New Business Good of the Local Union Executive Board Adjournment 2. The Executive Board shall consist of the President, the Vice-President, the Health and Safety Representative, the Treasurer, the Recording Secretary, the WSIB Representative the Outside Chief Steward, the Inside Chief Steward, Five Executive Board members at large, from each Bargaining Unit, and one Executive Board Member at large from the COGECO Bargaining Unit. 3. The Executive Board shall meet monthly at the call of the President, or more often if necessary. 4. The Executive Board shall consider all communications, grievances, that are appealed by members and any committee reports that are referred to it. 5. The Executive Board motions affecting the policy of the Local Union shall be submitted with recommendations to the General Membership meeting. 6. If the Vice-President is absent from the Executive Board meeting, the Chairperson shall be appointed by the Executive Board in attendance. 7. The Executive Board shall have the power to authorize payment of outstanding bills, and shall report thereon to the next regular General Membership meeting. 8. The Executive Board or President or at least 50 members may call a Special Meeting of the Local Union (see Rule 32). 9. The Executive Board shall perform such other duties as may be directed by the Local Union from time to time, and in accordance with the Local Union Constitution, they shall adjourn unless there are nine or more members present. 10. The Executive Board shall appoint stewards, subject to approval by the General Membership meeting. 11. Any member may appear before the Executive Board to present any matter of concern to the Local Union. 12. A majority of The Board constitutes a quorum. 13. Any seven Executive Board members may instruct the President to call a Special Executive Board Meeting to take place within two days. 14. The Recording Secretary or her/his designate shall notify all Executive Board members by telephone when and where they are to meet regarding Special or Emergency Executive Board meetings. 15. The Executive Board shall have the right, in the absence of any Table Officer, to name any Executive Board member at large to perform the duties of that office, for that meeting. 24 16. In the event of an emergency, the Executive Board may change the day or the time in the month of the General Membership meeting. 17. The Executive Officers shall hold title to any real estate of the local as trustees for the local. They shall have no right to sell, convey, or encumber any real estate without first giving notice and then submitting the proposition to a General Membership meeting and having it approved. 18. 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. 19. Shall any Executive Board member fail to answer the roll for three consecutive regular General Membership meetings or four regular Board meetings without having submitted good reasons for those failures, her/his office shall be declared vacant and shall be filled at the following General Membership Meetings. RULE 30 RATIFICATION OR STRIKE VOTE MEETINGS 1. Order of Business: 1. Roll Call of Officers 2. Reading and Informal Discussion 3. Negotiating Committee Reports 4. Informal Discussion 5. Ratification Vote 6. Strike Vote (if in order) 7. Adjournment 2. At a Ratification Meeting, all amendments and changes to the Collective Agreements shall be presented in printed form to each member before the meeting starts. 3. A period shall be provided for the members present to read and informally discuss the proposed amendments and changes to the Collective Agreements. This period shall be not less than 30 minutes and may be extended by the members present. 4. The Chairperson of the Negotiating Committee shall explain in detail all amendments and changes to the Collective Agreements. The membership may discuss each amendment or change as it is presented. 5. A simple majority (50% + 1) of votes cast carries in either a Ratification or Strike vote. 6. There will be no lifting of picket lines or return to work until members ratify the Collective Agreements. 25 RULE 31 SECTION MEETINGS 1. The President may call a Section Meeting if petitioned by a majority of a Section. RULE 32 SPECIAL MEETINGS 1. Order of Business: 1. Roll Call of Officers 2. Only Discussion and Voting on the Subject of the Meeting 3. Adjournment 2. The Executive Board or President or at least 50 members may call a Special Meeting of the Local Union to take place within three days. 3. When a meeting is requested by at least 50 members, a petition with names, signatures, and sections of the 50 or more members shall be given to the President. RULE 33 LOCAL UNION FUNDS AND ASSETS 1. Local Union funds shall be used for the good of the Local Union only, and confined to meeting the Local Union commitments, and shall not be subject to appeals for benevolent causes outside the labour movement. 2. Delegates are members who are recommended and approved by the Executive Board and where time permits concurred with at a General Membership meeting. 2. (a) Delegates attending conventions, schools or other Union functions during regular working days shall be compensated as follows: Out of Town In Town 2.(b) - Accommodation - Transportation - Parking - $70 per day - Accommodation, if accepted by the Executive Board and time permitting recommended to a General Membership meeting - Transportation - Parking - $40.00 per day Delegates attending conventions, schools or other Union functions on nonworking days shall be compensated as follows: 26 Out of Town - Accommodation - Transportation - Parking - $90 per day In Town - Accommodation, if accepted by the Executive Board and time permitted recommended to a General Membership meeting - Transportation - Parking - $50.00 per day 3. Delegates and committee members will not suffer any loss of normal straight time pay while working on behalf of the Local Union during normal working hours. 4. Members serving on any committee or delegation shall be paid at their normal rate. 5. The Local Union will pay the rates of pay provided for in the Collective Agreements to replace employees who are required to fill vacancies occasioned by absence due to Union business. 6. Members who receive an income equal to, or greater than one week's pay per month, shall pay their Local Union dues. 7. Executive Board and committee members meeting, immediately after working hours on Local Union business, shall be allowed one meal and transportation allowance. 8. Members will be allowed a meal when working for the Local Union at the rate in effect under the collective agreements the meal if the local union provides for a meal, the meal allowance is not applicable. This Section does not apply to Section 2. 9. Out-of-pocket expenses: each Table Officer and Executive Board member shall receive out-of- pocket expenses providing she/he has attended 75% of the Executive Board and General Membership meetings. 27 N.B. Any member of the Executive Board, which vacates their position during their term of office, shall receive a pro-rated annual out-of-pocket sum relative to the position based on attendance of Executive and General Membership meeting attendance. 10. Approval for up to and including one week's absence for committees or members on Union business is on authority of the President. Periods of longer duration to be approved by the General Membership meeting. 11. The initiation fee shall be $10.00 or as amended by the National Union Constitution. 12. The Union shall pay travel allowance at the rate currently in effect under the Collective Agreement for all kilometers traveled on Union business or as amended by the mileage allowance provision contained in the collective agreements. 13. The Union shall pay the difference in insurance premium costs between pleasure and business use of their personal vehicle for Union business for the President, Vice-President and the Health and Safety Representative. 14. The President will be provided with 10 days paid lieu time per year of term of office. 15. The President shall be full-time and paid at the top rate of the bargaining unit. a) The Vice-President shall be full-time and paid at the Certified Crew Leader rate or their existing rate whichever is greater. b) The Health & Safety Representative shall be full-time and paid at the Journeyperson rate plus six-percent (6%) or their existing rate whichever is greater. c) The WSIB Representative shall be paid at the Journeyperson rate plus sixpercent (6%) or their existing rate whichever is greater while on union paid business. 16. The Local Union will purchase insurance for 45 union members to cover them while they are doing union business. 17. The President, Vice-President WSIB Representative and Health and Safety Representative shall be allowed a phone, which will be paid for by the Local Union. 28 GLOSSARY A quorum exists when there is a sufficient number of members present to proceed with a meeting. In some cases, there are specific guidelines; in other cases, it is left to the Chairperson to decide whether a quorum exists. An ad hoc committee is one, which exists for a specific purpose only and dissolves when it has accomplished its tasks. An ex officio member of a committee is a full member of that committee because of her/his office in the Local Union. The President is an ex officio of all committees. Scrutineers are members who distribute, collect and count ballots and generally see that voting is properly carried out. Tylers are members who may be instructed to lock or "tyle" the doors and may be called upon to assist in maintaining order at a meeting. An audit is a formal examination of the financial affairs of the Local Union. The fiscal year of the Local Union is a financial year or accounting period of one year ending April 30th. A Notice of Motion is a statement in advance of an important motion. The Committee of a Whole is a procedure to facilitate discussion of a complex subject. The Chairperson leaves the chair and no motion is in order.
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