Scarborough Local Bylaws
ARTICLE 1: Composition and Aims:
1.1 Subject to and in accordance with the provisions of the National Constitution of the CANADIAN UNION of POSTAL WORKERS, the following By-Laws shall apply to all members of the SCARBOROUGH LOCAL.
1.2 The name of the Union shall be the CANADIAN UNION of POSTAL WORKERS, SCARBOROUGH LOCAL, hereinafter referred to as the Local.
1.3 The Local shall be affiliated to the Ontario Federation of Labour and the Labour Council of Metropolitan Toronto and York Region and Durham Region Labour Council and should the boundaries change the affiliation will change accordingly.
ARTICLE 2: Objectives:
2.1 THE OBJECTIVES OF THE LOCAL SHALL BE:
a) To improve the general well-being of its members and, in particular the wages, hours of work, working conditions and the integrity of the bargaining units for which the Union is recognized as the bargaining agent.
b) To promote the fundamental principals of Trade-Unionism and the improvement of conditions of all workers.
c) To defend the rights and benefits acquired by the Union.
d) To encourage among its members the development of and participation in consumer co-operatives and credit unions.
ARTICLE 3: Membership:
3.1 ELIGIBILITY FOR MEMBERSHIP:
Any employee who does not perform managerial functions is eligible for membership in the Union under the following conditions:
a) If he/she signs an application for membership card;
b) If he/she undertakes to comply with the Constitution and Policies of the Union and By-Laws of the Local;
c) If he/she pays the initiation fee subject to section (9.27) of the National Constitution;
3.2 RIGHTS AND DUTIES OF MEMBERS:
a) All members of the Union enjoy equal rights and this, without discrimination;
b) The status of a member in good standing enables the member in good standing to:
iii) vote on National Referenda;
iv) represent the Union or Local as a delegate;
v) hold office in the Union;
vi) exercise any other rights afforded under the National Constitution and By-Laws of the Local.
c) Each member shall comply with the Constitution and Policies of the Union and By-Laws of the Local. He/she shall pay monthly Union dues as provided. He/she shall also pay without delay any assessment imposed in accordance with the National Constitution.
3.3 LOSS OF STATUS OF MEMBER IN GOOD STANDING & RE-INSTATEMENT:
a) A member shall no longer be a member in good standing when:
i) such member has been suspended from membership in accordance with the provisions of Article 8 of the National Constitution;
ii) such member is in arrears of three months or more in payment of Union dues and/or assessments;
iii) such member is performing managerial functions on a temporary basis in a position outside the bargaining unit for which the Union is the bargaining agent;
iv) a member who is not a member in good standing may not exercise any of the rights afforded a member in good standing under the Constitution and Bylaws of the Local or hold office in the Union or Local.
b) The Loss of member in good standing status in accordance with the preceding section is automatic.
c) A member may be re-instated as a member in good standing when:
i) the suspension imposed has ended;
ii) the member has paid all arrears in Union dues and/or assessments;
iii) such member has ceased to perform managerial functions on a temporary basis in a position outside a bargaining unit for which the Union is bargaining agent.
d) A member who wishes to be reinstated as a member in good standing shall notify the Local. The Local shall ensure that the conditions provided for in the preceding section have been fulfilled. When they have been fulfilled, the member is re-instated as a member in good standing.
However, a member who has lost his/her status as a member in good standing because of his/her suspension from membership in the Union may be registered again as a member in good standing prior to the end of his/her suspension under the conditions determined by the Local.
3.4 LOSS OF STATUS OF MEMBER AND READMISSION:
a) An employee shall no longer be a member of the Union when:
ii) such Employee resigns from the Union;
iii) such employee is expelled from the Union in accordance with the provisions of article 8 of the National Constitution;
iv) such person is no longer an employee in a bargaining unit for which the Union is certified or on behalf of which the Union is seeking certification. Any employee who is no longer a member shall lose all rights related to such status.
b) The loss of member status in accordance with the preceding section is automatic.
c) Any employee who has previously been a member in good standing of the Union may be readmitted as member in good standing provided such employee complies with the provisions of section 3.1 and fulfils the other conditions which may be required by the National Constitution or the Local.
d) When the employee requesting to be readmitted as a member in good standing had been expelled from the Union, such employee shall pay a readmission fee as determined by the Local; but this shall be at least $40.00 and at most $300.00.
e) The Local may, with respect to the readmission of an employee to member in good standing, impose any particular condition which it shall deem appropriate. When any particular condition is placed on the readmission of an employee to member in good standing the entire case must be forwarded to the National Executive Board for revision or acceptance.
f) Subject to revision by the National Executive Board, readmission of an employee to member in good standing is left entirely to the discretion of the Local. However, the Local shall take into consideration the following factors:
i) the reason for which the employee ceased to be a member in good standing;
ii) the employee's attitude towards the Union and the Local prior to ceasing to be a member in good standing and since such employee ceased to be a member;
iii) when the employee involved had been expelled, the seriousness of the grounds for such expulsion & all extenuating and aggravating circumstances, together with the period of time elapsed since the employee's expulsion.
a) The National Executive Board may, on the recommendation of a Local, give to a member in good standing of such Local who retires, the status of lifetime member, in honour of special contribution made to the Union by the retired member. Lifetime Member status provides for attendance at his/her Local membership meetings and voice at such meetings and any other rights afforded those with Lifetime Member status in this Constitution and including rights afforded retired members who have Retired Member status. A retired member Lifetime Member status is exempted from the payment of Union dues.(Article 1.22 of National Constitution), and;
b) If the National Executive Board rejects the recommendation of a Local to grant Lifetime Member status to a retired member, then it shall supply the Local with written reasons for its decision. The National Executive Board may, on the recommendation of a Local, give to a member in good standing of such Local who retires, the status of lifetime member. The only rights enjoyed by a lifetime member of the Union are attendance at his/her Local membership meetings and voice at such meetings. A lifetime member is exempted from the payment of Union dues.
a) All members in good standing who have retired from employment in the bargaining units represented by C.U.P.W. are eligible for Retired Member status in C.U.P.W. Retired members in good standing who wish to obtain Retired Member status shall inform the Secretary-Treasurer of the Local, who shall forward the name and necessary particulars to the National Secretary-Treasurer. Upon confirming membership in good standing at the time of retirement, the National Secretary-Treasurer shall issue a Retired Member Union card to the applicant and shall so inform the Local Secretary-Treasurer.
ARTICLE 4: Dues and Initiation Fees:
4.1 The Union dues for the Local shall be equivalent to those set Nationally, plus ten dollars ($10.00) per member per month.
4.2 The Local shall require any new member to pay an initiation fee of five dollars ($5.00) subject to section (9:27) of the National Constitution. The initiation fee is to be the property of the Local.
4.3 Upon written request of a member, the Local may allow a member who is in arrears in the payment of his/her Union dues and/or assessments to remain a member in good standing when the member is not working due to illness, accident, leave of absence without pay or suspension or dismissal imposed by the employer and does not have sufficient resources to support himself/herself and his/her family, such waiving of dues must be approved by the members gathered at a General Membership meeting.
5.1 The Local Executive Committee (hereinafter referred to as the Executive Committee) shall consist of at least eleven (11) officers: PRESIDENT, 1st. VICE-PRESIDENT, 2nd. VICEPRESIDENT, 3rd. VICE-PRESIDENT, 4th. VICE-PRESIDENT, 5th VICE-PRESIDENT, VICE-PRESIDENT AT LARGE, GRIEVANCE OFFICER, SECRETARY-TREASURER, ROUTE STRUCTURE OFFICER AND TECHNICAL ASSISTANT.
a) Be responsible for the direction and administration of the Local in line with the orientation decided by the members according to the National Constitution, the resolutions adopted at regular meetings or the mandates via referendum;
b) Have the obligation to enforce the National Constitution;
c) Be responsible for all representations before the employer;
d) Be responsible for all public statements of the Union at the Local level;
e) Receive and study all reports and other matters concerning the welfare of the Union duly referred to it;
f) Be the only one responsible to make recommendations to the members or to take decisions in line with the Constitution and Policies of the Union unless otherwise stated in the National Constitution;
h) Work to spread the most complete understanding possible of the Union's policies, the nature of the Union's struggle and all other matters concerning the Union and the Trade Union movement in general;
I) Be responsible for the implementation of the Union's Policies in matters of organization, preparation of strike structures, recruiting or any other organizational campaign launched by the National Executive Board;
j) Establish and maintain communications between the members and the main organisms of the Union;
l) Inform the members and promote Union Education through bulletins, communiques and any other adequate means;
m) Be responsible for the orientation, preparation and distribution of all publications intended for members;
o) Assist the worker organizer(s) in organizing campaigns. All expenses incurred by the Local shall be reimbursed by the National Union providing a budget for such assistance is presented to the National Executive Board for approval and appropriate receipts are provided for all expenses;
p) be responsible for the servicing of the members within any newly organized bargaining unit.
q) Be responsible for ensuring newly purchased or newly leased union offices are fully accessible and that union events are held in accessible venues.
r) Have the right to recommend that a particular grievance be referred to arbitration, through the Regional Executive Committee.
5.3 All Local Officers shall be elected by the general membership and belong to the Local Executive Committee. All permanent full time members of the staff of the Local who serve the membership shall also be elected by the general membership and belong to the Local Executive Committee.
b) Should a member of the Local Executive Committee seek election to a position in line with this section, they will be deemed to have resigned their present position effective the date of election and their current position shall be filled in line with section c) below.
c) At the first General Membership Meeting following the vacancy in the position of any Local Executive Committee members, nominations will be held and within thirty (30) days of nominations elections will be held.
5.9 All full-time officers must take their annual leave entitlement during the current fiscal year.
a) To this end, the Local Executive Committee shall establish a schedule of annual leave period, ensuring that the services to the membership are maintained. If, for any reason, an officer was not able to use their annual leave credits during the fiscal year, the Local Executive, shall in consultation with the officer involved, reschedule the said leave as soon as possible. If this leave is not taken within the said period, it shall be taken before his/her return to work, and;
c) The schedule of coverage is determined on the principle of “equal opportunity” among the part time officers. This schedule will be created by the Local Secretary-Treasurer and posted in the Local office.
ARTICLE 6: Duties of the Executive Committee and Shop Stewards
The Local President shall:
a) Be the senior Officer of the Local;
c) Have the responsibility for the enforcement of the Constitution and Policies of the Union;
d) Be responsible for grievances in the Local;
e) Be responsible for Local Union-Management meetings;
g) Have the right to look into any matter falling under the jurisdiction of the Union at the Local level and take measures to ensure that all Local Officers and members comply with the obligations and duties of their positions;
h) Interpret the Local By-Laws and his/her interpretation shall be maintained unless it is contested and such contest is supported by the majority of the members of the Executive Committee or by the majority of the members assembled at a General Membership meeting;
i) Take initiatives for the good and welfare of the Union on matters not provided for in the Local By-Laws, subject to the approval of the members;
j) Co-ordinate the work of all Local Officers;
l) Impose, as a policy of the Union, the rule according to which no Local Officer may meet alone with a representative of the employer to discuss Union matters;
m) Ensure the implementation of the Union's Policies in all representations before the employer at the Local Level;
n) Be responsible for public relations at the Local Level;
r) Keep the Executive Committee informed on all activities between the Local and National Headquarters of the CANADIAN UNION of POSTAL WORKERS;
s) i) the event no Union Steward is elected by the membership or where it is in the best interest of the membership have the authority to temporarily appoint Union Stewards. Such temporary appointment shall first be approved by the majority of the members of the Executive Committee;
ii) as soon as possible, following the temporary appointment of a shop steward he\she shall arrange for a ratification vote by the members of the particular installation or shift following which the appointment shall be for the duration of the term of office.
t) Co-sign all cheques drawn on the account of the Local;
The Local 1st. Vice-President shall:
The Local 2nd. Vice-President shall:
b) Be responsible for the appointment of a tyler to be responsible for the attendance book for all purposes;
c) Be responsible for the appointment of a sergeant at arms who shall be responsible for the removal of member not in good standing and/or those who commit acts of misconduct at a meeting;
f) Be responsible for the databases of courses, and its exchange with the Regional and National Union.
The Local 3rd. Vice-President shall:
The Local 4th. Vice-President shall:
The Local 5th Vice-President shall:
f) Until the Collective Agreements are merged, the position will be reserved for R.S.M.C. members at the time of election. This will not prevent R.S.M.C. members for running for other positions on the executive or shop steward body.
g) The first election shall take place as soon as the bylaw is approved by the National Union.
The Local Secretary-Treasurer shall:
b) Be responsible for all official documents of the Local;
e) Be entrusted with the funds of the Local, approve all cheques to be signed for expenses authorized under the National Constitution, the resolutions passed at meetings, deposit immediately all monies he/she receives on behalf of the Local and sign cheques along with the President or in his/her absence, the 1st. Vice-President;
g) Prepare an annual financial report which is submitted to the Executive Committee and to a General Membership meeting and a copy of this report is sent to the National Secretary-Treasurer and the National Director;
i) Keep an up-to-date mailing list of the membership;
j) Establish an adequate filing system for the Secretariat and Treasury;
k) Establish and maintain an efficient system for the membership control and checkoffs;
l) Be responsible for all communications to Local Officers;
n) Not issue any cheques in payment of any account not provided for in the budget or authorized by the Local By-Laws or National Constitution, unless approved by the majority of the Executive Committee. Such payment shall be subject to ratification at the next General Membership meeting of the Local;
o) Not pay any money without a bill or signed voucher;
p) Forward the per capita tax quarterly for each member not on check-off who is in good standing and also a list of suspended or expelled members to the National Secretary-Treasurer;
q) Be responsible for per capita tax on all members in good standing, including those members not on the check-off who pay dues Locally;
r) Be responsible for the nominal list for the membership of the Local.
s) Prepare a monthly report on 4.1 paragraph a) which will be submitted to the Local Executive Committee and to the General Membership Meeting and a copy of this Executive Committee and to the General Membership Meeting and a copy of this report be sent to the Local Route Structure Officer;
The Local Grievance Officer shall:
c) Shall be responsible for the hearing of all grievances within the Local;
f) In the case of a non-Canada Post bargaining unit being represented by the Scarborough Local, the Grievance Officer will be responsible for the duties above unless the Executive assigns another Officer, or until the bylaws are amended for the new unit.
The Local Route Structure Officer shall:
b) Oversee all Work Structures within the Local;
The Local Vice-President at Large shall:
d) In conjunction with the other Full-time Officers, assist in the areas of grievance\arbitrations, employee benefits or otherwise, as required.
The Local Technical Assistant shall:
d) Assist all other Full-time Officers as required;
e) Assist in the hearing, preparing and writing grievances;
h) Assist all other Full-time Officers as required.
The Local Shop Steward shall:
c) Ensures a strong Union presence on his/her work shift;
d) Enforces the Collective Agreement;
e) Regularly informs the members of the decision of a General Membership meeting, the activities of the Union, the Union publications and any other item of interest for the Union and well-being of the membership;
f) Promotes the objectives of the Union and those of the Labour movements in general;
g) As advisor for the workers, defends the interests of the members he/she represents, in all cases;
6.13 It shall be the duty of the Senior Officers of the Local becoming dissolved to deliver the Charter and other property of the National Headquarters and shall be responsible for all dues in arrears. The Charter and other property received from the dissolved Local shall be restored in the event of its being reorganized.
6.14 If, it is no longer financially possible to maintain the current number of full-time officers, then:
a) The Full-time Executive Officers shall be converted to Part-time in the following order:
c) The decision to convert a Full-time Officer shall be made by a referendum vote of the membership.
6.15 An outgoing Local Officer may, at the discretion of the Local Executive Committee, remain on staff for a period of up to thirty (30) working days to ensure continuity of services and assist in coming Officers.
6.16 Prior to the Triennial elections for Executive positions, the Local By-laws Committee shall meet to review and revise the composition of the Local Executive Committee taking into consideration financial status of the Local, membership strength of the Local and the requirement to maintain effective representation to the membership.
6.17 All Executive Officers must change their personal greeting on a daily basis in attempt to help the membership know when officers are back in the office.
c) The Trustees shall be generally responsible for the inspection of the finances and assets of the Union.
d) Any Trustee shall have the right to require an immediate and detailed accounting of any financial transaction carried out by the Union or in its' name.
g) Include in its' report statements respecting funds and accounts, number of members in good standing, audited membership, audited check-offs and all other information deemed necessary for a good and sound management of the Union;
d) Its' function shall include the recruiting of members and the preparation of the Strike structures. It deals with any other organization campaign launched by the National Executive Board.
i) to help prepare and implement the Local Education Program;
ii) to help co-ordinate Union Education at the Local Level;
iii) to work in the field of education on promoting the fullest understanding of Union Policies, the nature of the Struggle of the Union and all other matters of concern to the Union and to the labour movement in general.
ii) where practicable, notification of courses will be posted up to four (4) months in advance, with a new course posted every month, so as to provide a rotating calendar of upcoming courses.
iii) all opportunities for positions in Local education seminars of one (1) day or less will have determination through a first come first serve basis. This will be done via voice mail to the 2nd. Vice-President and saved so that a record may be kept. All participants will be notified five (5) days prior to the course's commencement of their acceptance or rejection.
e) The Committee will ensure formal training courses be delivered at three (3) Shop Steward Meetings per year on the subjects of “The Grievance Process”, “Route Measurement” and “Work Place Health and Safety”;
ii) the Two (2) alternates shall be elected triennially at the same time.
i) conducting the nominations;
ii) the printing and distribution of ballots;
iii) scrutinizing the vote;
a) The Local shall establish a By-Laws Committee to be comprised of the Local Executive Committee and an equal number plus one of rank and file members in good standing of the Local, to be elected at the first General Membership meeting following the National Convention.
a) The Local shall ensure that every workplace in Scarborough Local has a Health and Safety Committee that is comprised of the appropriate numbers of members in good standing of the Local and that each workplace Committee have at least 1 alternate. The Workplace Committee sizes shall be determined by: Article 33.03 (b)(i)(ii)(iii)(iv) of the Collective Agreement
As well - each Committee shall also include at least one alternate
The York Distribution Hub Workplace Committee shall be comprised of a member of Y.D.C. from Group 2 and a member representing the other Groups at Y.D.C., with an alternate from any Group.
c) These Committee members shall be elected biannually in their workplaces with the election procedures the same as those for Shop Stewards and would be done in conjunction with the Shop Steward elections with the exception that Workplace Health and Safety Committee members would be elected for a two (2) year term and may seek re-election for subsequent terms. Committee members and alternates, with the exception of the co chair, must be members of the workplace they represent.
d) The 2nd. Vice-President shall work, in conjunction with the 1st Vice-President, to ensure that all Health and Safety committee members including alternates receive the necessary training to do their work effectively.
j) Each facility meet on this same day every month, and;
k) The 1st Vice-President as co-chair of all Local Health and Safety Committees attends all meetings as all facilities will have the meeting on a specific day different from other facilities in Local.
l) Any C.U.P.W. member of the Health and Safety Committee of a facility shall assist the Vice-President at Large with any return to work meetings as the Local knowledge for the well being of the member’s for work being performed in the facility.
i) involvement of women in the Union with the goal of full participation of women in all levels of the union;
ii) the education of the membership on equality issues facing women;
iii) the situation of women in the Post Office and ways to improve it.
a) The Local shall establish a Human Rights Committee comprised of at least four (4) members in good standing. Every attempt will be made to represent people of colour, disabled people, lesbians, gays and transgender people, and aboriginal people.
b) These members are to be elected at the General Membership meeting in September after a call has been put out by the Executive Committee for those who are interested and these members must be representatives of one of these working groups, while not being required to reveal the group represented.
d) The function of the committee shall be to study issues and concerns affecting people of colour, disabled people, lesbians, gays and transgender people, and aboriginal people.
i) the involvement of people of colour, disabled people, lesbians, gays and transgender people, and aboriginal people in the Union with the goal full participation of such people in all levels of the Union, and;
ii) the education of the membership on equality issues facing people of colour, disabled people, lesbians, gays and transgender people, and aboriginal people, and;
iii) the situation of people of colour, disabled people, lesbians, gays and transgender people, and aboriginal people in the Post Office and ways to improve it, and;
iv) fighting racism, homophobia, transphobia and discrimination against people with disabilities.
a) The Local shall establish a R.S.M.C. Committee comprised of a minimum of one (1) member and no more than two (2) members in good standing from each station where R.S.M.C. members are working, plus all R.S.M.C. holding Executive Committee positions within the Local.
i) involvement of R.S.M.C. in the Union with the goal of full participation of R.S.M.C. in all levels of the Union, and;
ii) the education of the membership on equality issues facing R.S.M.C. and;
iii) the situation of R.S.M.C. in the Post Office and ways to improve it.
b) The Pension and Retiree Committee shall be responsible studying legislation covering pension plans within the Local, the administration of retiree benefits and pension plans contained within collective agreements covering members and retirees, and pension plans and retiree benefits in other unions' collective agreements, and it shall make recommendations to the Local Executive Committee on:
i) the administration of pension plans and retiree benefits within the Local, and;
ii) proposals for negotiating improvements and changes required for pension plans and retiree benefits, and;
iii) the education of the membership and retirees on pension plans, retiree benefits and retirement issues.
i) a notice be sent out Locally notifying members of any vacancies, and;
ii) all applicants would be scrutinized then selected based on knowledge of work measurement knowledge, Union activism and other pertinent information.
7.18 The President of the Local shall have the authority to appoint Committee members where required, subject to the approval of the Executive Committee. Such appointments shall be subject to ratification by the General Membership at the next meeting.
8.1 The Local must use National rebate funds for Union purposes only.
8.2 Union dues shall be the same for all members and/or employees, whether they are full-time or part-time.
8.3 The Local shall not pay any special allowance in any form whatsoever, nor pay wages of official delegates attending the National Convention.
8.5 A fund of ten thousand dollars ($10,000) is to be set aside to cover Local expenses incurred in the event of an industrial dispute or National Strike.
8.6 In the event of a members' death, or death in the members' immediate family (Wife, Husband, Son, Daughter, Father, Mother) flowers or a special request not to exceed seventy-five dollars ($75.00) excluding taxes and service charges will be sent or donated.
8.7 No donations are to be made to charitable organizations or political parties or causes.
8.8 Donations to other Unions, seeking financial assistance in time of need, may be made. These donations are not to exceed five hundred dollars ($500.00). All donations of this nature are subject to approval at a General Membership meeting by a majority vote.
8.9 Any authorized leave of absence without pay for Union business shall be fully paid to the Executive Officers or members at their going rate of pay. Such payments are not to be made in the event the Executive Officer or member receives pay from another source.
8.10 a) Where travel on Union business is authorized and an expense is incurred, a mileage expense at a rate determined by the National Constitution per kilometre shall be paid unless it is deemed economically advantageous to rent a vehicle, and;
c) All expenses submitted for reimbursement by the membership must be received by the Local Secretary-Treasurer within 90 days of the date of the expense. Any expenses beyond the 90 days will be null and void.
8.11 The Local is not chartered to loan money and the facilities are not geared for the service.
8.12 a) Full-time Officers of the Local shall be paid a salary for the following:
iii) full-time officers shall not receive any other pay or allowances (ie: boot & glove, rest period)
b) The Route Structure Officer or any member of the Local working on behalf of the Local on a volume count or route restructure exercise shall not suffer any loss in wages for the period of time he/she is off working for the Local. Such loss shall include householder allowances whether householders are in the system or out of the system. These funds shall come out of the Route Structure Account.
c) In the event a part time officer has been authorized by the Local Executive Committee to cover a known absence more than three (3) consecutive days for any full time officer, he/she will receive the pay equal to the full time officer salary for each day of coverage.
d) No member of the Local working on behalf of the Local for more than three (3) consecutive days shall suffer any loss in wages for the period of time she/he is off working for the Local. Such loss shall include householder allowances, rest period allowances, night recovery and any other benefits to which the member would have been entitled if she/he had been at work. These funds shall come out of the General Funds
8.13 Full-time Officers shall be entitled to any fringe benefits derived from the Collective Agreement and those accorded full-time Officers as per the National Constitution, excluding those provided for in section 7.43 of the National Constitution.
8.14 All representatives have their severance paid out as of December 31st. 2003 or have the option of receiving it on termination of his/her service to the Union at the current salary earned at the time of termination of such service
8.15 There will be no expenses or lost wages paid without a receipt or signed voucher.
8.16 SUPPLEMENTS FOR EXECUTIVE OFFICERS & SHOP STEWARDS:
a) PART-TIME EXECUTIVE OFFICERS:
For services rendered, part-time Officers shall be paid a supplement based on one dollar and fifty ($1.50) per member (Maximum 2000 members) per year.
i) part-time officers' supplement shall be paid on the 15th day of every month.
ii) in order to qualify for a supplement a part-time officer must have devoted a minimum of 10 hours service per month to the Local.
iii) sign a “Supplement Voucher” accepting receipt of Local Funds for services rendered.
ii) an additional supplement of three hundred and seventy-five dollars ($375.00) shall be paid to Shop Stewards who have signed the attendance book and attended at least 50% of all scheduled Shop Steward meetings and demonstrated service to the membership has been provided (Prorated on a monthly basis).
8.18 In the event of unforeseen expenditures the Secretary-Treasurer shall make the necessary adjustments in the Financial Structure of the Local. These changes are subject to the approval of the General Membership.
a) The Local can purchase, transfer, sell and mortgage real property. The real property of the Local may be held and administered by the Local Executive Committee or by a building corporation or a trustee as determined by the Local Executive Committee. However, all real property shall at all times be used, administered, transferred, mortgaged and sold as decided and directed by the Local Executive Committee.
i) such property shall be restricted to one location and shall be of sufficient size to provide office space for the officers and assets of the Local, and;
iii) if feasible such real property shall be sufficient size to allow for facilities for recreational use by the membership and their families, and;
iv) should such real property be sufficient size to accommodate the provisions of 8:19(b) (ii) & (iii) above, where practicable, the Local Executive Committee shall be authorized to make such space available for rent when it is not required by the Local or its’ members, and;
v) financing for such real property shall be achieved solely through existing Local assets plus anticipated revenues from Local dues based on the rebate of National Dues as stipulated in the C.U.P.W. National Constitution and the existing Local assessment, as outlined in article 4.1(b) and there shall be no increase in the assessment to purchase said real property.
c) All future building purchases and lease commitments will address accessibility issues so that Union offices are fully accessible.
9.1 ELIGIBILITY OF A CANDIDATE: In order to be eligible as a candidate in any Local Election
(Executive Officer Committees, Delegates, etc.):
a) i) the nominee must be a member in good standing of the Local and have attended at least 50% of all scheduled General Membership meetings in the previous 12 months or have served the Union on a full time basis as an elected Representative or Committee member at the Regional or National Level, and;
b) Members required to work on behalf of the Local, Regional or National Union when a meeting is scheduled, shall be deemed to have attended the meeting for the purposes of determining 50% attendance.
c) In the event of no quorum at a scheduled General Membership meeting, those members who have attended and signed the attendance book or have served the Union on a full time basis as an elected Representative or Committee member at the Regional or National Level, will be counted towards their 50% attendance.
d) In the event of a member in good standing transferring in from another Local and when he/she provides a letter from the previous Local certifying number of General Membership meetings attended within the last twelve (12) calendar months will be given credit towards his/her 50% attendance.
e) Any new hires and temporary workers must be a member in good standing and for the purposes of calculating 50% attendance must have attended 50% of the General Membership meetings in the last Twelve (12) calendar months or the member’s hiring date whichever is the lessor.
d) Following nominations for the Executive Committee positions. A special edition of the Local Newspaper shall be published and distributed prior to the elections. Each candidate for office shall be allotted equal space in this Special Edition for the purposes of campaigning.
e) The positions of Vice-President at Large, Technical Assistant, 1st Vice-President, 3rd Vice-President and Route Structure Officer shall be elected to a term of office to expire April 1, 2016, subsequent elections for these five (5) positions shall be held triennially.
f) The positions of President, Grievance Officer, Secretary-Treasurer, 2nd. Vice President, 4 th. Vice-President and 5th. Vice-President shall be elected to a term of office to expire March 31, 2017, subsequent elections for these six (6) positions shall be held triennially.
f) In the event of a remaining vacancy after acclamation then this position will be by appointment by the Local Executive Committee of member’s expression if interest letters
9.4 O.F.L. - C.L.C. CONVENTIONS & CONFERENCES:
b) Prior to the nominations the Executive Committee shall make a recommendation to the General Membership meeting relative to delegate strength, taking into consideration the need of participation and the financial impact on the Local.
9.5 AREA COUNCILS & REGIONAL CONFERENCES & EDUCATION SEMINARS & NATIONAL CONVENTION:
a) The Delegates shall be members in good standing of the Local and elected at the General Membership meeting after receiving Official Notice of the scheduled Area Council, Regional Conference, Education Seminar or National Convention.
b) Where lost wages may be incurred, prior to nominations, the Local Secretary-Treasurer shall advise the General Membership meeting of the availability of funds to cover such lost wages. The General Membership meeting shall make a decision on whether reimbursement of lost wages shall or shall not be paid.
9.6 In the event of an emergency or that the General Membership meeting does not elect such delegates as stated in 9.4 and 9.5, the Executive Committee shall have the power to appoint the number required.
9.7 There shall be no voting by proxy.
10.2 Notice of all membership meetings, regular or special, shall be posted on all Notice Boards within the jurisdiction of the Local, at least ten (10) calendar days prior to the date of the meeting.
10.5 The attendance book shall be closed one (1) hour after the meeting is called to order.
10.6 If a quorum is not obtained within thirty (30) minutes after the scheduled starting time, then the meeting shall be cancelled.
10.7 A Special meeting may be called by the President, or a fifteen (15) member petition. All members are to be notified by Bulletin Board Notice. At these meetings, the only business transacted will be the business for which the Special meeting was called. At least fifteen (15) of those signing the petition must be in attendance at this meeting.
ARTICLE 11: Rules and Procedures:
11.1 At the commencement of each meeting, members entering the hall shall be required to sign the attendance register and failure by a member to do so will result in his/her being officially absent for the purpose of the records of the Local.
11.3 The presiding officer shall declare the meeting open making the following announcement:
"BROTHERS AND SISTERS, WE ARE ABOUT TO OPEN THIS MEETING OF THE SCARBOROUGH LOCAL, CANADIAN UNION OF POSTAL WORKERS. IF THERE IS ANYONE PRESENT NOT ENTITLED TO REMAIN, HE/SHE WILL PLEASE RETIRE. THE OFFICERS ARE REQUESTED TO TAKE THEIR RESPECTIVE PLACES."
a) Reading of the Sexual Harassment Policy from section D-5 of the National Policies section of the National Constitution.
b) Acceptation and initiation of candidates for membership according to the National Constitution.
c) Roll call of Officers.
e) Reading of correspondences by the Secretary-Treasurer and Executive Board recommendations to be dealt with individually up to thirty (30) minutes and the remainder to be dealt following new business.
f) Reports of Officers, Committees and Delegates as appropriate.
g) Elections by the Election Committee, when appropriate.
h) R.S.M.C. issues to the General Membership meeting agenda.
i) Unfinished Business.
j) New Business.
11.5 RULES OF ORDER:
a) A member wishing to speak shall raise his/her hand until recognized by the chair. Upon being recognized he/she shall state his/her name and speak only to the point at issue or he/she shall be ruled out of order by the chair.
b) No member shall interrupt a speaker, except on a point of order.
c) No member shall speak more than once on the same subject while there is another member who has not spoken, seeking to be recognized.
d) When the previous question is moved no discussion or amendment on either motion is permitted. If the majority vote "that the question now be put". The original motion has to be put without debate. If the motion to put the question is defeated, discussion will continue on the original motion.
ARTICLE 12: Conflict Resolution and Discipline:
Article 8 of the National Constitution will be used in its' entirety by the Local.
ARTICLE 13: General:
13.1 Per capita tax and assessments shall be held as a standing appropriation and shall require no motion of the Local to pay same.
13.2 The Local shall not submit any resolutions with regard to Federal Legislation to any Central Labour Council or to any government body if such legislation would have any effect on postal workers, unless such proposed resolution is in keeping with resolutions already approved by the Union at National Convention, or if not so, unless such resolution has been approved by the National Executive Committee. Under no circumstances shall a resolution with regard to Legislation be approved by the Local for submission to a central Labour Body if it has been disapproved by the National Convention or the National Executive Committee.
13.3 The Local shall establish a membership control system to determine the number of membersand dues-paying employees and to control the check-off of Union dues. Union Stewards shall receive any information required to enable them to detect errors and prepare a monthly report to the Local Secretary-Treasurer.
13.4 The Local shall send to the National Secretary-Treasurer on a monthly basis any information available with regard to membership control and check-off of Union dues and more particularly:
b) A list of new employees and new members;
c) A list of employees who have left the bargaining unit;
d) A list of persons who are no longer members of the Union;
e) A list of employees and/or members subject to the check-off system who have not paid Union dues indicating the reasons for non-payment;
f) A list of members who are no longer in good standing for failing to pay union dues and/or assessments.
13.5 Any officer of the Local shall make it his particular duty to comply with and implement National Policies adopted by the Convention or by the members through a referendum vote and the decisions of the National Executive Board.
13.6 Any resolution coming from the Local and intended for Convention, Regional Conference,the National Executive Board, the National Executive Committee or Regional Executive Committee shall be duly carried by the Local's regular membership meeting. The President and the Secretary-Treasurer of the Local shall confirm by their signature that the resolution was duly moved,seconded and carried at a specific date by the Regular Membership meeting.
14.1 Proposed By-Laws for the Local shall be submitted to the National Office where they will be examined for any conflicts with the National Constitution. Any such conflicts will be brought to the attention of the Local for amendment or deletion. The National Union may also make recommendations to the Local as to other aspects of the proposed Local By-Laws.
14.2 After any required deletions or amendments are made in the Locals' draft, they shall resubmit them to the National Office.
14.3 On notification to the Local from the National Secretary-Treasurer that the By-Laws are approved they may be adopted by the Local.
14.4 Any provisions in the Local By-Laws which is contrary to the letter of spirit of the present National Constitution shall be null and void.
14.5 Changes to the Local By-Laws must be ratified by a referendum vote of the membershipm by a 50% plus one (1) majority. Referendum votes may be called by members representing two thirds (2/3) of the Local Executive Committee or two thirds (2/3) of the members gathered at the Regular Membership meeting following the meeting when Notice of the Motion to change the By-Laws was given.
14.6 Any proposals/resolutions for changes during the review of the Local By-laws by Committee must be submitted to the Secretary-Treasurer in writing Seven (7) calendar days prior to scheduled meetings of the By-laws Committee.