Bylaws - CUPE 3651

Our bylaws set out the rules for how our local democratically elects our representatives, and how it is run.

Approved_Bylaws_L3651_2024_01_29

Bylaws

Local Union 3651

Adopted at membership meetings:

December 4 2023

December 12 2023

January 9 2024

Approved:

January 29 2024

Table of Contents

INTRODUCTION

Local 3651 of the Canadian Union of Public Employees has been formed to:

Improve the social and economic well-being of all of its members;
Promote equality for all members and to oppose all types of harassment and discrimination;
Promote the efficiency of public services; and
Express its belief in the unity of organized labour.

The following bylaws are adopted by Local 3651 and all its bargaining units in accordance with the CUPE National Constitution (Articles 13.3 and B.5.1), to protect the rights of all members, to provide for responsible governance of the Local Union, and to involve as many members of the Local Union as possible through the sharing of duties and responsibilities.

CUPE chartered organizations shall respect and apply the CUPE National Equality Statement to all the chartered organizations’ activities. The CUPE National Equality Statement can be found in Appendix A to these bylaws.

CUPE chartered organizations may also wish to adopt a Local Union Code of Conduct that would apply to membership meetings and other functions organized by the chartered organization.

The Local Union Code of Conduct can be found in Appendix B to these bylaws.

SECTION 1 – NAME

The name of this Local Union shall be Canadian Union of Public Employees,

Local 3651.

Local 3651 consists of the following bargaining units:

Full-time employees: Local 3651.0 (bargaining unit 0)

Part-time employees: Local 3651.2 (bargaining unit 2)

Clerical employees: Local 3651.3 (bargaining unit 3)

SECTION 2 – OBJECTIVES

The objectives of Local 3651 are to:

Secure the best possible pay, benefits, working conditions, job security, pensions and retiree benefits for its members;

Provide an opportunity for its members to influence and shape their future through free democratic trade unionism;

Encourage the settlement by negotiation and mediation of all the disputes between the members and their employers;

Eliminate harassment and discrimination of any sort or on any basis; for the equality of treatment regardless of class, race, colour, nationality, age, sex/gender, language, sexual orientation, place of origin, ancestry, religious beliefs, or mental and physical disability; and the active opposition of discrimination of same wherever it occurs or appears;

Establish strong working relationships with the public we serve and the communities in which we work and live; and

f) Support CUPE in reaching all the objectives set out in Article II of the CUPE National Constitution.

SECTION 3 – REFERENCES

Numbers of articles at the end of sections or sub-sections in this document refer to relevant articles of the CUPE National Constitution which should be read together with these bylaws.

SECTION 4 – MEMBERSHIP

Membership

An individual employed within the jurisdiction of Local 3651 can apply for membership in Local 3651 by signing an application.

(Article B.8.1)

Approval of Membership

At the first membership meeting after the application has been submitted, the name(s) of the applicant(s) will be read out and unless a majority of members present at the meeting object, the applicant(s) will be accepted into membership.

(Article B.8.2)

Oath of Membership

New members will take this oath:

“I promise to support and comply with the Constitution of this Union, to work to improve the economic and social conditions of other members and other workers, to defend and work to improve the democratic rights and liberties of workers and that I will not purposely or knowingly harm or assist in harming another member of the Union.”

(Article B.8.4)

d) Continuation of Membership

Once accepted, a member continues as a member in good standing while employed within the jurisdiction of the Local Union unless the member loses good standing under the provisions of the CUPE National Constitution.

(Article B.8.3)

e) Member Obligations

Members are obligated to abide by the CUPE National Constitution and these bylaws as amended from time to time.

Members will provide the Recording Secretary with their current address, home telephone contact number and where available, an e-mail address. The member will advise the Recording Secretary of any changes to their contact information. This information will be protected and used to communicate with members. Such communication will take the form of mail, e-mail blasts or telephone town halls.

In the case of a telephone town hall, the telephone number may be shared with a service provider under contract to the Local Union to provide the technical equipment to support such a virtual meeting.

Upon request, the Local Union will share the telephone contact information with CUPE National or the Ontario Division, or any of the labour organizations it is affiliated to. The purpose of sharing this telephone contact information with CUPE National or the Ontario Division is so that the National Union or Provincial Division can conduct a telephone town hall with members on important matters.

SECTION 5 – AFFILIATIONS

In order to strengthen the labour movement and work toward common goals and objectives, Local 3651 shall be affiliated to and pay per capita tax to the following organization(s):

The CUPE Ontario Provincial Division
The Health Care Workers Coordinating Committee of the CUPE Ontario Provincial Division
The Greater Toronto Area CUPE Council
The Ontario Council of Hospital Unions
The Ontario Federation of Labour

SECTION 6 – MEMBERSHIP MEETINGS

a) Regular Membership Meetings

Regular Membership Meetings will be held every two months on the second Tuesday of the month. It is understood that a regular membership meeting is not required for the months of July and August.

Notice of each regular membership meeting outlining the date, time and location shall be given to members at least seven (7) days in advance of the meeting. Except in exceptional circumstances all meetings will be hybrid meetings, meaning members will be able to participate in-person or virtually. In-person and virtual participants must use the same method of voting, unless the National President approves otherwise. When a vote is taken in such a way that each person’s choice is confidential the vote will take place using a secure electronic voting platform.

The recording secretary will send out with the notice of meeting, the Agenda, the full financial report with expenditures and assets, and committee reports.

Within 30 days of the meeting all meeting documents, including the approved minutes of the previous meeting, will be available to all members in PDF format through an online password protected portal.

When a statutory holiday or a situation beyond the control of the Local Union arise which causes the cancellation of a regular membership meeting, the Executive Board shall reschedule the regular membership meeting, and will give members seven (7) days’ notice of the date of the rescheduled regular membership meeting.

b) Special Membership Meetings

Special membership meetings of Local 3651 may be required and shall be called by the Executive Board or may be requested in writing by no fewer than nine (9) members. The President shall immediately advise members when a special meeting is called and ensure that all members receive at least twenty-four (24) hours’ notice of the special meeting, the subject(s) to be discussed, the date, time and location. No business shall be transacted at the special meeting other than that for which the meeting is called and notice given.

c) Quorum

The minimum number of members required to be in attendance for the transaction of business at any regular or special meeting shall be nine (9) members, plus three (3) members of the Executive Board.

d) Membership Meeting Agenda

The order of business at regular membership meetings is as follows:

1) Acknowledgement of Indigenous territory.

2) Roll call of Officers

3) Reading of the Equality Statement

4) Voting on new members and initiation

5) Reading of the minutes

6) Matters arising from the minutes

7) Secretary-Treasurer’s Report

8) Communications and bills

9) Executive Board Report

10) Reports of committees and delegates

11) Nominations, elections, or installations

12) Unfinished business

13) New business

14) Good of the Union

15) Adjournment
(Article B.6.1)

e) Bargaining Unit Meetings

Bargaining Unit meetings may be called by the Executive Board or may be requested in writing by no fewer than nine (9) members to deal with matters that affect only members of the bargaining unit. Such meetings are not to be used to replace regular membership meetings and will not make decisions that affect the Local Union as a whole or another bargaining unit. The President shall advise members of the bargaining unit seven (7) days in advance of the meeting providing the time and location and an agenda.

The minimum number of members required to be in attendance for the transaction of business at any bargaining unit meeting shall be the same as a General Membership Meeting. Members from other bargaining units in the Local Union may attend these meetings without vote but with voice and are not counted as part of quorum.

Stewards Meetings

Steward meetings shall be held monthly and chaired by the Lead Steward

Notice of the meeting must be given to the Local President and to all Stewards no less than ten (10) working days prior to said meeting.

An emergency Steward meeting may be called by the President, Lead Steward, or their designate. The Lead Steward must call an emergency meeting when requested by at least two (2) or more of the Stewards.

All minutes and recommendations of such meetings shall be sent to the Executive and presented at the next monthly Executive meeting for consideration.

Over fifty percent (50%) of the current number of active Stewards present at any Steward meeting shall constitute a quorum.

SECTION 7 – OFFICERS

The Officers of Local 3651 shall be the President, one (1) Vice-President, Secretary-Treasurer, Recording Secretary, Lead Steward, Health and Safety Chair, Membership and Communication Chair, Equity Equality and Diversity Chair, and three (3) Trustees.

(Articles B.2.1 and B.2.2)

SECTION 8 – EXECUTIVE BOARD

The Executive Board shall include all Officers, except Trustees.

(Article B.2.2)

The Executive Board shall meet at least eight (8) times per year.

(Article B.3.14)

A majority of the Executive Board constitutes a quorum.

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

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

Should any Executive Board member fail to answer the roll call for three (3) consecutive regular meetings or three consecutive regular Executive Board meetings without having submitted good reasons, their office shall be declared vacant and shall be filled by an election at the following membership meeting.

The Executive Board shall handle the work of the grievance process and decide whether a grievance is referred to arbitration, with the Lead Steward as Chair.

No Executive Board member shall hold or be appointed to more than one Executive Board position.

The Executive Board will receive and consider reports of all committees.

The Executive Board will attend all membership meetings and will be booked off work to do so.

The Executive Board shall be responsible for reviewing and endorsing an Annual Budget that shall be approved by the general membership.

SECTION 9 – DUTIES OF OFFICERS and OTHER POSITIONS

Each Officer of Local 3651 is encouraged to participate in CUPE educational courses to enhance their leadership skills and expand their knowledge and expertise. Each year, as part of the budget exercise, an education plan shall be prepared for each Officer and committee members.

All Officers must give all properties, assets, funds and all records of the Local Union to their successors at the end of their term of Office.

(Article B.3.9)

All signing Officers of Local 3651 shall be bonded through the master bond held by CUPE National. Any Officer who cannot qualify for the bond shall be disqualified from having signing authority. No signing Officer will sign their own cheque.

(Article B.3.5)

All elected members will fulfill their designated responsibilities while working cooperatively and in conjunction with each other.

All elected members must provide a detailed monthly written report of activities, issues, and concerns related to their specific roles as outlined in these bylaws.

All elected members will agree to participate in training as required to meet the obligations of their respective roles in as timely a manner as possible.

In addition, all newly elected and re-elected Local representatives are required to take the CUPE Anti Racism/Anti Oppression training within the first six months of being elected or re-elected every three (3) years.

All elected members are accountable to the Executive Board as a whole and to the General Membership of the Local to ensure the bylaws are followed and to perform such other duties as they may be directed from time to time.

All Executive Board members shall monitor various issues and topics faced locally, provincially, nationally and internationally which arise and affect our bargaining unit members. All Executive Board members are responsible for reporting to the President issues and/or concerns that arise between meetings.

All Executive Board members will be provided with a key/access to the Local’s office.

(Article B.3.9)

The signing Officers of Local 3651 shall be: President, Vice-President and Secretary-Treasurer.

a) President

The President shall:

Enforce the CUPE National Constitution, these Local Union bylaws and the Equality Statement.

Interpret these bylaws as required.

Preside at all membership and Executive Board meetings and preserve order.

Decide all points of order and procedure (subject always to appeal to the membership).

Have the same right to vote as other members. In the case of a tie vote, the President may cast another vote, or the President may refrain from casting an additional vote, in which case the motion is defeated.

Ensure that all Officers perform their assigned duties.

Fill committee vacancies where elections are not provided for.

Introduce new members and conduct them through the initiation ceremony.

Sign all cheques and ensure that the Local Union’s funds are used only as authorized or directed by the CUPE Constitution, Local Union bylaws, or vote of the membership.

Be allowed necessary and reasonable funds to reimburse the President or any Officers for expenses incurred on behalf of the Local Union. Expense claims must be listed on a proper form outlining the expense, the reason for the expense, and with supporting receipt(s) attached.

Have first preference as a delegate to the CUPE National Convention, the Ontario Division and the Ontario Council of Hospital Unions.

Attend CUPE educational sessions to learn and improve their abilities to represent members in this capacity.

On termination of office, surrender all books, seals and other properties of the Local Union to their successor (including all e-mails history, passwords and data storage devices).

(Article B.3.1)

b) Vice-President

The Vice-President shall:

If the President is absent or not eligible, perform all duties of the President.

Preside over membership and Executive Board meetings in the absence of the President.

If the office of the President falls vacant, be Acting President until a new President is elected through a by-election.

Render assistance to any member of the Executive as directed by the Executive Board.

Attend CUPE educational sessions to learn and improve their abilities to represent members in this capacity.

Attend Labour/ Management meetings or arrange for a designate to do so.

Develop an education action plan (calendar) that includes both internal and external CUPE educational options for both board members and members at large and will present the action plan with the costing of the plan to the Executive Board by November of every year.

Submit the names of the Executive Board and members at large to the Secretary Treasurer to register them for all conferences, conventions, education, training and other related events that require a registration fee, hotel booking and/or per diem, in compliance with motions and direction of the Executive Board.

Organize at least once annually, an in-house educational opportunity for the membership.

Ensure all Board members receive required training in as timely a fashion as possible.

On termination of office, surrender all books, seals and other properties of the Local Union to their successor (including all e-mails history, passwords and data storage devices).

(Article B.3.2)

c) Recording Secretary

The Recording Secretary shall:

Keep full, accurate, and impartial account of the proceedings of all regular or special membership and Executive Board meetings. These records must also include a copy of the full financial report (Executive Board meetings) and the written financial report (membership meetings) presented by the Secretary-Treasurer. The record will also include Trustees’ reports.

Record all amendments and/or additions in the bylaws and make certain that these are sent to the National President for approval prior to implementing.

Answer correspondence and fulfil other administrative duties as directed by the Executive Board.

Keep a record of all correspondence received and sent out.

Prepare and distribute all notices to members.

Have all records ready on reasonable notice for the Trustees or auditors.

Preside over membership and Executive Board meetings in the absence of both the President and Vice-President.

Be empowered, with the approval of the membership, to employ administrative assistance to be paid for out of the Local Union’s funds.

Perform other duties required by the Local Union, its bylaws or the National Constitution.

Guard the inner door at membership meetings and admit no one but members in good standing or Officers and officials of CUPE, except on the order of the President and with consent of the members present.

Maintain the record of membership attendance at meetings.

Attend CUPE educational sessions to learn and improve their abilities to represent members in this capacity.

Bring, to the first meeting of the year, a list of all anticipated conferences, conventions and other important events for the year, to solicit interest in attending, and facilitate timely compliance with article 15 of these bylaws.

Distribute minutes in a timely manner (two weeks after Executive Board Meetings or General/Special Membership Meetings)

Keep a record of all correspondence received and sent out including email correspondence.

Monitor supplies for the union office and create order as directed by the Executive Board, once completed will provide to Local President or their designate to place order.

Ensure that when recognition is awarded by the Executive Board or via motion at a General Membership Meeting it is completed in a timely manner.

Report on all communications and bills at each Board meeting and General Membership Meeting.

Preside over membership and Executive Board meetings in the absence of both the President and Vice-President.

Keep an up-to-date membership and email list-serves which shall include the employee address, telephone numbers, job location, department numbers, job classification and personal email addresses in a spreadsheet format.

Distribute materials which have been approved by the Executive Board for distribution to the general membership.

On termination of office, surrender all books, seals and other properties of the Local Union to their successor (including all e-mails history, passwords and data storage devices).

(Article B.3.3)

d) Secretary-Treasurer

The Secretary-Treasurer shall:

Receive all revenue, initiation fees, dues and assessments, keeping a record of each member’s payments, and deposit promptly all money with a bank or credit union.

Sign all cheques and ensure that the Local Union’s funds are used only as authorized or directed by the CUPE Constitution, Local Union bylaws, or vote of the membership. In consultation with the Executive Board, designate a signing Officer during prolonged absences.

Ensure that per capita tax is paid by direct remittance, or where per capita is not paid by direct remittance, prepare all CUPE National per capita tax forms and remit payment no later than the last day of the following month.

Be responsible for maintaining, organizing, safeguarding and keeping on file all supporting documents, authorizations, invoices and/or expense claims for every disbursement made, receipts for all money sent to CUPE National, as well as records and supporting documents for all income received by the Local Union.

Record all financial transactions in a manner acceptable to the Executive Board and in accordance with good accounting practices.

Make a full financial report to meetings of the Local Union’s Executive Board.

Make a written financial report to each regular membership meeting, detailing all income and expenditures for the period.

Prepare and present for approval to the membership, on behalf of the Executive Board, an annual budget at the last General Membership meeting of the year for the coming year.

Be bonded through the master bond held by CUPE National. Any Secretary-Treasurer who cannot qualify for the bond shall be disqualified from office.

Pay no money unless supported by a cheque requisition or expense form or request for payment duly signed by the President and one other member of the Executive Board as determined by the Executive Board. No request shall be required for payment of per capita fees to any organization to which the Local Union is affiliated.

Make all books available for inspection by the Trustees and/or auditors on reasonable notice. Ensure that the books are audited at least once each calendar year and within a reasonable time, respond in writing to any recommendations and concerns raised by the Trustees.

Provide the Trustees with any information the Trustees require to complete the audit, including forms provided by CUPE National.

Be empowered, with the approval of the membership, to employ necessary administrative assistance to be paid for out of the Local Union’s funds.

Notify all members who are one (1) month in arrears and report to the Executive Board all members two (2) or more months in arrears in the payment of Union dues.

Attend CUPE educational sessions to learn and improve their abilities to represent members in this capacity.

Make a written financial report to each regular membership meeting, detailing all income and expenditures for the period including book-offs and their purpose and cost.

Pay no money to any other members who have not submitted their expense form ninety (90) days after the month in which the expenses incurred.

Register members for conferences, conventions, education, training, and other related events that require a registration fee, hotel booking and/or per diem, in compliance with motions and directions of the membership.

On termination of office, surrender all books, seals and other properties of the Local Union to their successor (including all e-mails history, passwords and data storage devices).

(Articles B.3.4 to B.3.8)

e) Trustees

The Trustees shall:

Act as an auditing committee on behalf of the members and audit the books and accounts of the Secretary-Treasurer, the Recording Secretary, and the committees at least once every calendar year. The Trustees shall be provided with all minutes of the Executive Board and General Membership meetings for the period of the audit.

Make a written report of their findings to the first membership meeting following the completion of each audit. The Trustees shall make a detailed written report to the next regular meeting of the Local Union following the audit on the condition of the funds and accounts, and the general state of the Local Union along with any written recommendations and/or concerns they submitted to the President and Secretary-Treasurer and the Secretary-Treasurer’s written response.

Submit in writing to the President and Secretary-Treasurer any recommendations and/or concerns they feel should be reviewed in order to ensure that the Local Union’s funds, records, and accounts are being maintained by the Secretary-Treasurer in an organized, correct, and proper manner.

Be responsible to ensure that monies have not been paid out without proper constitutional or membership authorization.

Ensure that proper financial reports have been given to the membership.

Confirm that attendance at all Membership, Executive, and Committee meetings is being properly recorded.

Inspect at least once a year, any stocks, bonds, securities, office furniture and equipment, and titles or deeds to property that may at any time be owned by the Local Union and report their findings to the membership.

Attend CUPE educational sessions to learn and improve their abilities to represent members in this capacity.

Send to the National Secretary-Treasurer, with a copy to the assigned Servicing Representative, the following documents:

Completed Trustee Audit Program

Completed Trustees’ Report

Secretary-Treasurer Report to the Trustees

Recommendations made to the President and Secretary-Treasurer of the Local Union

Secretary-Treasurer’s response to recommendations

Concerns that have not been addressed by the Local Union Executive Board.

At the first election of Officers of the Local Union, the Trustees shall be elected so that one shall serve for a period of three (3) years, one for a period of two (2) years and one for a period of one (1) year. Each year thereafter the Local Union shall elect one Trustee for a three (3) year period or, in the case of vacancies occurring, elect Trustees to fill only the unexpired terms in order to preserve overlapping terms of office as per Article B.3.10 of the CUPE National Constitution.

If a qualified accountant or accounting firm is hired by the Local Union to audit its financial records, it must report as set out in Article B.3.12 of the National Constitution. The Trustees of the Local Union must still fulfill their duties to exercise general supervision over all property and assets of the Local Union as set out in Article B.3.10 and to make a written report to the membership as set out in Article B.3.12. The Secretary-Treasurer must still respond to any concerns or recommendations made in the audit.

The Trustees shall:

First and foremost, be answerable to the members and not the President or any other Officers.

Perform their duties independently and shall not in any way be under the control and/or supervision of the President or any Officer.

On termination of office, surrender all books, seals and other properties of the Local Union to their successor (including all e-mails history, passwords and data storage devices).

(Articles B.3.10 to B.3.12)

f) Lead Steward

The Lead Steward shall:

Call regular monthly meetings of Stewards.

Act as Chairperson of the Stewards meetings.

Ensure that all grievances are properly processed in accordance with the Collective Agreement.

Receive copies of all grievances, and work with the Recording Secretary to ensure the Local keeps secure records of all grievances, their status, and any associated documents.

Prepare a report on the status of all grievances to be submitted to the Executive Board, the National Representative, and at General Membership Meetings.

Correlate problems and recommendations in writing, to the Executive Board for consideration of the Bargaining Committee, and where the Executive Board deems it appropriate for the consideration of the worker members of the Labour Management Committee, Joint Health and Safety Committee, and any other relevant committee.

Assist the Executive as requested.

Attend CUPE educational sessions to learn and improve their abilities to represent members in this capacity.

On termination of office, surrender all books, seals and other properties of the local to his/her successor (including all e-mails history, passwords and data storage devices).

Health and Safety Chair

The Health and Safety Chair shall:

Function as Co-chair of the Joint Health and Safety committee and will obtain their designation as a certified member as per current Occupational Health & Safety Standards in the Province of Ontario.

Ensure, in consultation with the Executive Board, compliance with the applicable Occupational Health and Safety Legislation.

Assist in the necessary follow-up to accident reports including any assistance with modified work and other relevant Health and Safety records as appropriate.

Ensure Local Union Health & Safety Committee representatives are educated with respect to their responsibilities as defined within our Collective Agreement and fulfill their responsibilities to do inspections, these bylaws, Association Policies and current Occupational Health and Safety Legislation.

Convene and preside over as Chair of at least one meeting of all unionized Health and Safety Committee representatives per year.

Be responsible for reporting to the President issues and/or concerns that arise between meetings.

Be responsible for participating in workplace inspections or assigning a designate when not able to.

If any Health and Safety Committee representative misses one (1) round of inspections or is unable to complete their round(s), without valid reason, the Chair will bring that to the Executive Board to deal with for removal from the H&S Committee or temporary replacement.

If any Health and Safety representative misses three (3) consecutive Health and Safety meetings, without valid reason, the Chair will bring that to the Executive Board to deal with for removal from the H&S Committee or temporary replacement.

Keep up to date with current legislation, practices, and policies with respect to WSIB, Return to Work and the Duty to Accommodate.

Ensure the education of the Executive Board and the Membership at large on the issues of Injured Workers.

Membership & Communications Chair

The Membership & Communications Chair shall:

Be responsible for signing members in at all membership meetings.

Monitor the inner/virtual door at membership meetings and admit no one but members in good standing or Officers and officials of CUPE, except on the order of the President and with consent of the members present.

Maintain the Local’s website and other social media platforms. Work with the Recording Secretary to ensure that members receive regular updates and information from the Executive Board via various means of communication such as: email newsletters, website updates, union board posters, text message blasts, workplace outreach and phone calls.

Liaison with other Executive Board Members to develop factsheets on various topics as needed and create flyers and notices for all membership meetings and events. Approval from the President or designate is required before production and/or release to the membership.

Be responsible for and monitor all of the Local’s social media platforms including: Twitter, Facebook, etc. Approval from the President or designate is required before production and/or release to the membership.

Equity, Equality & Diversity Chair

The Equity, Equality & Diversity Chair shall:

In conjunction with the Executive Board develop and implement an integrated Equality agenda for the Local Union with an equity lens.

In conjunction with the Vice-President, utilize CUPE and community resources to educate the local membership on equity issues and human rights issues.

Prepare and submit to the Executive Board in November a costing of the committee needs for the year in order to assist with the annual budget preparation.

Maintain open communication with all members on equity issues and events. Coordinate and Chair all meetings of the Equality Committee of the Local and report monthly on the work, meetings, and action of the committee.

Sit on any special committees designed and developed which are relevant to the position.

Be the Local’s representative for any employer committees which are relevant to the position.

Additional Elected Positions

Stewards shall:

Assist members and provide direction with complaints and grievances.

Define, detect, prepare, and present grievances at initial level and be generally familiar with the Collective Agreement.

Immediately consult and/or update the Lead Steward of any potential or actual grievance issues as they arise.

Immediately report any contravention of the Collective Agreement to the Lead Steward.

Submit or present no grievance without consultation from the Lead Steward or designate in their absence.

Be mindful of both the Collective Agreement and legislative timelines in lodging complaints and/or grievances and respond to members inquiries within twenty-four (24) hours.

Should a Steward not be able to fulfill their duties in part or in whole, whether it be temporary or permanent, the Steward shall notify the Lead Steward immediately of their inability to continue in this capacity.

Submit all stewarding notes and members’ files to the Lead Steward within 7 days after the meeting or investigation.

Store all documentation related to grievances or member issues in a locked cabinet at the Local Union office, where required.

Attend all Steward Meetings. Should any Steward fail to answer the roll call for three (3) consecutive Steward meetings without having submitted good reasons for those failures, their position shall be declared vacant and shall be filled.

Endeavor to attend all membership meetings.

Promptly deliver keys, books, papers, or other property of this union in their possession to the Local Union at the end of their term.

Health & Safety Representatives shall:

Be elected by the membership at a Membership Meeting in compliance with the Occupational Health and Safety Act.

Be elected by a majority vote of those present for a three-year term. Every effort will be made to have representatives from different areas/departments of our workplaces. Once elected, representatives will decide amongst themselves, their participation on the committee, or subcommittees, which exist. Consensus will be attempted but if not possible then a majority voting system will be used.

Serve on the Health and Safety Committee, or such sub-committees, as they exist. Perform all functions of the committee or sub-committee; maintain accurate and complete records; maintain open communication with all unionized representatives and attend any unionized Health and Safety Committee meetings as may be scheduled from time to time.

Endeavor to attend all membership Meetings.

If any Health and Safety Representative misses one (1) round of inspections or is unable to complete their round(s), without valid reason, the Chair will bring that to the Executive Board to deal with removal from the H&S Committee or temporary replacement.

If any Health and Safety Representative misses three (3) consecutive Health and Safety meetings, without valid reason, the Chair will bring that to the Executive Board to deal with removal from the H&S Committee or temporary replacement.

Promptly deliver keys, books, papers, or other property of this union in their possession to the Local Union at the end of their term.

SECTION 10 – NOMINATION, ELECTION AND INSTALLATION OF OFFICERS

a) Nominations

Nominations will be received at the general membership meeting held in the month of May for the applicable position(s) every three (3) years.

To be eligible for nomination, the nominee must have been accepted into membership and continue to be a member in good standing.

(Articles B.8.1, B.8.2 and B.8.3)

Nominations, including self-nominations, will be accepted from members in attendance at the nomination meeting or from those members who have allowed their name to be filed in writing at the meeting, witnessed by another member, specifying the position desired. Members who accept nomination will be allowed up to five (5) minutes to address the members present. The speaking time limits may be amended by the Chair with consent of the members.

A member may accept nomination for a position while holding office in any position. If successful in the election, their resignation from their current position will take effect at the time they are installed in their new position.

No member will be eligible for nomination if they are in arrears of dues and/or assessments.

No member can be on the ballots for more than one position.

b) Elections

At a membership meeting, at least three (3) weeks prior to Election Day, the President will, subject to the approval of the members present, appoint an Elections Committee consisting of an Election Officer and two (2) assistants. The Election Officer will appoint polling clerks, who are not Officers or candidates for office, to work in shifts to ensure that two people staff the voting location(s) on Election Day at all times. The committee will include members of the Local Union who are neither Officers nor candidates for office. The Elections Committee shall have full responsibility for voting arrangements and shall treat information submitted to it, in connection with its responsibilities, as confidential. The National Representative assigned to the Local Union shall serve as an advisor to the committee when requested by the Local Union.

The Elections Committee will determine the form of the ballot and ensure that sufficient quantities are made available in good time to the Election Officer.

The Election Officer will be responsible for issuing, collecting, and counting ballots. The Election Officer must be fair and impartial and see that all arrangements are unquestionably democratic.

The voting will take place on the premises (or nearby if the Employer does not agree) of the Employer. There will be a voting location for each work site that is more than a fifteen (15) minute drive from another worksite, and at which more than 10 members work. Members must vote at the voting location associated with their worksite. The Election Officer will assign voting locations to members who work at multiple worksites.

The vote will be by secret ballot no later than one month from the date of nominations. Voting will occur from 7:00 a.m. to 7:30 p.m.

At the end of the voting period the ballot box will be sealed and transported to the counting location under the supervision of the Election Officer or an Assistant, and a polling clerk. Upon request, a candidate’s scrutineer may also witness the sealing and transportation of the ballot box. All witnesses to the sealing may sign a piece of tape placed in such a manner that it would break if the ballot box is opened.

Each candidate has the right to choose a scrutineer to be present at the counting of ballots for the position in which they are candidates. One (1) scrutineer per candidate. If there are not at least two (2) scrutineers, the Election Officer will arrange for two members to witness the counting of the vote to ensure the count is accurate. Scrutineers or witnesses may not be candidates for office.

The candidate with the most votes will be declared elected. In the event of a tie, another vote for that position will be scheduled.

When two or more nominees are to be elected to any office by ballot, each member voting will be required to vote for the full number of candidates to be elected or the member’s ballot will be declared spoiled.

(Article 11.4)

Any member may request a recount of the votes for any election and a recount will be conducted if the request is supported, in a vote, by at least the number of members equal to the quorum for a membership meeting as set out in Section 6(c).

All election complaints by members will be submitted in writing to the Election Officer as soon as possible but in no circumstance, will a complaint be valid if it is filed later than seven (7) days after the election. The Election Officer in conjunction with the Elections Committee will investigate the complaint and issue a ruling as soon as practical and report the ruling to the very next regular membership meeting.

After the count the Election Officer will keep the ballots in a secure location until after their report at the next General Membership Meeting, at which time they will make a motion to destroy the ballots, or after all complaints have been settled, whichever is later.

c) Installation of Officers

All duly elected Officers shall be installed at the time the Election Officer announces the election results, and will take their Oath of Office in the presence of the Election Officer.

They shall continue in office for three (3) year(s) or until a successor has been elected and installed, provided, however, that no term of office shall be less than one year and no longer than three (3) years.

(Article B.2.4)

The terms of office for Trustees shall be so that one serves for a period of three (3) years, one for two (2) years, and one for one (1) year, as laid down in Article B.2.4 of the CUPE National Constitution. Each year thereafter, the Local Union shall elect one Trustee for a three (3) year period while others of previous years go down in years of service. No member who has been a signing Officer for the Local Union is eligible to run for Trustee, until at least one (1) full term of office has elapsed.

The Oath of Office to be read by the newly elected Officers is:

“I, _______________________, promise to perform the duties of my office, as set out in the Constitution and laws of the Canadian Union of Public Employees, faithfully and to the best of my ability for my term of office. As an Officer of the Union, I will always promote the harmony and dignity of its sessions by counsel and example. I also promise to turn over all property of the Union to my successor at the end of my term.”

(Article 10.7 b)

d) By-elections

Should an office fall vacant for any reason, the resulting by-election should be conducted as closely as possible in conformity with this section. The term of office for any position filled through a by-election will be the term that the vacated position was initially elected to fulfill.

If the remaining term is greater than six (6) months, the by-election nominations will occur within thirty (30) days of the office falling vacant.

If the remaining term is less than six (6) months, the executive board may call a by-election, or appoint a steward or past trustee to the position or leave the position vacant until the end of the of term.

SECTION 11 – FEES, DUES AND ASSESSMENTS

Initiation Fee

There will be no initiation fee. Each application for membership in the Local Union will be directed to the Secretary-Treasurer. The Secretary-Treasurer shall issue a receipt.

(Articles B.4.1 and B.8.2)

Readmission Fee

There will be no readmission fee.

(Article B.4.1)

Monthly Dues

The monthly dues shall be two percent (2%) of regular wages.

(Article B.4.3)

Amending Monthly Dues

The regular monthly dues may be amended at a regular or special membership meeting. The vote must be held in a way that ensures that each persons’ vote is confidential. Notice of at least seven (7) days at a previous meeting or sixty (60) days in writing must be given.

(Article B.4.3)

Assessments

Assessments may be levied in accordance with the CUPE Constitution. Assessments do not mean or include regular monthly dues and are applied for a specific purpose or specific length of time. Membership approval is required, and the assessment will only be applied after the National President approves the assessment.

(Article B.4.2)

SECTION 12 – NON-PAYMENT OF DUES AND ASSESSMENTS

A member who fails to pay dues and assessments for three (3) months is automatically suspended from membership. The suspension will be reported to the Executive Board by the Secretary-Treasurer. The Executive Board will report all suspensions to the next membership meeting. The member may return to membership in good standing by paying a readmission fee and any other penalty set by the Local Union. The readmission fee cannot be less than the initiation fee of the Local Union.

Members who are not receiving wages but are still members of the bargaining unit, or whose status in the bargaining unit is the subject of a grievance, do not owe any dues.

(Article B.8.6)

SECTION 13 – EXPENDITURES

a) Payment of Local Union Funds

Funds can only be spent for valid purposes of the Local Union under the following circumstances:

When the expenditure is authorized by a budget approved by a majority of members present and voting at a general or special membership meeting;

When these bylaws approve the expenditure; or

Through a vote of the majority of members present and voting at a general or special membership meeting.

(Article B.4.4)

Funds cannot be divided among individual members. All monetary gifts to members, including gift cards, are inappropriate expenditures. Fundraising prizes and retirement gifts should be non-monetary items, gifts of sympathy can include donations to a cause or charity by the Local.

b) Payment of Per Capita Tax and Affiliation Fees

Authorization to pay per capita tax to CUPE National, to CUPE Ontario Provincial Division, or any labour organization the Local Union is affiliated with, is not required.

c) Payment of Local Union Funds to Members or Causes Outside of CUPE

In the case of a grant or a contribution to a member(s) or a cause(s) outside of CUPE greater than three hundred dollars ($300), a notice of motion must be posted in writing, or made at a membership meeting and then approved at a membership meeting that occurs at least seven (7) days after the notice before the grant or contribution can be paid out.

d) No Officer or member of Local 3651 will be allowed to spend any Local Union funds without first having received authorization under Section 13 a) of these bylaws.
e) When an Officer, Steward, Committee member or other appointed representative of the Local Union needs to use their personal vehicle to attend Union business, a Kilometer allowance for the distance travelled shall be paid as per the annual Canada Revenue Agency rate considered reasonable, as amended each year on the CRA website.
f) When an Officer, Steward, Committee member or other appointed representative of the local Union needs to use public transit to attend Union business, the cost of such transit usage shall be reimbursed when receipt is provided.
g) Expenditures must be supported by receipt that is verifiable – as such, must have following information:

Date of purchase
Name and address of the seller or supplier
Name of the buyer
The full description of the goods or services
The vendor’s business number

SECTION 14 – HONORARIUM

Local Union Officers and committee members shall be provided honorarium as follows. No person will receive two honoraria.

President, Vice-President, and Lead Steward	Three hundred dollars ($300) per month
Secretary-Treasurer and Recording Secretary	Two hundred dollars ($200) per month
Shop Steward	One hundred dollars ($100) per month
Committee Chair	One hundred dollars ($100) per month

SECTION 15 – DELEGATES TO CONFERENCES, CONVENTIONS AND EDUCATIONALS

Except for the President’s option [Section 9 a)], all delegates to conventions, conferences, and educationals shall be chosen by election at membership meetings. Except, all Officers, Stewards, Committee members, and other members with union duties, will receive the training necessary to carry out their duties, without requiring a vote of the membership.

All delegates to conventions, conferences, councils and educationals must be members in good standing as per the CUPE National Constitution Article B.8.2.

Delegates to the Greater Toronto Area District CUPE Council shall be elected annually. A member responsible for reporting back to the Local Union membership shall be appointed by the President from among these delegates, and the member appointed shall make a written report at each Local Union membership meeting on proceedings at recent meetings of the Council. The Local Union will reimburse the member’s employer for any loss of wages.

All delegates attending conventions, conferences, or educationals held outside the City of Markham shall be paid transportation expenses for the most affordable and reasonable means of travel as determined by the Secretary-Treasurer, and a per diem allowance of one hundred and twenty dollars ($120) for meals and expenses. The Local Union will reimburse the member’s employer for any loss of wages.

Transportation expenses will include the costs of travelling to and from the airport, train station or bus station. Daily transportation from a hotel to the event is covered by the per-diem and will not be reimbursed. Daily transportation from a member’s home to an event outside the City of Markham will be reimbursed for the most affordable and reasonable means of travel as determined by the Secretary-Treasurer. If the member is driving, parking will be reimbursed.

Delegates to conventions, conferences, and educationals held locally shall have no travel allowance. There shall be a per diem allowance of sixty dollars ($60) for meals and expenses incurred by attendance at the convention, conference or educational. The Local Union will reimburse the member’s employer for any loss of wages.

Local 3651 will provide members with their per diem allowance prior to their attending the convention, conference, or educational. Should the member not be able to attend the convention, conference or educational they shall pay back the per diem allowance that was advanced to them.

Local 3651 encourages the participation of women and all equity-seeking groups in their delegation to conventions, conferences, and educationals.

In the event of a lack of quorum at a Membership Meeting where delegates were to be elected and timelines for registration of delegates dictates immediacy, the matter shall be referred to the Executive Board for appointment of the delegates. The number of delegates that will be registered in this circumstance, will be limited to the number of voting delegates allowed by the governing Constitution and no alternates will be registered. For conferences where there are no voting limits the maximum number of delegates will be six (6). The Executive Board shall take into consideration any eligible member who has voiced an interest in representing the local at any such event.

If delegates to conventions, conferences, and educationals must take leave from scheduled shifts that would have incurred shift or weekend premiums the Local will ask the employer to pay the member those premium amounts and will reimburse the employer. If the employer will not pay out the premium amounts, the Local will increase the member’s per diem by an equivalent amount so they will suffer no financial loss for union participation.

SECTION 16 – COMMITTEES

Members shall attend all Committee Meetings. Should any committee member fail to answer the roll call for three (3) consecutive committee meetings without having submitted good reasons for those failures, their office shall be declared vacant and shall be filled in accordance with these bylaws as soon as possible.

All committee members shall endeavour to attend all membership meetings.

All committee members shall promptly deliver keys, books, papers, or other property of this Union in their possession to the Local Union at the end of their term.

Special Committees

A special committee may be established for a specified purpose and a specified period of time by the membership at a meeting. The members shall be elected at a membership meeting, or may, by specific authorization of the membership, be appointed by the President or the Executive Board. Two members of the Board may sit on any special committee as ex-officio members.

Bargaining Committee

There will be a bargaining committee for each bargaining unit.

This will be a special committee established at least five (5) months prior to the expiry of the bargaining unit’s collective agreement and automatically disbanded when a new collective agreement has been signed.

The function of each committee is to consult the membership by survey, prepare collective bargaining proposals and to negotiate a collective agreement.

Each committee shall consist of the President, another Executive Board member selected by the Executive Board, and 4 other members elected at a Bargaining Unit Meeting for each bargaining unit. Two alternates will be elected for each committee to fill any vacancies, will participate with voice but no vote in all preparation meetings and will be kept up to date on all negotiation meetings with the employer.

The National Representative assigned to the Local Union shall be a non-voting member of each committee and shall be consulted at all stages from formulating proposals, through negotiations, to contract ratification by the membership.

All committee members including alternates shall attend CUPE’s training for Bargaining.

Permanent Committees

The Chairperson of each permanent committee will be elected by the members in accordance with Section 10 of these bylaws with the exception of the Grievance Committee. Permanent committees will have a term of three (3) years. Where it is necessary for the effective functioning of the committee the Executive Board may remove a committee Chairperson from their role. Nominations to fill the vacancy will be held at the next membership meeting. The Executive Board may appoint an interim chair until the election process is complete.

The Chairperson with the approval of the Executive Board will appoint other members to serve on a committee. Committees will provide written reports to each regular membership meeting. The Vice-President shall be a member, ex-officio, of each committee.

There shall be two (2) permanent committees as follows:

Health and Safety Committee

This committee will:

Work to educate members on the importance of workplace health and safety.

Prepare and present reports to the regular membership meetings.

Organize an April 28th Day of Mourning ceremony each year.

Participate on the Joint Worksite Health and Safety Committees (JWH&SC) at their workplace.

Ensure that the worker representatives on the JWH&SC meet separately from the employer to prepare for meetings with the employer.

Promote safe work procedures and environments to prevent illness and injury as a result of workplace factors.

Immediately bring to the attention of the employer any workplace hazard that has the potential to cause members’ illness or injury.

Work to eliminate all workplace hazards, be they physical, environmental, or social.

Members of this committee should be designated as a “Certified Worker Representative” in accordance with the legislation in their respective jurisdictions (provincial, federal).

The Health and Safety Chair will be the Chairperson.

The Chairperson, with approval of the President, will appoint the worker members of the JWH&SC. The Chairperson may appeal a decision of the President to the Executive Board.

The committee members will be the Chairperson, the worker members of the JWH&SC and an alternate for each work area represented on the JWH&SC.

The committee shall appoint its secretary from among its members.

Grievance Committee

When a grievor appeals the decision of the Executive Board on their grievance the appeal will be heard and decided by the Grievance Committee.

The Grievance Committee members will be the Lead Steward, the President, and all stewards.

The Lead Steward will be the Chairperson.

The committee will appoint its secretary from among its members.

Quorum for the Grievance Committee will be the Lead Steward or President plus five (5) Stewards.

The Lead Steward will ensure the grievance is not abandoned during the appeal process.

The Grievance Committee in these bylaws is not the same as the Grievance Committee referenced in the Collective Agreement.

The National Representative assigned to the Local Union shall be a non-voting member of the committee and shall be consulted at all stages.

Social Committee:

The Membership and Communications Chair will be the Chairperson.

The committee members will be the Chairperson and 4 members, and may appoint a secretary-treasurer and recording secretary from among its members.

This committee will:

Arrange and conduct all social, cultural, and recreational activities of the Local Union, either on the committee’s own initiative or because of decisions taken at membership meetings. The committee shall submit reports and proposals to the Executive Board or to the membership as required.

Where members volunteer the information, acknowledge significant life events for members of the local such as retirements, major illnesses, births, and deaths.

A budget for the committee will be set in the annual budget, but other than that all social, cultural, and recreational events and activities will be self-supporting.

Equity, Equality and Diversity Committee

The committee Chairperson will be the Equity, Equality and Diversity Chair.

The Committee will consist of the Chairperson and four (4) other members.

Committee members should be from different equity seeking groups of our membership.

The Committee will decide from among themselves a secretary, who will take minutes of all meetings of the committee.

The purpose of this committee is to advise and give guidance to Officers, other committees and the general membership on all issues that affect all equity-seeking groups, including racialized people, Aboriginals, lesbian, gay, bisexual and transgendered workers in the workplace and the union movement.

This committee will endeavour to raise equity issues and recommend actions that will create an inclusive, diverse, equitable working environment for members. This committee will also endeavour to celebrate and acknowledge the cultural diversity which exists among the membership.

Promote and support the active participation and leadership of equity-seeking workers in the Local Union and the broader labour movement.

Strive to eliminate racism and discrimination in the workplace, Local Union, broader labour movement, and society through education and participation in human rights and anti-racism activities both in and outside of the labour movement.

Perform all functions of the committee and every three (3) months submit one article to the Executive Board that addresses equity issues, for inclusion in the Local’s communications to members.

SECTION 17 – COMPLAINTS AND TRIALS

All charges against members or Officers must be made in writing and dealt with in accordance with the Trial Procedure provisions of the CUPE National Constitution.

(Articles B.11.1 to B.11.5)

SECTION 18 – RULES OF ORDER

All meetings of the Local Union will be conducted in accordance with the basic principles of Canadian parliamentary procedure. Some of the more important rules to ensure free and fair debate are appended to these bylaws as Appendix C. These rules shall be considered as an integral part of the bylaws and may be amended only by the same procedure used to amend the bylaws.

In situations not covered by Appendix C to these bylaws, the CUPE National Constitution may provide guidance, but, if the situation is not dealt with there, Bourinot’s Rules of Order shall be consulted and applied.

SECTION 19 – AMENDMENTS

CUPE Constitution

These bylaws are always subordinate to the CUPE Constitution (including Appendix B) as it now exists or may be amended from time to time, and in the event of any conflict between these bylaws and the CUPE Constitution, the latter shall govern. The National President has the sole authority to interpret the CUPE Constitution.

(Articles 9.2(c), 13.3 and B.5.1)

b) Additional Bylaws

A Local Union can amend or add to its bylaws only if:

The amended or additional bylaws do not conflict with the CUPE Constitution;

The amended or additional bylaws are approved by majority vote at a regular membership meeting or at a special membership meeting called for that purpose; and

Notice of the intention to propose the amended or additional bylaws was given at least seven (7) days before at a previous membership meeting or sixty (60) days before in writing.

(Articles 13.3 and B.5.1)

c) Effective Date of Amended or Additional Bylaws

The amended or additional bylaws do not come into effect until they have been approved in writing by the National President. The National President will decide

whether to approve the amended or additional bylaws within ninety (90) days of receiving them and will withhold approval only where they conflict with the CUPE Constitution.

(Articles 13.3 and B.5.1)

SECTION 20 – PRINTING AND DISTRIBUTION OF BYLAWS

Members will receive a copy of Local 3651 bylaws in paper format distributed at general membership meetings or on request. Members with special needs may request a copy of the bylaws in larger font.

APPENDIX ‘A’

CUPE NATIONAL UPDATED EQUALITY STATEMENT

Union solidarity is based on the principle that union members are equal and deserve mutual respect at all levels. Any behaviour that creates conflict prevents us from working together to strengthen our union.

As unionists, mutual respect, cooperation, and understanding are our goals. We should neither condone nor tolerate behaviour that undermines the dignity or self-esteem of any individual or creates an intimidating, hostile, or offensive environment.

Discriminatory speech or conduct which is racist, sexist, transphobic, or homophobic hurts and thereby divides us. So too does discrimination on the basis of ability, age, class, religion and ethnic origin.

Sometimes discrimination takes the form of harassment. Harassment means using real or perceived power to abuse, devalue, or humiliate. Harassment should not be treated as a joke. The uneasiness and resentment that it creates are not feelings that help us grow as a union.

Discrimination and harassment focus on characteristics that make us different; and they reduce our capacity to work together on shared concerns such as decent wages, safe working conditions, and justice in the workplace, society, and in our union.

CUPE’s policies and practices must reflect our commitment to equality. Members, staff, and elected officers must be mindful that all persons deserve dignity, equality, and respect.

APPENDIX ‘B’

CODE OF CONDUCT

The mandate of our union, the Canadian Union of Public Employees (CUPE), is to organize and defend workers and to promote economic and social justice for our members and for all workers. In carrying out our work, we in CUPE strive to promote our core values which include the principles of solidarity, equality, democracy, integrity, and respect. We are committed to mobilizing our energy and skills to work together to promote these values and to attain these goals in our union, our communities, and globally.

CUPE is committed at all levels to creating a union which is inclusive, welcoming, and free from harassment, discrimination and all types of bullying and intimidation. CUPE needs to ensure that we provide a safe environment for members, staff and elected officers to carry out our work. CUPE’s expectation is that mutual respect, understanding and co-operation will be the basis of all our interaction.

The Code of Conduct sets out standards of behaviour for participants at national convention, national conferences, schools, meetings, and all other events organized by CUPE National. It is also applicable to structures of CUPE – locals, Provincial and Service Divisions, District Councils, Provincial Unions, Councils of Unions, Provincial Councils of Unions, and Provincial Sectoral Groups. It is consistent with the expectations outlined in the Equality Statement and the CUPE National Constitution.

This Code of Conduct is intended to deal with complaints of inappropriate behaviour at events organized by CUPE National. It does not apply to complaints arising in the workplace, as those are dealt with through the grievance procedure and/or the applicable workplace harassment policy.

As CUPE members, staff, and elected officers, we commit to one another and to the union to be governed by the principles of the Code of Conduct and agree to:

Abide by the provisions of the Equality Statement.
Respect the views of others, even when we disagree.
Recognize and value individual differences.
Communicate openly.
Support and encourage each other.
Make sure that we do not harass or discriminate against each other.
Commit to not engaging in offensive comment or conduct.

Make sure that we do not act in ways that are aggressive, bullying, or intimidating.
Take responsibility for not engaging in inappropriate behaviour due to use of alcohol or other drugs while participating in union activities, including social events.

Harassment is objectionable behaviour which may include actions, language, gestures, and/or written material, and which the harasser knows or ought reasonably to know is abusive and unwelcome. Bullying is a form of harassment which is serious ongoing behaviour which targets an individual or group and which threatens that person or persons’ mental and/or physical well-being.

A complaint regarding the Code of Conduct will be handled as follows:

If possible, a member may attempt to deal directly with the person alleged to have engaged in behaviour contrary to the Code, by asking them to stop such behaviour. If that is not possible, or if it does not resolve the problem, a member may bring forward a complaint.

At national convention, national conferences, schools, meetings, and all other events organized by CUPE National, a complaint shall be brought to the attention of an ombudsperson.

At a meeting, event, or activity held by a structure of CUPE, should an ombudsperson be available, the same process would be used. Should an ombudsperson not be available, a person properly appointed and designated to be in charge shall receive the complaint.

If the complaint involves a staff member, it shall be referred to the appropriate director for investigation and the complaint shall be dealt with in accordance with the applicable staff collective agreement. If the complaint involves a staff member employed by another part of CUPE, the person responsible for their employment will be the one to whom a complaint is referred and the relevant collective agreement, should it exist, would be applicable.

Once a complaint is received where an ombudsperson is being used, the ombudsperson will work to seek a resolution.

If this fails to resolve the matter, the ombudsperson shall report the matter to the person in charge, who shall determine whether there is need to remove the member. The person in charge has the authority to expel members from the event for serious or persistent offenses.

At CUPE National events where an ombudsperson is not available, a person properly appointed and designated to be in charge shall receive the complaint. Depending on the nature of the problem, the person in charge may attempt to resolve it through conflict resolution. If this fails to resolve the matter, the person in charge shall determine whether there is a need to remove the member. The person in charge has the authority to expel members from the event for serious or persistent offenses. The same process is to be used for other parts of CUPE where an ombudsperson is not available.

For National events, if the person in charge is a party to the complaint, the director or designate shall assume that role. For all other parts of CUPE, an alternate will be designated to assume the role.

In a case where a member has been expelled from an event, the National President shall receive a report on the matter. For all other structures of CUPE, the presiding officer shall receive a report on the matter.

For events organized by CUPE National, the National President shall determine if further remedial action is appropriate, including restricting a member’s participation in future events organized by CUPE National. A similar process may be applicable to the other parts of CUPE, done in consultation with the National President.

This Code of Conduct is designed to create a safe, respectful and supportive environment within all parts of CUPE. It is meant to enhance the rights and obligations outlined in the CUPE National Constitution, the Equality Statement, and applicable human rights legislation, not replace them.

All chartered organizations are subject to this Code of Conduct, to apply to conventions, conferences, schools, and meetings which they organize.

APPENDIX ‘C’

RULES OF ORDER

The President will be the Chairperson at all membership meetings. In the absence of the President, the Vice-President will be the Chairperson at the membership meeting. In the absence of the President and Vice-President, the Recording Secretary will be the Chairperson at the membership meeting. In the absence of the President, Vice-President and Recording Secretary, members at the membership meeting will select a Chairperson by majority vote. Quorum rules must be met.

Members are not allowed to speak about an issue for more than five minutes. Members can only speak to an issue once unless there is agreement by the members at a meeting, or where all those wishing to speak have had the opportunity to speak.

The Chairperson of a committee who is making a report or the mover of a motion may speak for up to fifteen minutes. With the agreement of the members present, the fifteen minutes may be expanded.

The Chairperson will state every motion presented at a membership meeting before allowing debate on the motion. Before putting a motion to a vote, the Chairperson will ask: “Is the Local ready for the motion?” If no member rises to speak, the motion will be voted upon.

A motion must be moved and seconded. The mover and seconder must rise and be recognized by the Chairperson.

A motion to amend a motion, or a motion to amend an amendment are allowed, however a motion to amend an amendment to an amendment is not allowed.

An amendment to a motion or an amendment to an amendment to a motion that is a direct negative to the main motion is never permitted.

On motion, the regular order of business at a membership meeting may be suspended where two-thirds of those present vote to do so. The regular order of business should only be suspended to deal with urgent business.

Motions other than those named in Rule 19, or motions to accept or adopt the report of a committee, will, if requested by the Chairperson, be put in writing prior to beginning debate and vote.

At the request of a member, and upon a majority vote, a motion which contains more than one action or issue can be divided.

The mover of a motion can withdraw the motion upon the consent of the seconder prior to the end of debate. Once debate has ended on a motion, the motion can only be withdrawn upon unanimous vote of the members present.

A member who wishes to speak on a motion, or a member who wishes to move a motion, shall rise and respectfully address the Chairperson. The member shall not proceed until the member is recognized by the Chairperson except where the member rises to a point of order or on a question of privilege.

The Chairperson will keep a speakers list and, in all cases, will determine the order of speakers including those circumstances where two or more members rise to speak at the same time.

A member, while speaking, will speak only to the issue under debate. Members shall not personally attack other members. Members will refrain from using language that is offensive or in poor taste. Members will generally not speak in a manner that reflects poorly on the Local Union or other members.

A member that is called to order will stop speaking until the point of order is determined. If it is decided that the member is in order, then the member may continue speaking.

Religious discussion of any kind is not permitted.

The Chairperson will not take part in any debate. Where the Chairperson wishes to speak on a resolution or motion, or where the Chairperson wishes to move a motion, the Chairperson must rise from the chair and hand the chair over as outlined in Rule #1.

The Chairperson will have the same right to vote as other members. In the case of a tie vote, the Chairperson may cast another vote or the Chairperson may refrain from casting an additional vote, in which case the motion is defeated.

When a motion is before the members, no other motion is in order except a motion to 1) adjourn; 2) put the previous question; 3) lay on the table; 4) postpone for a definite time; 5) refer; or 6) divide or amend. These six (6) motions shall have precedence in the order indicated. Motions one (1) through three (3) shall be decided without debate.

The Chairperson will ask “Will the main question be now put?” where a motion for the previous question is moved and seconded. If approved, the Chairperson will then take votes on the motion and amendments to the motion (if any) in order of priority. If an amendment or an amendment to an amendment is approved, then members will be asked to vote on the motion as amended.

A motion to adjourn is in order except when a member is speaking or when members are voting.

A motion to adjourn, if lost, is not in order if there is further business before the Local Union, until fifteen minutes have elapsed.

After the Chairperson declares the vote results on a question, and before the Local Union proceeds to another order of business, any member can ask for a division. A standing vote on the division will be taken and the Recording Secretary will count the standing vote.

If a member wishes to appeal a decision of the Chairperson, the member must appeal at the time the decision is made. If the appeal is seconded, the member will be asked to state briefly the basis for the appeal. The Chairperson will then state briefly the reasons for the decision. Following immediately and without debate, the Chairperson will ask, “Will the decision of the chair be upheld?” A majority vote shall decide. In the event of a tie vote, the decision of the chair is upheld.

At a membership meeting where a question has been decided any two members who voted with the majority can give notice of a motion to reconsider a decision of the membership at the next membership meeting. The motion to reconsider requires the support of a two-thirds (2/3) majority of members who vote. If two-thirds (2/3) majority of members support reconsideration, the question will be placed in front of the membership for debate and a subsequent vote.

Members are allowed to leave a meeting with the permission of the Vice-President; however, in no case will a member leave during the reading of minutes, the initiation of new members, the installation of Officers, or the taking of a vote.

The Local Union’s business and the proceedings of meetings are not to be divulged to any persons outside the Local Union, or the Canadian Union of Public Employees.