YOU are the Union!
A few "Do's" and
"Don'ts" calculated to test the sincerity of We who are the Union-;
YOU SHOULD Study the Constitution.
YOU SHOULD Study the By-Laws.
YOU SHOULD Study the Agreement.
YOU SHOULD Attend as many meetings as possible.
YOU SHOULD Get acquainted with the Steward in
your Department.
YOU SHOULD Learn the difference between a
legitimate grievance and a complaint whether such be frivolous or well-founded.
YOU SHOULD Memorize the Order of Business and
follow it when attending meetings (when in doubt ask for guidance of the
Chair.)
YOU SHOULD Think before you vote.
YOU SHOULDN'T Say "Why doesn't the Union...........?"
instead of "Why don't
we.............?"
YOU SHOULDN'T Stay away from meetings and grip about
"unwise" decisions afterwards.
YOU SHOULDN'T Go "Over the Head" of YOUR
Steward.
YOU SHOULDN'T Think that if things are not to YOUR liking
there just isn't anything YOU as an individual can do about it.
YOU SHOULDN'T Believe the Union is not vitally important to YOU.
Next to YOUR home and family, the Union is YOUR most important interest.
YOU SHOULDN'T Hesitate to bring to the attention of the
meeting YOUR problems; they are the Union's problems too.
YOU SHOULDN'T Leave this booklet at home - Carry it at
all times.
In order to improve and maintain the social and
economic welfare of its members without regard to sex, colour, creed, sexual
orientation, nationality, martial status, political belief, age or disability
to improve efficiency in public employment and to manifest its belief in
the value of the unity of organized labour, Local 40 of the Canadian Union of
Public Employees (hereinafter referred to as CUPE 40) has been formed.
The following By-laws are adopted by CUPE
Local 40 to follow and to supplement, the CUPE National Constitution and its' Appendices,
to protect the rights of all members, to provide for responsible administration
of the Local, and to involve as many members as possible through the sharing of
duties and responsibilities.
ANY CONFLICT BETWEEN THESE BY-LAWS AND THE CUPE CONSTITUTION, THE LATTER
SHALL GOVERN. CONSTITUTIONAL INTERPRETATIONS, INCLUDING DETERMINATION OF
CONFLICT, IS THE PREROGATIVE OF THE NATIONAL PRESIDENT.
1.1 The name of this Local shall be:
Canadian Union of Public Employees, Local 40
2.1 The
objectives of the Local are to:
(a) Support CUPE in reaching the goals set
out in Article II - OBJECTIVES of the CUPE Constitution.
(b) Improvement of the wages, safety,
benefits, working conditions, hours of work, job security and other conditions
affecting workers.
(c) Advance the social, economic and general
welfare of members.
(d) Provide an opportunity for its members
to influence and shape their future through free democratic trade unionism.
(e) Encourage the settlement by negotiation
and mediation of all disputes between the members and the Employer.
(f) To
promote the development of social affairs among the members of the Union.
(g) Resist
and fight all attempts to reduce membership levels.
(h) Promote
the harmony and preserve the dignity of the Union.
(i) Encourage
members to attend Union meetings.
(j) Work for the elimination of sexual,
personal and racial harassment and harassment based on sexual orientation,
wherever it exists.
(k) Work
for the elimination of violence in the work place.
3.1 Masculine pronouns shall be understood to
include the feminine gender, and shall be interpreted as gender neutral.
3.2 Relevant Articles of the CUPE
Constitution should be read in conjunction with these By-Laws.
3.3 National Office refers to CUPE
Headquarters, Ottawa, and the abbreviation "CUPE" is always used with a National
connotation, unless stated otherwise.
4.1 All meetings of the Local shall be conducted
in accordance with the basic principles of the Canadian parliamentary
procedure. Some of the more important rules, to ensure free and fair debate are
appended to the By-Laws. These rules shall be considered as an integral part of
the By-Laws and be amended only by the same procedure used to amend the
By-Laws.
4.2 In situations not covered in these
By-Laws, the National CUPE Constitution may provide guidance but, if the
situation is not dealt with there, Bourinot's Rules of Order shall be consulted
and applied.
(a) The President, or in his absence, the
Vice President, shall PRESIDE AT ALL MEMBERSHIP AND EXECUTIVE BOARD MEETINGS AND TO PRESERVE ORDER. In the absence
of both the President and Vice President, the Recording Secretary shall act as
President, and in his absence the Local membership shall choose a President
Pro-tem.
(b) No member except the Chairperson of a
committee making a report or the mover of a resolution, shall speak more than
five minutes, or more than once on the same question without the consent of the
meeting or until all who wish to speak have had an opportunity. Chairman and
movers of a resolution shall be limited to five minutes, except with the
consent of the meeting. This can be waived by a Motion of Membership for special
occasions.
(c) Members who will exceed the five minute
time limit due to their Reports importance must seek the permission of the
President, or designate, prior to the General Membership Meeting for permission
to exceed the five minute limit. The President, or designate will announce at
the start of the General Membership Meeting, those Reports that will exceed
five minutes.
(d) The President shall state every question
coming before the Local, and before allowing debate thereon, and again
immediately before putting it to a vote and shall ask: "Is the Local ready
for the question?" Should no member rise and speak, the question shall
then be put.
(e) A motion to be entertained by the
presiding officer must be moved and seconded; both mover and seconder must rise
and be recognized by the chair.
(f) A motion to amend, or to amend an
amendment, shall be in order, but no motion to amend an amendment to an
amendment shall be permitted. No amendment, or amendment to an amendment, which
is a direct negative of the resolution shall be in order.
(g) On motion, the regular order of business
may be suspended, by a two-third vote of those present, to deal with any urgent
business.
(h) All resolutions and motions, other than
those named in Subsection (q), or those to accept or adopt the report of a
committee, shall, if requested by the presiding officer, be presented in
writing before being put to the Local.
(i) At the request of any member, and upon
a majority vote of those present, a question may be divided, when the sense
will admit of it.
(j) Any member having made a motion can
withdraw it with the consent of the seconder, except that any motion, once
debated, cannot be withdrawn except by a majority vote of those present.
(k) When a member wishes to speak on a
question or to make a motion, they shall proceed to the microphone and
respectfully address the presiding officer, but except to state that they rise
to a point of order or on a question of privilege, they shall not proceed
further until recognized by the chair.
(l) When two or more members rise to speak
at the same time, the presiding officer shall decide which one is entitled to
the floor.
(m) Every member, while speaking, shall
adhere to the question, under debate and avoid all personal, indecorous, or
offensive language, as well as any poor reflection on the Local or members
thereof.
(n) If a member, while speaking, is called
to order, he shall cease speaking until the order is determined, if it is
decided they are in order, they may again proceed.
(o) No religious discussion shall be
permitted.
(p) The President shall take no part in
debate while presiding, but may yield the chair to the Vice President, in order
to speak on any question before the Local, or to introduce a new question.
(q) The presiding officer shall have the
same rights as other members on any question. In case of a tie, he may in
addition give a casting vote, or, if they choose, refrain from breaking the
tie, in which case the motion is lost.
(r) When a motion is before the Local, no
other motion shall be in order except (1) to adjourn, (2) to put the previous
question, (3) to lay on the table, (4) to postpone for a definite time, (5) to
refer, (6) to divide or amend, which motions shall have precedence in the order
named. The first three of these shall be decided without debate.
(s) A motion for the previous question, when
regularly moved and seconded, shall be put in this form: "Shall the main
question be now put?" If it is adopted, the President shall proceed to
take the vote on the resolution and amendments thereto (if any) according to
their priority. If an amendment or an amendment to an amendment is adopted, the
original resolution, as amended, shall be put to the Local.
(t) A motion to adjourn is in order except
(1) when a member has the floor, and (2) when members are voting.
(u) A motion to adjourn, having been put and
lost, shall not be in order again, if there is further business before the
Local, until fifteen minutes have elapsed.
(v) After the presiding officer declares the vote on a question,
and before the Local proceeds to another order of business, any member may ask
for a division. A standing vote shall then be taken and the Secretary shall
count same.
(w) If any member wishes to challenge (appeal) a decision of the
chair they must do so at the time the decision is made. If the challenge is
seconded, the member shall be asked to state briefly the basis for their
challenge. The chairman may then state briefly the basis for their decision,
following which the chairman shall immediately and without debate put the
question "Shall the decision of the Chair be sustained?" A majority
vote shall decide, except that in the event of a tie the chair is sustained.
(x) After a question has been decided, any two
members who have voted in the majority may, at the same or next meeting, move
reconsideration thereof.
(y) No member shall enter or leave a meeting
during the reading of the minutes, the initiation of new members, the
installation of officers, or the taking of a vote; and no member shall be
allowed to leave without the permission of the Chairperson.
(z) The Local's business, and proceedings of
meetings, are not to be divulged to any persons outside the Local or the
Canadian Union of Public Employees.
The Order of Business at Regular
General Membership Meetings is as follows:
(a) Equality Statement
(b) Roll
Call
(c) Welcoming
members to their first General Meeting.
(d) Reading
of previous General Membership Meeting Minutes
(e) Matters
arising out of the Minutes
(f) Treasurer’s
Report
(g) Communications
and Bills
(h) Matters
arising out of the Executive Board Minutes
(i) Reports
of Committees and Delegates
(j) Nominations,
Elections or Installations
(k) Unfinished
Business
(l) New
Business
(m) Good
of the Union
(n) Adjournment
6.1 The regular General Membership Meeting of
the Union shall normally be held on the first
Saturday of the month, with the exception of July and August. When a statutory
holiday immediately precedes or follows the dates of a regular meeting, such
meeting will be brought forward or postponed to a suitable date, or meeting can
be rescheduled if the date conflicts with other Union business.
6.2 Special Membership Meetings may be
ordered by the Executive Board or requested in writing by not fewer than twenty
(20) members. The President shall immediately call a Special Membership Meeting
when so ordered or requested and shall see that all members receive at least
twenty-four (24) hours notice of the Special Membership Meeting, and the
subject(s) to be discussed. No business shall be transacted at the Special
Membership Meeting other than the subject(s) for which the meeting is called
and notice given.
6.3 A quorum for the transaction of business
at any Regular or Special Membership Meeting shall be twenty (20) members,
including at least three (3) members of the Executive Board (of which two (2)
shall be table officers). A quorum must be present within twenty (20)
minutes following the appointed hour.
6.4 When a quorum is not present at a General
Membership Meeting, the Executive Board shall be empowered to conduct the
necessary business, including the payment of expenses, convention calls, etc.
for that month. This will also apply during the months of July and August.
7.1 Except for ordinary expenses deemed
necessary for the internal operation of the Union, up to one thousand ($1000.00) dollars shall
be dealt with at the Executive level. All other expenditures from the Local's
funds and final disposition of the Local's assets shall be subject to the
Memberships approval at Regular Membership Meetings, or under the provision of
Clause 6.4.
7.2 No sum over Five Hundred ($500.00)
dollars will be voted upon for the purpose of a grant or contribution except by
a Notice of Motion given at a General Membership Meeting and voted upon at the
following General Membership Meeting.
7.3 All requests for donations and attendance
at any functions must be dealt with by the Executive Board and they will bring
forward the matters to the General Membership at a regular General Membership
Meeting.
7.4 On Arbitration cases only if passed at a
Regular Membership Meeting; the Executive Board be permitted to spend the
necessary funds required without prior Notice of Motion. The vote will be taken
by secret ballot and at a fifty (50) percent plus one (1) majority vote will be
required to take a Grievance to Arbitration.
7.5 Or as provided for in Article 6, Clause
6.2 (Special Membership Meetings) and Article 8 (Executive Board/Officers) of
the By-Laws.
7.6 When one or more CUPE Locals in Alberta are on Strike at the same time and
Strike Assistance is of an emergency nature, the Executive Board be permitted
to spend up to ($1000.00) one thousand dollars taking into account nature and
size of each Local that the appeal covers.
7.7 The expenditure from the Defence Fund
will be administered as laid down in the Local's Defence Fund Regulations. An
assessment can be levied only for a specific purpose and for a specific period,
and a continuing assessment, unless adopted by referendum, must be reviewed at
a general meeting at least every six months. Any assessment voted by the
membership must be approved by the National President in advance of being
levied.
7.8 Where an officer becomes the subject of
any legal proceedings by reason of their holding office, all of their legal
expenses shall be paid for by Local 40, upon approval being given by the
Executive Board of CUPE Local 40.
7.9
When a member has been refused/cut
off of Extended Disability (Long Term Disability), the executive board will
have the authority to seek legal assistance if the CUPE National Representative
recommends it. The Executive Board will not be required to get the approval at
the General Membership meeting in order to speed up the process, BUT WILL
NOTIFY THE MEMBERSHIP OF THEIR ACTIONS AT THE NEXT GENERAL MEMBERSHIP MEETING.
8.1 The Executive Board shall consist of all
the Officers, EXCLUDING THE TRUSTEES.
8.2 The Officers of Local 40 shall be:
(a) President
(b) Vice
President
(c) Secretary
Treasurer
(d) Recording
Secretary
(e) Chief
Shop Steward
(f) Sergeant-at-Arms
(g) Representative
from Caretaking
(h) Representative
from Highfield
(i) Part-time
Cleaner Representative
(j) Research
Advisor
(k) Three
(3) Trustees
8.3 The five table officers consist of the
following: President, Vice President, Secretary Treasurer, Recording Secretary,
and the Chief Shop Steward.
8.4 The Executive Board shall meet at least
once a month.
8.5 For the purpose of Executive Board
Meetings, a majority of the Executive Board constitutes a quorum.
8.6 The Executive Officers shall hold title
to any Real Estate/Properties of Local 40 as Trustees for Local 40. They shall
have no right to sell, convey or encumber any Real Estate/Properties without
first giving Notice of Motion in writing and then submitting the proposition to
a Membership meeting and having such proposition approved.
8.7 The Executive Board shall do the work
delegated to it by Local 40 and deal with all grievances of members as
submitted by the Chief Shop Steward or designate. The Executive Board shall be
held responsible for the proper and effective functioning of the Grievance
Procedure.
8.8 All Union related charges (as specified in Section B.VI
Trials of the CUPE National Constitution) against Members or Officers must be
made in writing, and dealt with in accordance with the provisions of the
National Constitution.
8.9 Should any Executive Board Member fail to
answer the Roll Call for three consecutive regular General Membership Meetings
or three regular Executive Board Meetings or any combination thereof, without
having submitted valid reasons for their failures to the membership for
approval of their absence, their office shall be declared vacant and shall be
filled by an election at the following General Membership Meeting and the
membership shall be advised prior to the meeting. (B.2.5 of the CUPE National Constitution).
8.10 The Executive Board shall during July and
August or at times of an emergency, where immediate action is required, have
the authority to respond to: Urgent expenses (i.e. withdrawal of sufficient
funds to post bail for a member charged by the courts
while conducting Union business) and report their actions to the next General
Membership or Special Meeting of Local 40.
8.11 ALL OFFICERS SHALL PRESERVE THE DIGNITY OF THE UNION AND ARE STRONGLY ENCOURAGED TO ATTEND CUPE
SCHOOLS.
9.1 The President shall:
(a) ENFORCE THE CUPE CONSTITUTION AND THESE BY-LAWS.
(b) Preside at all Membership/ Executive
Board Meetings and preserve order.
(c) Decide all questions of order and
procedure (Subject to the appeal of the Membership.)
(d) Have a vote on all matters (except
appeals against their ruling) and in case of a tie vote in any matters,
including elections, have the right to cast the deciding vote.
(e) Enforce Executive Board and Membership
decisions, and carry out assigned responsibilities and enforce fines and
penalties.
(f) Ensure that all Officers perform their
assigned duties.
(g) Fill Committee vacancies where elections
are not provided for.
(h) Introduce new members and conduct them
through the initiation ceremony.
(i) Ensure that the Local's funds are used
only as authorized or directed by the Constitution, By-Laws, or vote of the
membership.
(j) Be an automatic delegate to all
affiliate Conventions (e.g. CUPE National, CUPE Alberta Division, Alberta
Federation of Labour, Canadian Labour Congress, etc.)
(k) Will be one (1) of the Cheque Signing
Officers in addition to the Secretary Treasurer.
(l) Be a full time position in CUPE Local
40's office.
(m) Assists the Vice President in the
responsible and effective operation of CUPE Local 40's office.
(n) Assists
the General Membership and Executive Board of CUPE Local 40 in the fight to
keep our jobs and defeat contracting out and Privatization of any kind by
collecting facts, information and research to be used in our fight back
campaign and submit to the committee involved.
(o) Discuss and supply to the Membership
information on all negotiated benefits, statutory holidays, vacations,
sickness, CUPE Local 40's by laws and collective agreement.
(p) Assist the Chief Shop Steward when
required.
(q) Prepare a detailed report for each
Executive Board Meeting and a summary report for the General Membership
Meetings of their activities over the last month.
(r) Attend all Public Meetings of the
Calgary Board of Education Board of Trustees along with members of the School
Board Trustee Committee.
(s) Inform the appropriate chair of
committees of business that has been brought to their attention.
(t) Keep a detailed log book of their daily
activities that will be excisable to the Executive Board.
(u) Follow the Local’s Policies and
Procedures as set out by the Local’s Executive and ratified by the membership.
(v) Attend all educational sessions when the
Executive Board deems it necessary.
9.2 The
Vice President shall:
(a) If the President is
absent or incapacitated the Vice President performs all duties of the
President. If the office of the President falls vacant, the Vice President
automatically fills the office until an election can be held to fill the
vacancy. For the purpose of Conventions when the President can not attend the
Vice President will be the automatic delegate and take precedence to any
alternate.
(b)
