Local 40
By-
Certified that this is true and correct copy of the 2005 changes to the Canadian
Union of Public Employees, Local 40 By-
BY-
Victor Patton
Frank Reaume
Denis Labbe
Frank Potter
MEETING DATES
General Membership Meetings normally take place on the first Saturday of each month except July and August, and or otherwise specified in Meeting Calls.
LOCAL'S OFFICE
#105 -
Calgary, Alberta
T2E 7L4
Phone: 235-
Fax: 248-
OFFICE HOURS
Monday-
9:00 A.M. -
Revised 2005
Approved by National – May 31, 2005
Canadian Office & Professional Employees
Local #491
I N D E X
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-
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-
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 -
PREAMBLE
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-
ANY CONFLICT BETWEEN THESE BY-
ARTICLE 1 -
1.1 The name of this Local shall be:
Canadian Union of Public Employees, Local 40
ARTICLE 2 -
2.1 The objectives of the Local are to:
(a) Support CUPE in reaching the goals set out in Article II -
(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.
ARTICLE 3 -
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-
3.3 National Office refers to CUPE Headquarters, Ottawa, and the abbreviation "CUPE" is always used with a National connotation, unless stated otherwise.
ARTICLE 4 -
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-
4.2 In situations not covered in these By-
(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-
(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-
(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.
ARTICLE 5 -
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
ARTICLE 6 -
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-
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.
ARTICLE 7 -
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-
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.
ARTICLE 8-
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-
(g) Representative from Caretaking
(h) Representative from Highfield
(i) Part-
(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.
ARTICLE 9 -
9.1 The President shall:
(a) ENFORCE THE CUPE CONSTITUTION AND THESE BY-
(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-
(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) Assist the Secretary Treasurer and the Sergeant-
(c) Render assistance to any member of the Executive Board as directed by the Executive Board.
(d) The Vice-
(e) Be one (1) of the Cheque Signing Officers in addition to the Secretary Treasurer.
(f) Attend all educational sessions when the Executive Board deems it necessary
9.3 The Recording Secretary shall:
(a) Keep full and accurate account of the proceedings of all General Membership and the Executive Board Meetings.
(b) Record all motions in the Minutes of Local 40.
(c) PRIOR TO THE EXECUTIVE BOARD MEETING REVIEW ALL CORRESPONDENCE AND MAKE RECOMMENDATION TO THE EXECUTIVE BOARD.
(d) Answer correspondence and fulfil other Secretarial duties as directed by the Executive Board.
(e) File a copy of all letters sent out and keep on file all communications.
(f) Prepare and distribute all Circulars and Notices to Members.
(g) Have all minutes and papers ready on reasonable notice for Auditors and Trustees and shall not permit unauthorized use of such records or property.
(h) Preside over the General Membership and Executive Board meetings in the absence of both the President and the Vice President.
(i) Be empowered, with the approval of the President, to employ necessary stenographic or other assistance, to be paid out of Local 40's funds.
(j) Attend all educational sessions when the Executive Board deems it necessary.
9.4 The Secretary Treasurer shall:
(a) Receive all Revenue, Initiation Fees, Dues and Assessments, keep a record of each Member's payments, and deposit promptly all monies with a Chartered Bank, or similar Financial Institutions.
(b) Forward to the National Secretary Treasurer of the Canadian Union of Public Employees, on the official monthly report form provided, not later than the 15th day of each month, all financial obligations owing to the National.
(c) Record all transactions in a manner acceptable to the Executive Board and in accordance with good accounting practices.
(d) The Treasurer shall maintain four (4) Bank Accounts to be known as (1) General Fund (Chequing and Savings), (2) Reserve Fund (Term Deposits), (3) Protection of Social Program Fund and (4) Local 40 Defence Fund.
(e) General Fund
(1) Shall deposit all monies received to the General Fund;
(2) Shall be authorized to pay:
(a) all per capita to all the Affiliates
(b) purchase of normal office supplies and postage as be necessary to carry out the normal business of the Union
(c) payment of Office Rental and Telephone.
(3) The Secretary Treasurer shall transfer funds from the General Account that are surplus to the normal operating expenses at half yearling audit with the minimum of 10% into the Reserve Fund after consultation with the Trustees.
(f) The Secretary Treasurer shall purchase term deposits or such other securities as may be offered by the banking institution with which we are dealing, giving the best possible rates and terms suitable to Local 40, whenever the cash balance in this account permits. A balance of ten thousand dollars ($10,000) shall be maintained in this fund whenever possible.
(g) The Secretary Treasurer shall deposit to Local 40's Defence Fund Three ($3.00) dollars per member per month. As the balance of this account warrants it, purchase term deposits, or securities as provided for in the Reserve Fund.
(h) No expenditures other than term deposits or such other securities may
be made from this fund except those authorized in the following manner -
(i) Be bonded for not less than Five Hundred ($500.00) dollars (or any greater sum as may be decided at a General Membership Meeting) taking into account the assets of Local 40 and the amount of cash and cheques handled by the Secretary Treasurer, through the Master Bond. Any Secretary Treasurer who can not qualify for a bond shall be disqualified from office, and that all properties and assets, etc. must be turned over to the successor.
(j) Pay no money unless supported by a receipt. Per Capita fees to affiliates need not be accompanied by a receipt.
(k) Make all books available for inspection by the Auditors and/or Trustees
on reasonable notice, and have the books audited semi-
(l) Provide the Trustees with any information they may need to complete the Auditor's Report Forms supplied by CUPE National.
(m) Be empowered with the approval of the President to employ necessary clerical assistance to be paid out of Local 40's funds. These expenses will be recorded as a separate item on the monthly financial statement, and on the Trustee's report.
(n) The Secretary Treasurer shall make a financial report to each Executive Board and General Membership Meeting.
(o) The Secretary Treasurer will assist with all elections by recording nominees' names on the blackboard for membership scrutiny.
(p) Shall pay expenses of Committee's who shall submit just cause to Local
40, or pay amounts occurring as a result of application of these By-
(q) The Secretary Treasurers' signature will be on all cheques issued by Local 40 along with the signature of one (1) of the following officers of Local 40; President or Vice President.
(r) Attend all educational sessions when the Executive Board deems it necessary.
9.5 The Sergeant-
(a) Guard the inner door of the General Membership Meetings and admit no one but Members in good standing or Officers and Officials of C.U.P.E. except on the order of the President and by consent of the Members present.
(b) Not permit any member to retire from a meeting without permission of the Chairperson.
(c) With the assistance of the Vice President and Secretary Treasurer maintain the record of membership attendance at meetings.
(d) Obtain the names of all those awaiting initiation reporting these to the Chairperson.
(e) Perform such other duties as may be assigned by the Executive Board from time to time.
(f) Keep attendance list of all committee members for regular General Membership meetings to comply with Article 8, Clause 8.9, and Article 11, Clause 11.1.3.
(g) Have at all regular general memberships meetings the previous attendance record for verification purposes.
(h) Attendance sheets will be kept on file in Local 40's office.
(i) Insure that those attending Meetings are genuine members of Local 40 by either presenting a Union Card or attesting to their legitimacy.
(j) Be responsible for investigating educational opportunities for our membership.
(k) Keep record of attendance at schools.
(l) Keep track of Committee Members attendance at General Membership Meetings.
(m) Attend all educational sessions when the Executive Board deems it necessary.
9.6 The Chief Shop Steward shall:
(a) Be chair of the Shop Stewards Body.
(b) Submit all pertinent information without bias to the Grievance Review Committee.
(c) Appoint area captains for a renewable one (1) year period and these members be recommended to have completed the Advanced Stewarding Course.
(d) Attend all educational sessions when the Executive Board deems it necessary.
9.7 Representative from Caretaking, Representative from Highfield and Part-
These positions shall:
(a) Act as liaison between work force in their respected areas and the Executive Board.
(b) Be Area Captains reporting to the Chief Shop Steward weekly.
(c) Keep lines of communication open, make sure memos, bulletins and postings are placed in work areas.
(d) Advise Sick and Visiting Committee as to status of members.
(e) Promote the harmony and preserve the dignity of the union.
(f) Welcome new members and those members transferring into the area.
(g) Encourage members to attend Union meetings.
(h) Attend all educational sessions when the Executive Board deems it necessary.
9.8 Research Advisor shall:
(a) Assist the Executive Board with past documentation relative to its’ present work and duties.
(b) Assist various committees by providing past records and files or documentation that assists them in their task.
(c) Assist new Executive Board members with guidance and sharing of knowledge.
(d) Assist with the negotiations, campaigns, briefs, presentations, that the Local develops, as required.
(e) Provide guidance and advice when so requested by members of its’ Executive Board and serves as a shop steward.
(f) Provide reports for the Executive Board meetings on a monthly basis.
(g) Attend all educational sessions when Executive Board deems it necessary.
9.9 The Trustee shall:
(a) Act as Auditing Committee and audit the books and accounts of the Secretary
Treasurer, the Recording Secretary and the Standing Committees semi-
(b) Report their findings to the first General Membership Meeting following the completion of each audit.
(c) Be responsible to ensure that monies have not been paid out without proper constitutional or membership authorization.
(d) Ensure that proper financial reports have been made to the Membership.
(e) Audit the Record of Attendance.
(f) Inspect semi-
(g) Use Audit Forms supplied by the National Office and send a copy of each
half-
(h) Exercise general supervision over the property of Local 40. Shall ensure that the Secretary Treasurer complies with all their assigned duties as listed in Clause 9.4 of these Bylaws.
(i) Comply with Article B.3.10 and B.3.12 of the CUPE National Constitution.
(j) Be paid fifteen ($15.00) dollars for the purpose of auditing the Local's books.
(k) Attend all educational sessions when the Executive Board deems it necessary.
ARTICLE 10 -
10.01 (a) Each application for membership in the Local shall be directed to the Secretary Treasurer and shall be accompanied by an initiation fee of five ($5.00) dollars which shall be in addition to monthly dues. The Secretary Treasurer shall issue a receipt. If the application is rejected the fee shall be returned.
(b) Monthly Dues
Each member of Local 40 will be assessed Union Dues at the rate of (one (1.0%) per cent above CUPE National per capita level) times the Employees regular basic rate of pay every two weeks.
(c) Re-
The Re-
(d) Changes in the initiation fee or Re-
(e) Notwithstanding the above provisions, if the CUPE
Convention raises minimum fees and/or dues above the level herein established, these
By-
ARTICLE 11 -
11.1 Rules of Nominations and Elections
11.1.1 All Elections shall be conducted by Secret Ballot exclusively and no exceptions shall be made. Any Member may request a recount of the votes for any election and a recount shall be conducted if the request is supported, in a vote, by at least a number of members equal to the quorum for a General Membership Meeting as laid down in Clause 6.3.
11.1.2 The Executive Board shall ensure that sufficient quantities of ballots are made available in good time to the Returning Officer.
11.1.3 No nominations shall be accepted unless the member is in attendance at the January or June General Membership Meeting or provides a letter indicating their desire to be nominated for a position. The letter must convey the reason for not attending and witnessed by another member in good standing, if more than one position is in question a letter would be required for each position.
11.1.4 No member shall be eligible for nomination if they are in arrears of dues and/or assessments.
11.2 Election of Executive Board /Officers
11.2.1 At a Membership Meeting at least one (1) month prior to election day the President shall, subject to the approval of the Members present, appoint an Election Committee consisting of a Returning Officer and Assistant(s).
11.2.2 The Committee shall include members of the Local who are neither Officers or Candidates for Office.
11.2.3 The Election Committee shall have full responsibility for voting arrangements and shall treat information submitted to it in connection with its responsibilities as confidential. The Returning Officer shall be responsible for issuing, collecting and counting ballots. They must be scrupulously fair and impartial and see that all arrangements are unquestionably democratic.
11.2.4 Members running for office will be nominated in May proceeding elections in June. Member nominated at the May General Membership Meeting may decline their nomination at the May General Membership Meeting. Further nominations will be accepted at the June meeting.
11.2.5 TO BE ELIGIBLE FOR NOMINATION UNDER THIS SECTION A MEMBER MUST BE IN GOOD STANDING AND MUST HAVE ATTENDED SEVEN (7) REGULAR GENERAL MEMBERSHIP MEETINGS OUT OF THE PREVIOUS TEN (10). Each candidate for election will receive a maximum of three minutes to explain why they feel they are suitable to run for the position they have been nominated for.
11.2.6 The Annual Executive Elections shall be held in the month of June and the
term of Office, except for the Trustees shall be for a two year period, and outlined
as follows: Even years -
Odd Years -
11.2.7 In the event of a By-
11.2.8 Voting to fill an Office shall be conducted and completed, and recounts dealt with, before balloting may begin to fill another Office.
11.2.9 For Executive Positions a majority of votes cast shall be required before any Candidate can be declared elected, and second and subsequent ballots shall be taken, if necessary to obtain a majority. On the second and subsequent ballots the Candidate receiving the lowest number of votes in the previous ballot shall be dropped. In case of a final tie vote, the Presiding Officer may cast the deciding vote.
11.2.10 All duly elected Officers shall take the oath of office as per the National Constitution at the meeting at which elections are held.
11.2.11 If an elected Officer wishes to seek a different office due to a By-
11.2.12 When an officer resigns at a General Membership Meeting a By-
11.2.13 The term of Office for Trustee shall be laid down in Article B3.10 of Appendix "B" of the CUPE Constitution.
11.2.14 Should an office fall vacant pursuant to Clause 8.9 of these By-
11.3 Election of Committees
11.3.1 Elections for all Committees will normally take place at the regular General Membership Meeting in January.
11.3.2 To be eligible for election to a Committee, a member must be in good standing and have attended at least five (5) regular General Membership Meetings of the previous ten (10) General Membership Meetings.
11.3.3 For Committees a majority of votes cast shall be required before any Candidate can be declared elected, and second and subsequent ballots shall be taken, if necessary to obtain a majority. On the second and subsequent ballots the Candidate receiving the lowest number of votes in the previous ballot shall be dropped. In case of a final tie vote, the Presiding Officer may cast the deciding vote.
11.3.4 The following committees will stand for two year terms.
a) Employees Health Resource Centre Advisory Committee, Alberta Educational Employees Committee, Calgary District Council, Union Occupational Health and Safety, and Anti Privatization/ Political Action Committee, Policy and Procedures Committee, these Committees will be elected in even years;
b) Anti Harassment/Anti Racism committee, Benefit Advisory Committee, Calgary and District Labour Council and School Board Trustee Committee, will be elected in odd years.
11.3.5 Should any Committee member fail to answer the Roll Call for three (3) consecutive regular General Membership Meetings without having submitted good and sufficient reason(s) for those failures, their Committee position will be declared vacant and shall be filled by the President from interested members subject to their being eligible under Clause 11.3.2 above.
11.3.6 Reasons for absence must be submitted to the Sgt.-
11.4 Election to Conventions, Conferences, Seminars, Schools and Workshops
11.4.1 To be eligible for election to attend Conventions, Conferences, Seminars,
Schools and Workshops a Member must be a Member in good standing and have attended
at least six (6) regular Membership Meetings of the previous ten (10) regular Membership
Meetings except for in-
11.4.2 Election Method
a) All Delegates to Conventions shall be chosen by election at Membership
Meetings except for the President, as provided for in Article 9, of the By-
b) All Delegates to Seminars, Schools and Workshops held locally shall be on a voluntary basis.
c) All Delegates to Conferences, Seminars, Schools and Workshops held outside of the City shall be elected at Membership Meetings.
d) To be eligible to attend the CUPE Week long School, the member must have
attended at least 1/2 of the in-
11.4.3 Delegates for Conventions, Conferences, Seminars, Schools and Workshops shall be elected by a majority of unspoiled ballots cast. In the event candidates do not receive the required majority of votes, a subsequent ballot shall be held based on the following: The leading candidate receiving the most number of votes and the candidate receiving the second most number of votes shall remain on the list of candidates for this subsequent ballot. Of the remaining candidates, the candidate receiving the least number of votes and any candidate not receiving at least one half of the number of votes of the leading candidate shall be removed from the list of candidates for this subsequent ballot. In those cases where more than the required number of candidates receive fifty (50%) percent plus one votes to fill the positions available, the successful candidate(s) for the position(s) will be the candidate(s) with the highest number of votes received.
ARTICLE 12 -
12.1 Travel
1) All delegates elected to attend any function held outside the City of Calgary, shall be paid a Transportation expense equal to the most economical form of transportation to the function unless they drive and then they will receive fifty cents ($.50) cents per kilometre as set out in the AMA Distance Guide.
2) When Conventions, Conferences, Seminars, Schools and Workshops are held
outside of the City, and inclement weather does not permit normal modes of transportation
for our Delegates attending (as per our By-
3) If Air Travel is provided no transportation expense will be paid.
4) When delegates choose to car pool, only the driver shall receive fifty five ($.55) cents per kilometre as set in the AMA Distance Guide for travel expenses.
5) Delegates to Conventions, Conferences, Seminars, Schools and Workshops held locally shall have no travel allowance.
6) The Union will provide cancellation insurance when Air Travel is necessary as a mode of transportation to the Convention, Conference, Seminar, School or Workshop.
7) In the event of a delegate(s) travelling by Airlines, such Delegate(s) be allowed transportation to and from Airports, at each destination and Air Porter Bus (Taxi or Airbus). This allowance will be over and above the allotted per diem.
8) Any Member attending a Convention, Conferences, Seminar, School or Workshop who is travelling by bus will be entitled to transportation to and from the Bus depot at each destination (Taxi). A receipt is required.
12.2 Per Diem
1) Per Diem will be established as follows:
(1) A Member booked off prior to 1200 hours (Noon) will get a full day per diem.
(2) A member booked off at or after 1200 hours (Noon) will receive a half day per diem.
(3) A member will receive a full day per diem for any portion of that day at the completion of the Convention, Conference, Seminar, School or Workshop.
2) For Conventions, Conferences, Seminars, Schools and Workshops held outside Calgary the Local will also pay a per diem allowance of seventy ($70.00) dollars per day plus Hotel Accommodations, and the Union will make the reservations and compensation for any loss of salary necessitated by attendance at the function.
3) For Conventions, Conferences, Seminars, Schools and Workshops held in
a Hotel in Calgary there shall be a per diem allowance of twenty-
4) In the event of a Convention, Conference, Seminar, School or Workshop is being held out of the Province, or north of Edmonton a per diem allowance of ninety ($90.00) dollars per day plus Hotel Accommodations and the Union will make the reservations and compensation for any loss of salary necessitated by attendance at the function.
12.3 Childcare
For those delegates who require childcare the local will pay the cost of childcare when provided with a receipt.
12.4 The Union be allowed to book one Hotel room for Union Business at the expense of the Local when conventions are held locally.
12.5 The Delegates to the Alberta Educational Employees Committee CUPE shall be an automatic Delegate to the Annual Union Agreement Conference.
12.6 Weeklong Schools
Where meals and lodging are included in the registration fee, the Union will pay transportation to and from the site of the School, and a per diem of fifteen ($15.00) dollars per day for the duration of the School.
12.7 A Member residing in accommodation, other than those where the Convention,
Conference, Seminar, School or Workshop is being held due to non-
12.8 A Member serving on an affiliate committee, e.g.(CUPE Alberta Division, CUPE National) will be an automatic delegate to that component's Convention, Conference, School, Seminar or Workshop.
12.9 Banquet Tickets at all Conferences and Conventions will be purchased by Delegates, Spouses and Guests.
12.10 When Conventions, Conferences, Seminars, Schools or Workshops are held outside the city limits a member will be allowed a five minute telephone call from their place of lodging to their place of residence to confirm their arrival or departure from the Convention, Conference, Seminar, School or Workshop.
ARTICLE 13 -
13.1 Special Committees
(a) Negotiating Committee
This is a Special Committee, elected by the General Membership, whose purpose is
to prepare collective bargaining proposals and to negotiate a new Collective Agreement.
This Committee shall consist of five (5) members with 3 members from the Executive
Board and 2 non-
(b) By-
This Committee shall consist of four (4) Members appointed by the President when required, three (3) Members from the Executive Board, and one (1) member in good standing from the General Membership Body. At least one member of the Bylaws Committee will be from the previous Bylaws Committee.
(c) An Ad Hoc Committee may be established for a specified purpose and period
by the Membership at a meeting. The Members shall be elected at the same or another
Membership Meeting or may, by specific authorization of the Membership be appointed
by the President. Two members of the Executive Board may sit on any Special Committee
as Ex-
13.2 Standing Committees
13.2.1 The Standing committees will be:
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The rules and duties governing the Standing Committees shall be established and set out in the Policies and Procedures Manual of CUPE Local 40.
13.3 Grievance Review Committee
(1) Committee shall consist of five non executive members for the specific purpose of reviewing all grievances forwarded to them by the Chief Shop Steward.
(2) When a grievance is rejected by Management after the third stage, it shall be reviewed by the Grievance Review Committee.
(3) If the Grievance Review Committee decides not to approve and move forward the grievance, it shall;
(a) notify the concerned member in writing that the grievance being reviewed further at this time;
(b) Instruct the Chief Shop Steward in writing that an extension of time limitations under the Grievance Procedure Article of the Collective Agreement with the Employer is required;
(c) instruct the Chief Shop Steward to get the opinion of the National Servicing Representative, and also seek a legal opinion if deemed necessary to add clarity in order to advance or decline the case.
(d) when the Grievance Review Committee has obtained the legal opinion, they will notify the grievor in writing sent by registered mail, of a date and time where the General Membership will make a decision whether or not to proceed to arbitration. The vote at the General Membership meeting will be conducted by secret ballot.
(e) Where the Grievance Review Committee's second decision is not to proceed with the grievance, the member may appeal their decision to the membership as a whole at the next General Membership Meeting. The Chief Shop Steward will try to extend the times in the Grievance Procedure Article of the Collective Agreement with the Employer, to allow the member to appeal, and if they can't they will proceed with the grievance within the time limits until the appeal has been heard by the General Membership.
(4) The Committee shall remain in effect for one year.
(5) Attendance of at least 6 out of 10 General Membership Meetings will be a prerequisite for continued presence on this Committee.
13.4 AD-
(a) Ad-
13.5 OUT OF POCKET EXPENSES FOR COMMITTEE MEMBERS:
1) When a Member does approved Union business for a period of six (6) hours
or more, in one (1) day away from his/her home or place of work, the Union shall
pay for the cost of meals, parking (or Transportation -
2) Any member or members attending Meetings with affiliates of Local 40 shall have expenses and wages covered under Article 12, if not paid by Affiliate body.
3) These Committees will endeavour to minimize time booked off and other expenses incurred.
4) When a Committee meets, a Committee member will present a written or verbal Report at the next General Membership Meeting and a copy will be submitted to Local 40's Office.
ARTICLE 14 -
14.1 The Bylaw Committee will be appointed in October of each year. Submissions
of proposed amendments to Local 40's Bylaw will be accepted at any time with a cut
off date of December 31st of each year. The Bylaw Committee will review and consolidated
proposed amendments in the period January to March and will then send out a package
of proposed amendments to the membership by March 31st. A Special Meeting will be
called in April to deal with the proposed amendments to Local 40 Bylaws. The Committee
will endeavour to have the Special Meeting at least three weeks after the package
is sent out to the membership. For an amendment to be accepted it will require a
two-
14.2 No changes in these By-
ARTICLE 15 – POLICIES AND PROCEDURES OF LOCAL 40
15.1 The Policies and Procedures Committee will be elected in January or even
years and this committee will stand for a two (2) year term. Submissions of proposed
amendments to Local 40’s Policies and Procedures will be accepted at any time with
a cut off date of march 31st of each year. The Policies and Procedures Committee
will review and consolidate proposed amendments in the period April to June and will
then send out a package of proposed amendments to the membership by September 15th. A
Special Meeting will be called in October to deal with the proposed amendments to
Local 40’s Policies and Procedures. The Committee will endeavour to have a Special
Meeting at least three weeks after the package is sent out to the membership. For
an amendment to be accepted it will require a two-
15.2 No Policies and Procedures shall be in contradiction to the National Constitution
or the By-
ARTICLE 16 -
16.1 The Miscellaneous Expenses for the elected officers of C.U.P.E. Local 40 per month, shall be as outlined in this Clause:
President......................................................... $ 400.00
Vice President................................................. 200.00
Secretary Treasurer......................................... 200.00
Recording Secretary ....................................... 200.00
Chief Shop Steward ....................................... 225.00
Sgt. at Arms ................................................... 100.00
Representative from Caretaking....................... 100.00
Representative from Highfield .......................... 100.00
Cleaner I Representative ................................. 100.00
Research Adviser............................................ 100.00