Bylaws Local Union Revised: June 2016 Approved at General Membership Meeting, June 22, 2016 Approved by CUPE National October 4, 2016

Transcription

1 Bylaws Local Union 1978 Revised: June 2016 Approved at General Membership Meeting, June 22, 2016 Approved by CUPE National October 4, 2016

2 Table of Contents INTRODUCTION... 3 SECTION 1 NAME... 3 SECTION 2 OBJECTIVES... 4 SECTION 3 INTERPRETATION AND DEFINITIONS... 4 SECTION 4 MEMBERSHIP... 5 SECTION 5 AFFILIATIONS... 6 SECTION 6 MEMBERSHIP MEETINGS... 6 SECTION 7 OFFICERS... 7 SECTION 8 EXECUTIVE BOARD... 8 SECTION 9 DUTIES OF OFFICERS AND STEWARDS... 9 SECTION 10 NOMINATION, ELECTION AND INSTALLATION OF OFFICERS SECTION 11 FEES, DUES AND ASSESSMENTS SECTION 12 NON PAYMENT OF DUES AND ASSESSMENTS SECTION 13 EXPENDITURES SECTION 14 OUT-OF-POCKET EXPENSES SECTION 15 CHILD CARE, DEPENDENT CARE AND ELDER CARE SECTION 16 DELEGATES TO CONFERENCES, CONVENTIONS AND EDUCATIONALS.. 20 SECTION 17 COMMITTEES SECTION 18 COMPLAINTS AND TRIALS SECTION 19 RULES OF ORDER SECTION 20 AMENDMENTS SECTION 21 PRINTING AND DISTRIBUTION OF BYLAWS Appendix A CUPE NATIONAL EQUALITY STATEMENT Appendix B CODE OF CONDUCT Appendix C RULES OF ORDER Appendix D HSPBA ARTICLES OF ASSOCIATION Page 2

3 Appendix E HCPC PROTOCOL AGREEMENT Appendix G CUPE 1978 CREDIT CARD POLICY Appendix H CUPE 1978 CHILD CARE POLICY INTRODUCTION Local 1978 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 1978 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 of 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 1978 (hereinafter referred to as the Local). Page 3

4 Local 1978 consists of the following bargaining units: Capital Regional District (CRD) West Shore Parks & Recreation (WSPR) Vancouver Island Health Authority (VIHA) Greater Victoria Housing Society (GVHS) SECTION 2 OBJECTIVES The objectives of Local 1978 are to: (a) Secure the best possible pay, benefits, working conditions, job security, pensions and retiree benefits for its members; (b) Provide an opportunity for its members to influence and shape their future through free democratic trade unionism; (c) Encourage the settlement by negotiation and mediation of all the disputes between the members and their employers; (d) 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; (e) 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 of the objectives set out in Article II of the CUPE National Constitution. SECTION 3 INTERPRETATION AND DEFINITIONS Masculine pronouns shall be understood to include the feminine gender. The current CUPE Constitution should be read in conjunction with these Bylaws. The Executive Board shall mean the President, Vice-President, Recording- Secretary, Treasurer, Chairpersons (4), Coordinators (6), and Membership Officer. Ex-Officio President shall mean the Immediate Past President. By-election shall mean an election of an Officer in the middle of a term. Vancouver Island Health Authority (VIHA) is also known as Island Health. Page 4

5 SECTION 4 MEMBERSHIP (a) Membership An individual employed within the jurisdiction of Local 1978 must apply for membership in Local 1978 by signing an application and paying the initiation fee set out in Section 11(a) of these bylaws. (b) 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. (c) Oath of Membership New members will take this oath: I promise to support and obey 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. (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. (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 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, 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 with the Local Union to provide the technical equipment to support such a virtual meeting. Page 5

6 Upon request, the Local Union will share the telephone contact information with CUPE National or CUPE BC. The purpose of sharing this telephone contact information with CUPE National or CUPE BC 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 1978 should be affiliated to and pay per capita tax to the following organization(s): The CUPE BC Provincial Division The Vancouver Island District Council (VIDC) The BC Federation of Labour The Victoria Labour Council (VLC) SECTION 6 MEMBERSHIP MEETINGS (a) Regular Membership Meetings Regular membership meetings of Local 1978 shall be held in February, April, June and November on the third (3rd) Wednesday of the month. The Executive Board shall determine the hour and place of such meetings. There shall be two (2) draw prizes at all Regular Membership Meetings and refreshments will be supplied. (b) Annual General Membership Meeting Annual general membership meetings of Local 1978 shall be held in September on the third (3rd) Wednesday. The Executive Board shall determine the hour and place of such meetings. This meeting will include, as a matter of business, the election and installation of Officers and election of Delegates, but will be conducted as any other Regular Membership Meeting, including two (2) prize draws and refreshments. (c) Notice of Meetings Notice of Regular and Annual General Meetings shall be prepared by the Recording Secretary for distribution and posting on Union bulletin boards and the Union website. The notice must be given to the members at least seven (7) days in advance and include the date, time and location of the meeting. When a statutory holiday or a situation beyond the control of the Local Union arises which causes the cancellation of a Regular or Annual General Membership meeting, the Executive Board shall reschedule the regular membership meeting, Page 6

7 and will give members seven (7) days notice of the date of the rescheduled meeting. (d) Special Membership Meetings Special membership meetings of Local 1978 may be required, and shall be called by the Executive Board or may be requested in writing by no fewer than twenty (20) members. The President shall, within five (5) working days, call a special meeting 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 (e) Quorum The minimum number of members required to be in attendance for the transaction of business at any regular or special meeting shall be ten (10) Members, plus three (3) members of the Executive Board. (f) Membership Meeting Agenda The order of business at regular membership meetings is as follows: 1. Roll Call of Officers 2. Reading of the Equality Statement 3. New Member Initiation 4. Reading of the Minutes of the Previous Meeting 5. Matters arising 6. Treasurer s Report 7. Communications and bills 8. Executive Committee Reports 9. Reports of Committees and Delegates 10. Nominations, Elections and/or Installations 11. Unfinished Business 12. New Business 13. Good of the Union 14. Adjournment SECTION 7 OFFICERS The Officers of Local 1978 shall be the President, Vice-President, Recording Secretary, Treasurer, four (4) Chairpersons (CRD, WSPR, VIHA and GVHS), six (6) Coordinators (4- CRD, 1- WSPR, and 1- VIHA), Membership Officer and three (3) Trustees. All officers shall be elected by the membership. Page 7

8 SECTION 8 EXECUTIVE BOARD (a) The Executive Board shall include all Officers, except Trustees and Stewards. (b) The Executive Board shall meet once a month to receive, discuss and debate all correspondence and any other general information which may have been received. (c) A majority of the Executive Board members shall constitute a quorum. (d) No single Executive Board member or Shop Steward has the authority to bind the union to any agreements with an employer that affect the rights of members under the collective agreement or other legislation. All proposed agreements must go to the Executive Board for approval. The Executive Board will formally advise the employer in writing of all decisions. (e) When feasible, it is preferred that a minimum of two (2) union representatives are in attendance for any formal meetings with an employer. (f) Trustees and Shop Stewards of the Local may attend meetings but may not cast votes. (g) 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. (h) 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. (i) All charges against members or Local Officers must be made in writing and dealt with in accordance with the provisions of the CUPE Constitution. (j) In the event that emergency meetings of the Executive Board are required, the Executive Board members should receive at least 24 hours notice. All decisions made by the Local Officers under these circumstances shall be brought to the attention of the Executive Board and then the membership, no later than at the next Regular Membership Meeting. (k) Should any Executive Board member fail to answer the roll call for three (3) consecutive regular meetings or three (3) 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. Page 8

9 SECTION 9 DUTIES OF OFFICERS AND STEWARDS Each Officer of Local 1978 is encouraged to participate in CUPE educational courses to enhance their leadership skills and expand their knowledge and expertise. 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. All signing Officers of Local 1978 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 Officer shall have the authority to change, violate, alter, amend or otherwise change any part of the Collective Agreement (a) President The President shall: Enforce the CUPE National Constitution, these Local Union bylaws and the Equality Statement. Provide leadership and guidance to the Local. Establish goals, direction and objectives for the Local. Be the public spokesperson for the Local. Establish relationships with Municipal, Regional, Provincial and Federal politicians. Liaise with other Unions. Be the conduit between the Local and CUPE Provincial and National representatives. Preside at all membership and Executive Board meetings and preserves order. Decide all points of order and procedure (subject always to appeal to the membership). Have a vote in all matters (except appeals against his rulings) and, in case of a tie vote, to break the tie. 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. Countersign, if necessary, 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. Represent the Local on step 3, Mediation/Arbitration matters. Be a member of the negotiation committee for all collective agreements. Be an ex-officio member of all committees. Page 9

10 Have first preference as a delegate to all conventions of organizations with which the Local is affiliated. Direct the Local in the event of job action. (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. Keep the President informed of all Local business and activities Coordinate the Chairpersons of the Local Be the chair of the grievance committee Be the chair of the education committee Ensure that all Chairpersons receive the necessary training to carry out their prescribed duties Provide a monthly grievance report to the Executive Board (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 ensuring their posting on Union bulletin boards and the Union website. 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 Local, to employ clerical or other assistance to be paid for out of the Local Union s funds. Any persons employed Page 10

11 under this provision shall be under the direct supervision of the Recording Secretary. Performs other duties required by the Local Union, its bylaws or the National Constitution. (d) Treasurer The 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. Prepare all CUPE National per capita tax forms and remit payment no later than the last day of the following month. Prepare, in consultation with other members of the executive Board, an annual budget (for the upcoming fiscal period July 1 to June 30) to be presented to the Executive Board at the June executive meeting, then for ratification by the general membership not later than at the September Annual General Meeting of the local. 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 at 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. Be bonded through the master bond held by CUPE National. Any 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. Page 11

12 Where required, issue a T4 no later than February 28th for each Executive Board member who receives an honorarium as pursuant to the Revenue Canada rules for the preceding taxation year. Be empowered, with the approval of the membership, to employ necessary bookkeeping assistance to be paid for out of the Local Union s funds. Any persons employed under this provision shall be under the direct supervision of the Treasurer. (e) Chairpersons - four (4) The Chairpersons shall: Be responsible for the day-to-day administration of the Local s business. Handle all grievances in coordination with the Vice-President. Act as a representative for their bargaining unit if delegated by the Executive Board. Provide a written monthly report to the Executive Board at regular Executive meetings. Provide a copy to the Executive Board of any correspondence sent to employers. Automatically is a member of the Union Negotiation Committee for their bargaining unit. Sit on the respective Joint Health & Safety Committee, and shall find an alternate to attend meetings on his behalf if unable to attend. (f) Coordinators - six (6) The Coordinators shall: Coordinate the Shop Stewards in his assigned area of responsibility with the Local, as set out in Section 6, and shall ensure that all Shop Stewards responsibly carry out their duties. Provide to the Chairperson in their designated area of responsibility a monthly status report of any grievances. Render assistance to Shop Stewards in the performance of their duties Ensure that all Shop Stewards get the necessary training for the performance of their duties. Ensure that there are sufficient Shop Stewards in the department of his responsibility by conducting elections as per Stewards Elections (Section 10 (e)). Act as a Shop Steward in the department of his responsibility if a Shop Steward is not available. Attend Step 2 and higher grievance meetings in their department in the company of their Chairperson, and may be authorized by their Chairperson to Page 12

13 handle the grievance on their own; however, prior authorization must have been granted Attend a Step 1 grievance with the Shop Steward if requested by the Shop Steward. Ensure that all grievances have a sequence reference number assigned and ensure that all grievances are handled in an orderly and organized fashion in their assigned area of responsibility. Ensure that Shop Stewards adhere to grievance timelines. Assist Shop Stewards in other departments at the request of the Chairperson of that component or the Vice-President. Keep records of all grievances and other issues that may be brought forward and provide all documentation to the Union office for filing. Attend all Executive and Membership Meetings and be a voting member of the Executive. (g) Trustees (non-voting) 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. Make a written report of their findings to the first membership meeting following the completion of each audit. 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. Audit the record of attendance. 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. Send to the National Secretary-Treasurer, with a copy to the assigned Servicing Representative, the completed audit report (on the prescribed form provided by the National Secretary-Treasurer); a copy of their report to the Local membership; a copy of their recommendations and/or concerns to the President and Treasurer; and the Treasurer's response. (h) Membership Officer The Membership Officer shall: Page 13

14 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 the consent of the members present. Maintain the record of membership attendance at meetings. Be responsible for tiling the door (locking the doors) at the commencement of elections, or any other ballot voting procedure. Perform such other duties as may be assigned by the Executive Board from time to time. (i) Stewards (non-voting) The Stewards shall: Advocate for members rights and provide democratic Union leadership within the workplace. Help the union executive communicate with and respond to the concerns and priorities of members they represent. Help members resolve workplace issues and complaints and settle grievances. Uphold the Collective Agreement and be familiar with the business of the Union. SECTION 10 NOMINATION, ELECTION AND INSTALLATION OF OFFICERS (a) Nominations 1. Nominations will be received at the Annual General Membership Meeting (AGM) held in the month of September. 2. No nomination shall be accepted unless the member is in attendance at the meeting or has previously filed with the nomination committee his consent in writing duly witnessed by another member to allow his name to stand for election. 3. No person will be nominated for any office unless he has been a member in good standing for at least six (6) months in addition to the other provisions of this subsection. No member shall be eligible for nomination if he is in arrears of dues and/or assessments. 4. 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 that time. Page 14

15 5. No member shall be nominated for the office of President unless he has been a member in good standing of this Local for at least twelve (12) months, in addition to the other provisions of this subsection. (b) Elections 1. The election of Officers and Trustees shall be held at the AGM on the third Wednesday of September, the time and location to be determined by the Executive Board. On even years, the elections will be for the following positions of the Executive Board: President; Recording Secretary; two (2) Chairs (GVHS and CRD); three (3) Coordinators (2 CRD; 1 WSPR); Membership Officer; and one (1) Trustee for (three (3) year term) On odd years, the elections will be for following positions of the Executive Board: Vice-President; Treasurer; two (2) Chairs (VIHA & WSPR); three (3) Coordinators (2 CRD; 1 VIHA); and one (1) Trustee for (three (3) year term) 2. The President shall, subject to the approval of the members present, appoint an elections committee consisting of a returning officer and two assistants at least thirty (30) days prior to the AGM. The committee shall include members of the Local who are neither members of the Executive Board nor candidates for office. It shall have full responsibility for voting arrangements and shall treat information submitted to it in connection with its responsibilities as confidential. 3. The Executive Board shall determine the form of the ballot and ensure that sufficient quantities are made available in good time to the returning officer. The vote shall be by secret ballot. 4. The returning officer shall be responsible for issuing, collecting and counting ballots. He must be fair and impartial and see that all arrangements are unquestionably democratic. 5. Voting to fill one office shall be conducted and completed and recounts dealt with before balloting may begin to fill another office. The order of voting for offices shall be in the order the offices are listed in Section 9 of these Bylaws. 6. Majority of votes cast shall be required before any candidate can be declared elected. Second and subsequent ballots shall be taken, if necessary, to obtain a majority. On the second and subsequent ballots, the candidate(s) receiving the lowest number of votes in the previous ballot will be dropped. In the event of a tie vote, a second and subsequent ballot(s) will be taken if necessary until a candidate receives a majority of votes cast and can be declared elected. In the Page 15

16 even the tie vote persists, subsequent ballots may be deferred to the next membership meeting. 7. When two or more nominees are to be elected to any office by ballot, each member voting shall be required to vote for the full number of candidates to be elected or the member s ballot will be rejected. 8. Nominees for Chair or Co-ordinator positions must be from the work unit to be represented. If no nominations are submitted from within the work unit, then nominations will be opened up to all members. 9. Any member may request a recount of votes in 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 laid down in Section 6. (c) Installation of Officers 1. All duly elected Officers shall be installed at the meeting at which elections are held and shall continue in office for 2 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 years. 2. The terms of office for Trustees shall be so that one serves for a period of three years, one for two years, and one for one 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-year period. No member who has been a signing Officer for the Local Union is eligible to run for Trustee, until at least one full term of office has elapsed. 3. 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. (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 and to fill only the unexpired term of the vacated office. Page 16

17 (e) Stewards Elections 1. Stewards are to be elected within thirty (30) days following the Annual General Meeting. 2. Steward elections are to be held at a worksite within in the area of responsibility. 3. Stewards are to be elected by the members who work in the area of responsibility. 4. Members of the area of responsibility must be given a minimum of five (5) days notice of the election. 5. If no Steward is elected, the President will appoint a Steward. SECTION 11 FEES, DUES AND ASSESSMENTS (a) Initiation Fee Each application for membership in the Local Union will be directed to the Treasurer and will be accompanied by an initiation fee of $10.00 dollars which shall be in addition to monthly dues. The Treasurer shall issue a receipt. If the application is rejected, the fee shall be returned. (b) Readmission Fee The readmission fee shall be $ (c) Monthly Dues The monthly dues shall be 1.75% of regular wages and are effective immediately upon hire. (d) Amending Monthly Dues The regular monthly dues may be amended at a regular or special membership meeting. The vote must be by secret ballot. Notice of at least seven (7) days at a previous meeting or sixty (60) days in writing must be given. (e) Special 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. Page 17

18 SECTION 12 NON PAYMENT OF DUES AND ASSESSMENTS A member who fails to pay dues and assessments for three months is automatically suspended from membership. The suspension will be reported to the Executive Board by the 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. The readmission fee cannot be less than the initiation fee of the Local. A member who has been unemployed or unable to work because of sickness shall pay the readmission fee but may not be required to pay arrears. SECTION 13 EXPENDITURES (a) Payment of Local Union Funds 1. Expenditures of the Local shall be only for the purpose of the Local, as authorized by the Bylaws of the Local, or as duly authorized by a majority vote of the membership at a Regular Membership Meeting. 2. All expenditures of the Local shall be made by cheque, union credit card or electronic funds transfer (EFT) signed/or authorized by the Treasurer and countersigned/authorized by either the President or another Officer that the Local may designate; the Treasurer must always be a signatory. However, a petty cash fund may be authorized by the Local from which nominal expenditures can be made. 3. A petty cash fund, not exceeding two hundred and fifty dollars ($250.00), from which minor expenditures can be reimbursed, is authorized by the Executive Board. Vouchers signed by the member with supporting documentation of the expense incurred must accompany all petty cash distributions. The petty cash fund shall only be reimbursed by cheques payable to the petty cash custodian equal to vouchers submitted. 4. The Executive Board shall not expend funds of over two hundred dollars ($200.00) for the purpose of a grant or contribution to any member or any cause outside of CUPE, except by a notice of motion given in writing and dealt with at the following Regular Membership Meeting. 5. The Treasurer shall prepare and submit by June to the Executive Board a budget of anticipated expenses and revenues of the Local for the coming financial year. The Executive Board shall present the budget for ratification by the membership at the Annual General Membership Meeting Unbudgeted expenditures shall be approved by the Executive Board or, if appropriate, by vote of the membership at the next Regular/Special Membership Meeting of the Local. Page 18

19 (b) Investment Goals 1. To ensure that the Local s funds in excess of current operating requirements are invested in secured financial instruments, such as guaranteed investment certificates, term deposits and/or fixed income and equity portfolios managed by a licensed Portfolio Manager. 2. Secure a rate of return on investments that is competitive but does not jeopardize the security of the funds. (c) Investment Guidelines 1. Local 1978 funds will be invested in Credit Unions. Credit Unions accepting deposits on behalf of CUPE Local 1978 shall be approved by the Executive Board and be a member of Credit Union Deposit Insurance Corporation (CUDIC). 2. All investments placed for longer than six (6) months must have a call feature and may have a minimum penalty for early redemption. 3. The funds of the Local will not be pledged as security or guarantee a financial obligation for a third party. 4. Institutions deemed appropriate for placing investments will be rated according to terms, accessibility, rates and service. 5. Records of investments shall be kept at the Local s office. 6. A statement of investments, detailing the institution, dates, interest rates and principal amount, shall be included with the monthly financial statements. (d) Payment of Per Capita Tax and Affiliation Fees Authorization to pay per capita tax to CUPE National, to CUPE BC Provincial Division, or any labour organization the Local Union is affiliated with, is not required. (e) 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 two hundred dollars ($200.00), a notice of motion must be made at a regular membership meeting and then approved at the following regular or special membership meeting before the grant or contribution can be paid out. The approval meeting must be no earlier than seven days after the meeting where notice of motion has been given. Page 19

20 (f) No Officer or member of Local 1978 will be allowed to spend any Local Union funds without first having received authorization under Section 13(a) of these bylaws. SECTION 14 OUT-OF-POCKET EXPENSES Local Union Officers and Members shall be provided an out-of-pocket expense allowance as per the CUPE Local 1978 Expense Policy, see Appendix F. SECTION 15 CHILD CARE, DEPENDENT CARE AND ELDER CARE Local Union Officers and Members may be eligible for reimbursement as per the CUPE Local 1978 Child Care, Dependent Care and Elder Care Policy, see Appendix H. SECTION 16 DELEGATES TO CONFERENCES, CONVENTIONS AND EDUCATIONALS (a) Except for the President s option [Section 9(a)], all delegates to conventions, conferences, and educationals shall be chosen by election at membership meetings. (b) Delegates to the Vancouver Island District Council (VIDC) 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. (c) Delegates to the Victoria Labour Council (VLC) 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 report to each Local Union membership on proceedings at recent meetings of the Council. The Local Union will reimburse the member s employer for any loss of wages. (d) All delegates attending conventions, conferences, or educationals held outside the town of Victoria, BC shall be reimbursed any transportation expenses and a full-day per diem allowance for meals and expenses. The Local Union will reimburse the member s employer for any loss of wages. (e) Delegates to conventions, conferences, and educationals held locally shall have no travel allowance. There shall be a one half-day per diem allowance 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. Page 20

21 (f) Local 1978 encourages the participation of women and all equity-seeking groups in their delegation to conventions, conferences, and educationals. SECTION 17 COMMITTEES (a) 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. 1. Negotiating Committee CRD, WSPR and GVHS This will be a special committee established at least three (3) months prior to the expiry of the Local Union s collective agreement and automatically disbanded when a new collective agreement has been signed. The function of the committee is to prepare collective bargaining proposals and to negotiate a collective agreement. The committee shall consist of three (3) members of the Local: the President, the Chairperson of the bargaining unit that the negotiating pertains to, and one (1) other member. This member and three (3) alternates must be elected at a regular membership meeting. The National Representative assigned to the Local Union shall be a nonvoting member of the committee and shall be consulted at all stages from formulating proposals, through negotiations, to contract ratification by the membership. The negotiating committee shall bargain in good faith acting on directives from the Local membership as approved at a regular or special meeting of the Local. The committee shall submit a progress report at every regular or special meeting of the Local from the time of its appointment to the conclusion of negotiations and the signing of a new collective agreement. The CUPE representative assigned to the Local shall be a non-voting member of the committee and may be consulted at all stages from formulating proposals through negotiations to contract ratification by the membership. It is preferred that all members of Local 1978 s negotiating committee have obtained or is willing to obtain Level 1 and Level 2 of CUPE s collective bargaining education. Page 21

22 2. Negotiating Committee VIHA Negotiating with the employer on behalf of VIHA follows a different process which is covered in detail in two (2) documents that are included as appendices D and E to these bylaws: HSPBA Articles of Association for the Health Science Professional Bargaining Association. This is the Provincial governing document for Health Science Professionals from the five (5) unions of HSPBA (HSA, BCGEU, CUPE, HEU & PEA) on the voting structure, rules of association, finances, jurisdiction etc. HCPC Protocol Agreement, Health President Council Protocol Agreement. (b) Standing Committees This governs how often the CUPE locals that have Health Science Professionals will meet per year, the number allowed to attend, the number of delegates allowed to attend the bargaining convention, finances etc. The President and the Executive Board may, with the approval of the membership, jointly appoint other members to serve on a committee. Committees will provide written reports to each regular membership meeting. 1. Grievance Committee - Vice-President and the four (4) chairpersons This committee will: Oversee the handling of all local grievances. Receive copies of all grievances. Prepare a report on the status of all grievances to be submitted to the Executive Board, the National Representative, and to the membership meeting. When a grievance is not settled in the initial steps provided for in the collective agreement, this committee will decide whether or not the grievance should proceed to arbitration. If the decision is to not proceed, the griever(s) may appeal the decision to the Executive Board. The National Representative assigned to the Local Union shall be a non-voting member of the committee and shall be consulted at all stages. Page 22

23 2. Education Committee Vice-President and one (1) other member This committee will: Will gather and/or receive all information on upcoming education, conventions, conferences and seminars available to the Local. Make recommendations to the Local Union on whether or not members should be attending. Assist delegates with any necessary registration and travel arrangements. Assist delegates in the preparation of reports to the membership on and maintain a reference file of these reports. Cooperate with the National Union Development Department and Communications Branch of CUPE, and with the regional Education Representative, in implementing both the Local Union s and CUPE s policies in these fields. Maintain a record of all union education taken by members. 3. Health and Safety Committee - one (1) member per bargaining unit 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 28 th 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 so as 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. 4. Bylaw Committee - four (4) members This committee will: Review the bylaws annually and make recommendations to the Executive Board on proposed amendments. Review any proposed amendments received from the Executive Board or membership of the Local Union to ensure that the amendments will Page 23

24 conform to the remainder of the bylaws and the CUPE National Constitution. Ensure that the Local Union s bylaws are written in clear language, ensuring that clear language does not change the intent or meaning of the bylaws. 5. Reclassification and Pay Review Committee - three (3) members for each committee (CRD and WSPR) This committee will: Conduct their duties as outlined in respective articles of the current collective agreements. 6. Good & Welfare Committee One (1) member appointed by the Executive This committee will: Send either an arrangement of flowers, fruit basket, gift cards or memorial donations to any member of the Local who has experienced any of the following situations: members who are sick (one week or more) members who are hospitalized members who have experienced a death in their family members who have experienced a birth/adoption in their family Presentations to any member at a Regular Membership Meeting for any of the following: recognition of service as a retiring Executive member of more than five years on the Executive retirement gifts for any union member with 20 years' service at retirement; the gift being a CUPE union watch or close equivalent recognition of long term membership in Local 1978, the gift and value to be mutually agreed upon by the Executive Board on an annual basis tied to the fiscal budget, for the following milestones: 15 years, 20 years, 25 years 7. Bursary Committee - two (2) members for each committee (CRD and WSPR) This committee will: Participate with the Human Resources department in the evaluation of the applications for the co-sponsored annual bursary within the two components of the Local. Page 24

25 8. Labour-Management Committee three (3) members A Labour-Management committee shall be formed for each bargaining unit and will include the President, applicable Chair and other members appointed by the President when required. 9. Social Committee This committee will: Arrange and conduct all social, cultural, and recreational activities of the Local Union, either on the committee s own initiative or as a result of decisions taken at membership meetings. The committee shall submit reports and proposals to the Executive Board or to the membership as required. A budget for the committee will be fixed annually by the membership but, other than that, all social, cultural, and recreational events and activities shall be selfsupporting. SECTION 18 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. SECTION 19 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 20 AMENDMENTS (a) 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. Page 25

26 (b) Additional Bylaws A Local Union can amend or add to its bylaws only if: (i) the amended or additional bylaws do not conflict with the CUPE Constitution; (ii) 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 (iii) notice of the intention to propose the amended or additional bylaws was given at least seven days before at a previous membership meeting or 60 days before in writing. (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 90 days of receiving them and will withhold approval only where they conflict with the CUPE Constitution. SECTION 21 PRINTING AND DISTRIBUTION OF BYLAWS Members can receive a copy of Local 1978 bylaws, either in paper format or via the Local Union website at Page 26

27 Appendix A CUPE NATIONAL 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. Page 27

28 Appendix B CODE OF CONDUCT Local 1978 is committed to ensuring that all of its meetings and activities are safe environments where members are encouraged to speak. Existing members are encouraged to welcome, mentor and support new members and equity-seeking members. Local 1978 strives to promote 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. Local 1978 is committed to creating a union which is inclusive, welcoming, and free from harassment, discrimination and all types of bullying and intimidation. Local 1978 needs to ensure that it provides a safe environment for members, staff and elected officers to carry out our work. Local 1978 expects that mutual respect, understanding and co-operation will be the basis of all our interaction. This Code of Conduct for Local 1978 sets out standards of behaviour for members at meetings and all other events organized by Local It is consistent with the expectations outlined in the Equality Statement, CUPE National Constitution and these bylaws. 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 members of Local 1978 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; and Take responsibility for not engaging in inappropriate behaviour due to abuse 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 Page 28