Ontario Council of Education Workers Resolution The undersigned trade unions, by their duly authorized representatives, do hereby signify and confirm their application for and acceptance of membership in the Ontario Council of Education Workers and do undertake and agree to comply with all of the terms and provisions of the Constitution and By-Laws of the said Council as if they were signatories thereto. SEIU LOCAL 2 ASSOCIATION DES ENSEIGNANTES ET DES ENSEIGNANTS FRANCO-ONTARIENS EDUCATIONAL ASSISTANTS ASSOCIATION DUFFERIN PEEL EDUCATIONAL RESOURCE WORKERS ASSOCIATION HALTON EDUCATIONAL ASSISTANTS ASSOCIATION UNITE HERE LOCAL 272 ASSOCIATION OF PROFESSIONAL STUDENT SERVICES PERSONNEL
2 Constitution and By Laws of the Ontario Council of Education Workers Article 1 Name-Jurisdiction-Objects-Powers Section 1: This Council will be known as the Ontario Council of Education Workers. Section 2: This Council is composed of the following constituent trade unions all of whom have bargaining rights with various School Boards in the Province of Ontario: Association of Professional Student Services Personnel Dufferin Peel Educational Resource Workers Association Educational Assistants Association Halton District Educational Assistants Association Association des Enseignantes et des Enseignants Franco-Ontariens SEIU Local 2 UNITE HERE Local 272 Section 3: Other trade unions with bargaining rights for employees of School Boards in the Province of Ontario may be permitted to join the Council on such terms as the constituent members of the Council determine and in accordance with voting procedures set out further below. Upon joining the Council, a trade union becomes a constituent trade union. Section 4: The Objects of the Council are: a) To seek designation by the Minister of Education as an employee bargaining agency pursuant to the provisions of the School Boards Collective Bargaining Act, 2013. b) To participate in central terms bargaining at a central table for its constituent unions and their members as the employee bargaining agency pursuant to the School Boards Collective Bargaining Act, 2013. c) To enter into central terms with an employer bargaining agency and/or the Crown pursuant to the School Boards Collective Bargaining Act, 2013. d) To authorize the taking of such strike and ratification votes as are legally required and to authorize a strike in respect of central bargaining.
3 e) To authorize legal proceedings in the name of the Council to accomplish the objects of the Council. f) To provide for and ensure uniform interpretation, application and administration of the central terms contained in constituent trade union collective agreements. g) To act as the duly authorized representative and agent of the constituent unions through the delegated representatives of the constituent trade unions in order to carry out the functions and powers of the Council as described herein. h) To engage in such political, legal, legislative or other activity as authorized by the constituent trade unions in order to benefit the constituent trade unions and their members. i) Such other objects as the constituent trade unions may vest in the Council. Section 5: The Council has the power to employ persons, to engage legal Council, to engage expert assistance or retain such other professionals or service providers to assist it in carrying out the objects of the Council. Section 6: No constituent trade union shall raid, attempt to displace, terminate or otherwise interfere with the bargaining rights of another constituent trade union. Article 2 Representation and Delegates Section 1: Each constituent trade union shall be entitled to 2 delegates to the Council. Each constituent trade union shall also be entitled to 1 alternate delegate. Section 2: Each constituent trade union shall inform the Chair of the names of their delegates and alternate. By October 15 th of each year, each constituent trade union shall inform the Council and the other constituent trade unions of the number of employees that they represent, the number of bargaining units they represent, and the number of employees they represent in each of the occupational categories set out in Article 6. Section 3: The Council shall operate primarily by consensus. However, if voting is required in respect of the business of the Council, the outcome of a vote must be decided by the approval of a majority of the constituent trade unions present, voting with their votes weighted equally. The delegates of each constituent union shall vote ½ of their vote. In the event that a constituent union has only 1 delegate in attendance, that delegate (or alternate) shall cast all of the votes for that constituent trade union. Section 4: A simple majority of delegates shall constitute a quorum for any meeting of the Council. Proxy voting is not permitted. Expenses of delegates and alternates to Council meetings shall be borne by their constituent trade union.
4 Article 3 Meetings Section 1: The Council shall meet at least annually. The time and place of the first meeting shall be determined by the constituent trade unions. Prior to the adjournment of each meeting, the Council delegates shall determine the time and place of the next meeting. Section 2: The Chair of the Council shall be authorized to call such other meetings as deemed necessary for the proper functioning of the Council. A simple majority of delegates may, with 7 days notice in writing, call a meeting of the Council. Such notice shall specify the purpose and the date, time and location of the meeting. Section 3: The Council shall have the authority to conduct its business in meetings, by fax, mail, email, video or teleconference, phone poll or through any other form of communication. Article 4 Officers Section 1: The Officers of the Council shall consist of the Chair and the Secretary- Treasurer. The Officers of the Council shall be elected from among the delegates of the constituent unions casting their ballots in accordance with Article 2, section 3. The Chair and the Secretary Treasurer shall not come from the same constituent union. Any delegate can run for office and may nominate themselves. Section 2: The Officers of the Council shall be elected for a period of not less than three years and the first election shall be at the first meeting of the Council. In the event that the terms of the Chair and/ or Secretary Treasurer expire during bargaining, that term shall be extended until the conclusion of that round of bargaining. New elections, if necessary, shall be held after the conclusion of that round of bargaining. Section 3: The Chair shall preside over all meetings of the Council, preserve order and ensure compliance with this Constitution. The Chair shall decide all questions of order pursuant to the latest version of Roberts Rules of Order. The Chair may either vote ½ of that constituent trade union s vote or may not vote in which case the delegate or alternate from the same constituent trade union may cast the Chair s votes. The Chair shall perform such other duties as may be assigned by the Council delegates from time to time. Section 4: The Secretary-Treasurer shall act as Chair in the Chair s absence. The Secretary Treasurer shall take and distribute minutes of Council meetings to delegates
5 and/or constituent trade unions. The Secretary Treasurer shall issue notices of meetings. The Secretary Treasurer shall receive all monies for the Council and give proper receipt for same. The Secretary Treasurer shall deposit monies received by the Council in a bank or banks authorized by the Council in the name of the Council. All cheques written by the Secretary Treasurer must be signed by both the Chair and Secretary Treasurer. The Secretary Treasurer shall make itemized reports for the Council delegates. The Secretary Treasurer shall perform such other duties as may be assigned by the Council delegates from time to time. Section 5: The Chair or the Secretary Treasurer can be removed from office by a majority of delegates voting casting their ballots in accordance with Article 2, section 3. In the event that the Chair or Secretary Treasurer resign or are unwilling or unable to continue their duties, a special meeting shall be called and an election held. Section 6: Neither the Chair nor the Secretary Treasurer shall be entitled to any salary nor other remuneration paid by the Council. Article 5 Funds Section 1: Each constituent trade union shall contribute $2500.00 upon joining the Council. Each constituent trade union shall also contribute such other amount as the Council delegates may determine necessary from time to time. The failure of a constituent union to make their contribution in full within established timelines or prior to the Council applying for designation as a provincial bargaining agent, as applicable, shall result in their expulsion from the Council, unless an extension or waiver of payment is granted by the Council delegates. Section 2: Council funds shall be used for furtherance of the objects of the Council, as determined by the Council delegates in accordance with the formula used in Article 2, Section 3. Section 3: Council funds will not be used to cover the costs incurred by each constituent union in order to participate in the Council such as the costs associated with travel and accommodation for their delegates. Section 4: In the event that the Council is dissolved, Council funds shall be distributed in accordance with the formula set out in Article 9.
6 Article 6 Negotiating Committee Section 1: The Council shall act as the principal negotiating committee for the objects set out in Article 1. The Council may decide to delegate its authority to a negotiating subcommittee but such subcommittee must include at least one representative from each constituent trade union. Section 2: The Council has the authority to act as a bargaining agency for its constituent trade unions. The Council has the authority to negotiate and conclude central terms on behalf of its constituent trade unions and to act as an employee bargaining agency within the meaning of the School Boards Collective Bargaining Act, 2013. Section 3: The Council shall operate primarily by consensus. However, should votes become necessary regarding the development or adoption of bargaining proposals, the acceptance or rejection of those proposals, the acceptance or rejection of an offer or offers, then voting will be in accordance with Article 2, Section 3 except that the threshold for acceptance or rejection shall be 70%. Article 7 Occupational Negotiating Committees Section 1: The Council shall set up the following occupational negotiating committees and shall indicate which classifications of employees are represented by which occupational negotiating committee: a) Educational Assistants b) Early Childhood Educators c) Child and Youth Workers, Professional Student Service Staff, and Instructors d) Custodial, Maintenance and Skilled Trades e) Office and Clerical f) Such other occupational negotiating subcommittees as the Council may determine. Section 2: These occupational negotiating committees shall consist of the constituent trade unions that represent those occupations. Each committee shall have the right to determine a maximum of two proposals to be added to the list of items being proposed for negotiation at the provincial table, to negotiate those proposals should they be adopted as central bargaining items, and to conclude agreements with respect to those proposals. Occupational committee proposals shall be in addition to those determined by the Council as a whole.
7 Any constituent union who could benefit from an item that has been successfully negotiated by one of these occupational committees may participate in the final agreement with respect to that item, provided the employer bargaining agent is in agreement to do so. Occupational committees do not have the right to strike or take any job action independent from the Council as a whole. Occupational committee member unions do not have the right to unreasonably hold up the negotiation of items identified by the Counsel in accordance with Article 6 ( the negotiations of the broader table ) over one or more of their occupational committee proposals. This applies both with respect to proposals that were adopted as bargaining items and to proposals that were rejected. Such interference shall result in the immediate dissolution of the applicable sub-committee and the withdrawal of its proposals for the remainder of the round. The determination of whether a member union is unreasonably holding up the negotiations of the broader table over an occupational committee proposal shall be by vote in accordance with Article 2 Section 3. Section 3: The Occupational committees shall operate primarily by consensus. However, if voting is required, the outcome of a vote shall be decided by having the approval of both a majority of the constituent trade unions on the committee, voting with their votes weighted equally, and a majority of the constituent trade unions on the committee voting with their votes weighted to reasonably reflect, for each constituent trade union, the size of the bargaining units represented by that constituent trade union. Article 8 Strike and Ratification Votes Section 1: Strike and Ratification votes for central terms shall be conducted in accordance with the formula in Article 2, section 3 except that the threshold to pass shall be %70. Ratification of any occupational issues shall be conducted in accordance with the formula in Article 7, Section 3. Each constituent union shall have 14 calendar days after the day that a vote has been called in accordance with this section, to cast its vote, or such other period of time as the Council decides, else their vote is forfeit. Article 9 Amendments, Withdrawal and Dissolution of the Council
8 Section 1: The Constitution and By Laws may be amended by an affirmative vote of a majority of the Council delegates voting in accordance with the formula in Article 2, section 3. Section 2: Written notice of the proposed amendment shall be submitted to the Secretary-Treasurer who shall send copies of the proposed amendment to the constituent trade unions at least 30 calendar days prior to the meeting at which the proposed amendments are to be voted upon. Section 3: A constituent trade union may withdraw from the Council at any time with 90 days notice to the other constituent trade unions except no withdrawal from the Council is permitted between the earlier of the time that the Council either gives or receives notice to bargain, or the time that the Council applies for designation as a bargaining agent in a given round of bargaining, and the conclusion of that round of central table negotiations. A constituent union shall not be entitled to any reimbursement of funds upon its withdrawal. Section 4: The Council may be dissolved by a 70% majority vote of the delegates of the Council voting in accordance with the formula set out in Article 2, Section 3. No such vote may be scheduled between the time that the Council either gives or receives notice to bargain and the conclusion of that round of central table negotiations. Section 5: In the event that the Council is dissolved in accordance with Article 9, section 4, the remaining assets shall be distributed to the constituent trade unions in equal shares. I) Final agreements in French and English