Local 356 By- Laws
Contents
- Name
- Constitution and By-Laws
- Fiscal Year
- Membership
- Membership Meetings
- Power of Administration
- The Local Executive Committee
- The Steward System
- Election of Stewards
- The Election of
Executive Officers
- Delegates
- Financial Operation
- Trustees
- Amendments
Article 1: Name
This organization shall be known as Local
356, Ontario Public Service Employees Union (OPSEU).
Article 2: Constitution and By-Laws
The Constitution of this organization
shall be the Constitution of the Ontario Public Service Employees Union (OPSEU)
and these by-laws shall be in all respects subordinate to said Constitution and
all applications and interpretations thereof.
Article 3: Fiscal Year
The fiscal year of the Local Union shall
begin January 1 and end December 31.
Article 4: Membership
Section 4.1
The Local Union shall
be composed of workers eligible for membership in the Ontario Public Service
Employees Union (OPSEU).
Section 4.2
Each union member has
the right to nominate and vote, to express opinions on all subjects before the
Section 4.3
The membership
shall strive to obtain the objectives set forth in the Ontario Public Service
Employees Union Constitution and additional objectives as established as the
policy of the Ontario Public Service Employees Union; to maintain free
relations with the other organizations; to do all in its power to strengthen
and promote the labour movement; to co-operate with OPSEU Board members and the
OPSEU staff; and to help promote organizational activities.
Article 5: Membership Meetings
Section 5.1
General membership
meetings of all members of this Local shall be convened at least two (2) times
each year. The quorum shall be at least 5%
of the local membership or 10 (ten) members, whichever is greater.
Section 5.2
A special meeting of
the membership may be called at the request of 10% of the membership. Said
request shall be presented in writing to the President who will call a meeting
within fourteen (14) calendar days. No business other than that for which the
special meeting is called shall be transacted. The quorum shall be as per Section 5.1.
Section 5.3
The President shall be
the Chairperson at all general meetings, Local Executive Committee meetings,
and special meetings. In the absence of the President, the First Vice-President
or person designated by the Local Executive will chair such meetings.
Section 5.4
Ten (10) calendar
days’ notice shall be given for all regular and special meetings by the
circulation of a copy of the proposed agenda to members and by posting a notice
of meetings at each worksite.
Article 6: Power of Administration
Section 6.1
The membership is the
highest authority of this Local Union, and it shall be empowered to take or
direct any action consistent with the Constitution or By-Laws.
Section 6.2
Between membership meetings, the Local Executive Committee shall be the highest authority of the Local Union and shall be empowered to act on behalf of the membership to the extent that urgent business requires prompt and decisive action and this action is consistent with the Constitution, the By-Laws, and the will of the membership as expressed at general meetings.
Section 6.3
Between meetings of
the Local Executive Committee, the President shall exercise general
administrative authority, and shall be empowered to act on behalf of the Local
Executive Committee subject to subsequent approval of the Local Executive
Committee. The actions of the President shall be consistent with the
Constitution, the By-Laws, and the will of the membership as expressed at
general meetings.
Article 7: The Local Executive Committee
Section 7.1
The Local Executive
Committee (LEC) shall be composed of Unit Stewards representing various working
areas of the Local. The Executive Officers consist of the President, the First
Vice-President, the Second Vice-President, the Chief Steward, the Treasurer,
and the Secretary. The immediate past president may serve on the Local
Executive Committee as an ex-officio member with voice but no vote.
Section 7.2
Meetings of the Local
Executive Committee shall be held at least once every three (3) months. At least five (5) days’ notice shall be given to LEC members. Special meetings may be called by the
President or a majority of the Committee members. No business other than that
for which the special meeting is called for shall be transacted. All meetings
are open to the membership.
Section 7.3
Fifty per cent of the LEC members shall constitute a
quorum.
Section 7.4
Any member of the LEC
absent for three consecutive meetings without informing the Union Local Office
of his/her reasons which are acceptable to the President will be considered to
have vacated his/her position. The vacancy (ies) will then be filled according
to Article 9, Section 9.4.
Article 8: The Steward System
Section 8.1
Local 356 is considered a composite local
with numerous worksites, OPS and BPS. There will be one steward per 20 members
of the bargaining unit. The worksites are as follows: Bancroft - MNR, MGS, MTO,
MCSCS, OCWA & MPAC Haliburton - MNR, Minden
Section 8.2
The Unit Stewards
shall constitute the Local Executive Committee for a term of two (2) years. Elections
will be held in the autumn of alternate years and those elected will take
office immediately following the election.
Article 9: Election of Stewards
Section 9.1
Nomination notices for Local Stewards shall be sent out
with the written notice of the election. All nominations must be
submitted to the Local Union Office in writing and signed by the nominator and
the nominee.
Section 9.2
Elections of the
Stewards shall be conducted by secret ballot.
Section 9.3
Where more than one (1) steward is to be elected in a given working area, each voter may vote up to the maximum number of positions to be filled.
Section 9.4
The membership of each unit shall elect one of the shop stewards as unit steward.
Section 9.5
Since the units within Local 356 vary greatly in size, additional unit stewards will be elected using the number of member in the smallest unit as a mathematical unit for calculating representation by population.
Section 9.6
Where a vacancy occurs
(or is deemed to have occurred under Article 7, Section 7.4), then an electoral
officer designated by the LEC will call for nominations. Once a nomination has
been received, then the electoral officer will publicize the fact that a
nomination has been received and will call for further nominations. If further
nominations are received, then a by-election will be held. However, if no
further nominations are received, then the sole nominee will be deemed to have
been elected by acclamation. The terms for those elected in a by-election
expire at the same time as the terms for those stewards elected in a general election.
Article 10: The Election of Executive Officers
Section 10.1
The members of Local
356 shall elect, from among the Unit Stewards, the Executive Officers referred
to in Article 7.
Section 10.2
The election of
Executive Officers shall be conducted by secret ballot of all the membership in
the Local. Written notice will be given fourteen (14) calendar days in advance
to all members when an election is to take place. Any election of Officers
shall be based on the principle of winning a clear majority, with run-off
ballots, if necessary.
Section 10.3
Nomination notices for
Local Executive Officers shall be sent out, with the list of eligible Unit Stewards
and the written notice of the election, in advance. In the event that two or
more Unit Stewards are nominated for a given position, then a general election
will be held. The election for Officers will be conducted every two (2) years
at a general membership meeting.
Section 10.4
Where a vacancy occurs
(or is deemed to have occurred under Article 7, Section 7.4), then an electoral
officer designated by the LEC will call for nominations. Once a nomination has
been received, then the electoral officer will publicize the fact that a
nomination has been received and will call for further nominations. If further
nominations are received within two weeks, then a by-election will be held. If
no further nominations are received, then the sole nominee will be deemed to
have been elected by acclamation. The terms for those elected in a by-election
expire at the same time as the terms for those officers elected in a general
election.
Article 11:
Delegates
Section 11.1
Where sufficient
membership exists (where stipulated by the Constitution of OPSEU), any member
may be nominated to stand as a delegate to the Annual OPSEU Convention and
Region 3 meetings.
Section 11.2
The President of the
Local shall be an automatic delegate to the above, where stipulated by the
Constitution of OPSEU. If the President
is unable to attend, the First Vice-President becomes the automatic
delegate.
Section 11.3
The delegates,
alternates and observers, not including the President, will be elected at the
first general meeting of the calendar year. These delegates will serve as
representatives for all the meetings specified in Article 11, Section 11.1 held
during the calendar year.
Article 12: Financial Operation
Section 12.1
All funds of Local 356
shall be used only for legitimate trade union purposes. Accounting for revenue and disbursements
shall be done in a proper and business-like manner. Except for reasonable amounts in petty cash,
all expenditures shall be by cheque and shall be properly supported by
vouchers. The signing officers of Local 356 will be any two of the
President, Vice-President(s) and Treasurer.
Section 12.2
Financial control of
Local 356 shall rest with the Local Executive Committee subject to
ratification of the general membership.
Section 12.3
No individual officer of Local 356 shall have the power to incur any indebtedness on its behalf or appropriate any money without authority from these by-laws (Section 12.9) or from the general membership.
Section 12.4
The financial affairs
of the local will be managed as required by law and in accordance with
generally accepted accounting principles for not-for-profit organizations in
Section 12.5
The Treasurer will
present a financial report in writing at every general meeting and at every
second LEC meeting.
Section 12.6
Members of the LEC shall receive an honourarium of $25.00 per diem for
attending executive and General Membership meeting.
Section 12.7
Authorized
spending limits for Union business (not charitable donations) not requiring
general membership approval are as follows:
·
The President of the Local may approve individual
expenditures up to $500.00
·
The Local Executive Committee may approve
individual expenditures up to $1200.00
·
Expenditures exceeding $1200.00 require the
approval of members at a General Meeting.
·
LEC is authorized to make special donations not to
exceed $750.00 per annum in total,
·
LEC is authorized to make
charitable donations with a $50.00 limit per donation request and up to a limit
of $750.00 annually (i.e. ~10% of rebates) to be reviewed annually at a General
Membership Meeting
Article 13: Trustees
Section 13.1
Trustees shall be
elected at a general membership meeting and may not hold any other position in
the Local. Nothing, however, shall prevent a trustee from being elected as a
delegate to any union event or meeting.
Elections for Trustees shall be held every two years.
Section 13.2
The trustees shall be
responsible for examining all the books, records, and properties of their Local
at least twice a year. All Executive Officers of the Local are required to make
available all necessary documents to the Trustees on reasonable notice. The
Trustees shall make a report to the general membership following each audit.
Article 14: Amendments
Section 14.1
These By-Laws may be
amended or supplemented (including additions or deletions) by presenting the
amendments in writing to the LEC at least thirty (30) calendar days prior to a
general membership meeting. The amendments must be placed in full on the agenda
of the general meeting and publicized at least ten (10) calendar days prior to
the meeting. If approved by two-thirds of the membership present and voting,
the amendments will be considered adopted.
Section 14.2
These By-Laws and any
amendments, supplements, additions, or deletions to these By-Laws shall become
effective upon approval by the President of the