Local 25 Bylaws
Jun.1, 2000
INDEX
Article
1. Name
2. Jurisdiction
3. Objects
4. Local Structure
5. Membership
6. Governing Authority
7. The Executive Board
8. Local Committees
9. Oath of Office
10. Meetings
11. Order of Business
12. Conduct of Meetings and Other Local Business
13. Local Delegates to National Convention
14. Election Committee Rules and Procedures
15. Referendum of the Local
16. Charges, Trials and Appeals
17. Recall of Local Officers
18. Local Dues and Assessments
19. Fiscal Year and Audit
20. Amendments to Local Bylaws
LOCAL 25,CEP BYLAWS
Article 1
NAME
This Local shall be known as LOCAL 25, COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA, hereinafter referred to as "LOCAL 25, CEP" or "THE LOCAL".
Article 2
JURISDICTION
Jurisdiction of the Local shall be the jurisdiction assigned by the National Union of the Communications, Energy and Paperworkers Union of Canada (hereinafter referred to as "The Union") and appearing on the face of the Local charter.
Article 3
OBJECTS
The objectives of THE LOCAL shall be to represent and serve the workers within its jurisdiction in accordance with the Bylaws and Rules of the Local and the Constitution of The Union (hereinafter referred to as the “Constitution”) and policies of the Union. The Local shall remain responsible to the Local membership including the protection of the confidentiality of membership information.
Article 4
LOCAL STRUCTURE
The structure of the Local shall consist of the following:
(1) Membership (Members in good standing, hereinafter referred to as “Members”)
(2) Executive Board
(3) Committees
Article 5
MEMBERSHIP
Section 5.1
Eligibility
Any person eligible for membership in the Communications, Energy and Paperworkers Union of Canada (CEP), as defined in Article 5 of The Union Constitution, shall be eligible for membership in the Local, if performing work within the Local's assigned jurisdiction, or if employed by the Union, a Local, or a Labour Organization representing persons within the jurisdiction of the Local
Section 5.2
Application
Membership in the Local shall be obtained after payment to the Local of a nonrefundable initiation fee of $2.00, or $5.00 if having been paying dues to the Union for a period exceeding six months, and upon approval of the Local membership committee authorized to accept or reject membership on behalf of the Local, subject to the right of the Local to overrule any decision of the membership committee. All applicants for membership in the Local must attend a Local Membership Meeting within six meetings of the posting of their application in order to be considered for membership. Exceptions may be made on a case by case basis for applicants unable to attend meetings for valid reasons. In such cases the membership committee may approve membership, subject to the right of the Local to overrule the decision of the membership committee. An applicant for membership in Local 25, CEP whose application has been denied by the Local membership, shall not be allowed to re-apply for membership until one calendar year from the date of such denial.
Members accepting acting or temporary management positions relinquish all membership rights until such time as they are duly accepted back into the membership of the Local. Members returning from acting or temporary management assignments of less than 6 months must notify the local membership committee of their desire to be reinstated as a member of the Local. The membership committee has the right to reinstate membership, or not, subject to the right of the Local to overrule the decision of the committee. Anyone returning from acting or temporary management assignment of 6 months or longer, or permanent management assignment of any duration, may apply for membership in the Local following the normal application for membership procedures. All membership applicants must swear an oath of allegiance found in Article 5 of the Constitution before being admitted to full membership.
Section 5.3
Transfers
The transfer of membership between locals of CEP shall be made in accordance with Article 5 of the Union Constitution.
Section 5.4
Termination
Termination of membership in Local 25, CEP, shall be in accordance with these bylaws and Articles 5 and 17 of the Constitution.
Article 6
GOVERNING AUTHORITY
Section 6.1
Membership
The affairs of the Local shall be governed by its membership in accordance with these bylaws and the Constitution and policies of the Union in the following manner:
(a) Through actions taken at membership meetings or by referendum of the membership.
(b) Through actions and decisions of the Executive Board between membership meetings, subject to the right of the Local to overrule the action or the actions and decisions of the Executive Board.
Section 6.2
Local Executive Officers
The Officers of the Local shall be:
(1) President
(2) Vice-President
(3) Secretary
(4) Treasurer
(5) Chief Stewards (4)
Section 6.3
Duties
The duties of Local officers shall be as follows:
1) The President shall:
a) Be responsible for the overall conduct of the Local’s business.
b) Preside at the Local membership and Local Executive Board meetings.
c) Countersign all cheques drawn on the Local Treasury, or in his/her absence, ensure another officer is authorized to countersign cheques
d) Be the official spokesperson for the Local.
e) Be the first delegate and head of delegation to all CEP, CLC, OFL, and subsidiary body conventions.
f) Perform whatever additional duties as may be assigned by the Local or required by the policies or Constitution of the Union.
2) The Vice-President shall:
a) Work under the direction of the Local President.
b) Assume the duties of the President in his/her absence.
c) Perform whatever duties as may be assigned by the Local, the Executive Board, or the Local President.
d) assist all local committees
3) The Secretary shall:
a) Maintain an up-to-date record of the Local Membership.
b) Record and maintain the minutes of all meetings of the Local and the Local Executive Board.
c) Furnish the President and regional Vice-President of the Union with copies of any changes in the Local Bylaws within thirty (30) days of such changes being made.
d) Perform such other duties as may be assigned by the Local, the Local Executive Board, or the Local President
.
4) The Treasurer shall:
a) Be custodian of all assets of the Local.
b) Report to each membership meeting on the financial status of the Local.
c) Be bonded, as must any other person who handles the Local’s funds or other property in accordance with the Union Constitution or any law.
d) Cause the payment of all bills approved by the Local President.
e) Deposit moneys of the Local in such bank or financial institution as designated by the Local Executive.
f) Prepare an annual budget.
g) Perform such other duties as may be assigned by the Local, the Local Executive Board, or the Local President.
5) The Chief Stewards shall:
a) Investigate, process, and prosecute grievances and complaints to their conclusion.
b) Be members of the local grievance committee.
c) Familiarize all stewards with the provisions of the Collective Agreement and advise them on grievance handling.
d) Keep stewards informed on the activities of the Local and the Union through regular steward's meetings.
e) Perform such other duties as may be assigned by the Local, the local Executive Board, or the Local President
Section 6.4
Local Stewards
There shall be as many stewards as the Local deems necessary up to the maximum allotted by the National Union. Stewards shall be elected by the group of members they shall represent; however, where the members fail to elect a steward, the Local Executive may appoint one, subject to the right of the Local membership to overrule such appointment. The duties of the Local steward shall be as follows:
(1) To become familiar with all provisions of the Collective Agreement and thoroughly investigate all grievances and complaints coming within his/her jurisdiction
(2) To be completely familiar with the grievance procedure
(3) To receive complaints and grievances from any member of the bargaining unit they represent and make every effort in conformity with the grievance procedure to satisfactorily settle grievances and complaints
(4) To refer to a Chief Steward in a timely manner, all complaints and grievances that have not been satisfactorily settled
(5) To forward all complaints and grievances settled satisfactorily to the grievance committee
(6) To turn over all papers, documents funds or other property of the Local at the conclusion of his/her term of office to the Local or to his/her successor in office.
(7) To attend steward's meetings.
(8) Perform other such duties as may be assigned by the Local or the Executive Board. Stewards shall be nominated and elected or appointed, for a period of two years in the months of January, February and March of each odd numbered year and assume the duties of steward as of April 1st of that year. When a vacancy occurs in the position of steward, a successor shall be elected or appointed to complete the term, as soon as possible, as provided in these by-laws and the Election Committee rules and procedures.
Article 7
THE EXECUTIVE BOARD
Section 7.1
Nominations and Elections
Nominations and elections will be done according to Article 14 Section 5.
Section 7.2
Vacancies
(1) A vacancy in the office of Local President shall be filled by election within sixty (60) days. The First Vice-President shall assume all responsibilities of the office of Local President until a successor Local President has been elected and sworn in. (2) Vacancies in other Local offices shall be filled in the same manner as that required for regular elections and within sixty (60) days, except that the Executive Board, subject to membership approval, may appoint a member of the Local to the vacant position for the duration of the term of office.
Article 8
LOCAL COMMITTEES
Section 8.1
Committees
The Local may have the following regular committees:
(1) Membership Committee
(2) Organizing Committee
(3) Election Committee
(4) Education Committee
(5) Union Counseling Committee
(6) Trustee Committee
(7) Social Committee
(8) Health and Safety Committee
(9) Bylaws Committee
(10) Grievance Committee
(11) Women's Committee
(12) Hardship Committee
Section 8.2
Committee Members
Members of all committees shall be elected in September, October or November of every odd numbered year, or appointed by the Local Executive Board, subject to the right of the Local membership to overrule such appointments. A member of any Local committee may be removed by a majority vote of the Local Executive Board, subject to the right of the Local membership to overrule the action of the Local Executive Board. A committee member may also be removed by action of the Local at a membership meeting.
Section 8.3
Duties of Committees
(1) The Membership Committee shall accept or reject membership applications in accordance with the Bylaws and Rules of this Local and Article 5 of the Constitution and policies of the Union. The committee shall also assist the Local secretary in maintaining a record of the Local membership.
(2) The Organizing Committee shall assist the Local officers and members in organizing all eligible non-members within the Local’s jurisdiction.
(3) The Election Committee shall conduct all nominations, elections and referenda of the Local.
(4) The Education Committee shall assist in developing the Local’s educational program and with the Local officers be responsible for effectuating the Union's and the Local's educational programs.
(5) The Union Counseling committee shall assist in the development of community services programs within the Local and advise members on how to make use of available community services.
(6) The Trustee Committee shall:
(a) Audit the books of the Local according to Article 12 of the Constitution and make a report of its findings to the Local membership.
(b) Make recommendations to the Local officers and to the membership of methods or procedures intended to enhance the Local's financial situation.
(c) Assist the treasurer in preparing an annual budget and perform quarterly Audits.
(7) The Social Committee shall deal with all social activities of the Local.
(8) The Local Health and Safety Committee shall deal with all health and safety matters
pertaining to members of the Local, with the understanding that some items will have to be referred to the Bell Corporate Safety and Health Committee, or the Safety and Health Committee of another bargaining unit. After being elected or appointed to the Local Health & Safety Committee, a member must complete a Health and Safety training course recognized by the Local before becoming a full member of the Local Health & Safety Committee.
(9) The Bylaws Committee shall work with the secretary of the local to ensure that the written record of the Local’s Bylaws is kept up-to-date.
(10) The Grievance Committee shall consist of the Chief Stewards and the local president. This committee shall review and process grievances to higher levels of management.
(11) The Women's Committee shall deal with women's issues raised by members of the Local.
(12) The Hardship Committee’s duties include administration of the Hardship Fund using
criteria detailed by the Local Executive
Article 9
OATH OF OFFICE
Each elected officer of the Local, after meeting all other qualifications, shall be duly installed after responding " I do." to the following oath:
"Do you solemnly affirm to faithfully execute the office to which you have been elected, and will, to the best of your ability preserve, protect and defend the Constitution of the Communications, Energy and Paperworkers Union of Canada, and upon completion of your term of office, deliver to your successor all Union books, papers and property that may be in your possession?"
Article 10
MEETINGS
Section 10.1
Local Meetings
Regular meetings of the Local shall normally be held on the first Wednesday of each month at 6:00 p.m. If there is no quorum for the June meeting, the local executive can suspend business for the two summer months of July and August, however, there shall be a minimum of ten (10) meetings called every year.
Section 10.2
Special Meetings
Special meetings may be called by a majority vote of the Local officers, or by a petition signed by twenty (20) members. Upon the receipt of a proper petition, the Local officers shall call a special meeting to be held within ten (10) days.
Article 11
ORDER OF BUSINESS
The order of business at the Local meetings shall be as follows:
(1) Call to Order
(2) Roll Call of Officers
(3) Tabling of Agenda
(4) Reading and Action on Minutes of Previous Meeting
(5) Accepting Membership Applications
(6) Reports of Officers
(7) Reports of Committees
(8) Unfinished Business
(9) New Business
(10) Adjournment
The order of business may be suspended by a two-thirds (2/3) vote of the members present.
Article 12
CONDUCT OF MEETINGS AND OTHER BUSINESS OF THE LOCAL
Section 12.1
Membership Meetings
Membership meetings and any other business of the Local shall be conducted under these
Bylaws and rules of the Local, and in conformity with the Constitution. During membership meetings, on questions where the Local bylaws, the Local rules, or the Constitution do not clearly apply, Bourinot's Rules of order shall govern. The number of members in good standing constituting a quorum at the Local meetings shall be twenty (20).
Section 12.2
Other Meetings
A majority of the officers or a majority of the members of a committee shall constitute a quorum for those bodies.
Article 13
LOCAL DELEGATES TO THE NATIONAL CONVENTION
Section 13.1
The President
The President of the Local shall be Chairperson of the Delegation and the first delegate to all CEP, CLC, OFL, and subsidiary body conventions (i.e.: Regional Council meetings and Bargaining Caucus) and other delegates shall be elected by secret ballot vote at a membership meeting.
Section 13.2
Other Delegates
In the event the Local elects more than one delegate to Union or subsidiary body Conventions, the Local shall determine the convention votes assigned to each delegate in accordance with Article 8 of the Union Constitution. It shall be the duty of the Secretary of the Local to certify the Local delegates to the Union Convention to the Secretary -Treasurer of the Union within the limits specified in Article 8 of the Union Constitution.
Article 14
LOCAL 25 ELECTION COMMITTEE
RULES AND PROCEDURES
Section 14.1
PURPOSE
The purpose of these "Election Committee Rules and Procedures" is to provide a tool for the Election Committee and the members of the Local. The rules herein simply consolidate provisions, which are scattered throughout the Constitution and the Local Bylaws; the rules also provide standard procedures not dealt with by the Constitution or the Bylaws. The provisions of this document cannot supersede any clause of either the Constitution or the Local Bylaws.
Section 14.2
OBJECTS
The Election Committee of CEP Local 25, in order to fulfill its obligations must:
(1) Conduct all nominations, elections and referenda of the Local
(2) Establish, maintain and enforce the " Rules of Election" of the Local.
(3) Ensure that the " Rules of Election" conform with the requirements of the Constitution and Bylaws of the Local.
(4) Establish and provide all forms and ballots for Local elections.
(5) Determine the validity of all appeals and questions arising from an election or referendum, subject to the right of appeal to the Local Executive board, or the
Local membership.
Section 14.3
THE ELECTION COMMITTEE CODE OF ETHICS
(1) All members of the Election Committee shall be members of the Local in good standing.
(2) Members of the Election Committee shall not be eligible to run for any Local Executive
Board position.
(3) Members of the Committee wishing to run for an Executive Board position must submit his/her resignation in writing to the Chairperson of the Committee prior to the issue of the " Notice of Elections." If the Chairperson resigns he/she shall submit a resignation in writing to the 2nd Vice-President
(4) Members of the Committee wishing to be candidates in any elections of the Local other than for the Executive Board must refrain from active participation in the Election Committee for the duration of the election. Notice of intention to be a candidate in such elections must be made in writing to the chairperson of the Committee prior to the issue of the "Notice of Election". The chairperson shall submit notice in writing to the Vice-President.
(5) Members of this Committee shall remain impartial in all elections and referenda and shall not actively support a candidate or a viewpoint
.
Section 14.4
GENERAL RULES OF ELECTIONS
(1) All elections in the Local shall be conducted by secret ballot.
(2) Ballots must be marked as indicated, otherwise they shall be considered spoiled.
(3) Each candidate shall be allowed one (1) scrutineer, if so desired, when ballots are counted.
(4) All questions arising from the conduct of elections, and referenda and challenges of validity, shall be made to the Election Committee for clarification. Further appeals may be made to the Executive Board of the Local and/or the membership.
(5) Appeals must be submitted to the Election Committee in writing within five (5) days of the official announcement, and further appeals within five (5) days of a ruling.
(6) Full disclosure of all election and referenda results shall be made available to the membership of the Local.
(7) Ballots may only be destroyed when the deadline for appeals has lapsed or when all appeal procedures have been exhausted.
(8) If a tie renders any election indecisive, a run-off election shall be conducted and the nominees who tied for such position shall be automatic nominees on the next ballot.
(9) If, in the view of the Election Committee, certain provisions of these " Rules and Procedures " would prevent fair elections, alternate arrangements may be made with the approval of either the Executive board or the membership.
Section 14.5
THE ELECTION OF THE EXECUTIVE BOARD
(1) The Executive Board shall be nominated in the months of September and October of each even numbered year and elected in the months of November and December of the same year for a two (2) year term.
(2) Notice of election must be made at least fifteen (15) days prior to the closing date for nominations. This notice shall be made at a regular monthly meeting and posted on bulletin boards.
(3) The notice of election must provide details of the time and manner of submitting nominations. The notice shall also give notice of the election schedule.
(4) There shall be at least three (3) nominators on each nomination submitted and all parties must be members of the Local in good standing.
(5) Voting must be completed by December 31st of that year and the elected shall be sworn in and assume office no later than the first Executive Board meeting of the following year.
(6) All members of the Executive Board shall be elected simultaneously and candidates may seek only one (1) Office.
(7) The election of Local President, Vice-Presidents, Secretary, and Treasurer, shall be by
plurality vote. If a tie renders an election indecisive, a run-off election shall be conducted.
(8) In the election of Chief Stewards, since three Chief Stewards are to be elected, members shall be allowed up to three votes. The three candidates with the most votes shall be declared elected. If a tie renders the election indecisive, a run-off shall be conducted and the nominees who tied for such position on the first ballot shall be nominees on the second ballot.
(9) It shall be the duty of each member to ensure he/she has received a ballot prior to the voting deadline.
(10) The Election Committee shall determine the actual mechanics of the election within the provisions of these rules.
(11) The election Committee shall provide and be responsible for all forms and ballots, necessary for the election.
(12) The Election Committee shall provide an equitable forum for candidates to introduce themselves to the membership.
Section 14.6
THE ELECTION OF LOCAL STEWARDS
(1) Stewards shall be nominated and elected for a two (2) year term in the months of January, February, and March of each odd numbered year, or to fill a vacancy if an election is more than six (6) months away.
(2) Stewards shall be nominated and elected from and by the group they will represent.
(3) Notice by posting of such elections and the closing date for nominations must be made at least fifteen (15) days prior to the closing date for nominations.
(4) There must be at least three nominators who are members in good standing on each nomination form.
(5) Voting shall be by secret ballot and the final voting day must be within twenty-eight (28) days of the close of nominations and must also be specified on the " Notice of Election".
(6) Election of Stewards shall be by plurality vote. If a tie renders an election indecisive, a run-off election shall be conducted.
(7) It shall be the duty of each member to ensure that he/she is on the " Voting List" and that he/she/has received a ballot before the voting deadline.
(8) The returning officer, a member of the election Committee, shall determine the actual election logistics within the framework of these rules.
Section 14.7
ELECTION OF DELEGATES TO NATIONAL CONVENTION
(1) Delegates to the CEP Convention must be elected in time to provide sufficient notice to the
National Union.
(2) Delegates to Special Conventions shall be elected at least two (2) weeks prior to such a convention.
(3) The number of delegates to be elected shall be determined by the Constitution and the Local Bylaws.
(4) A plurality vote shall be held to determine these delegates and their alternates.
(5) In each ballot the eligible voters shall have one vote for each delegate to be elected. I.e. If six (6) delegates are to be elected, members may vote for six (6) different candidates, however a vote for any number of candidates, up to six will be allowed).
(6) Alternates shall be declared from the runners-up with the most votes.
(7) Should a tie render an election indecisive, a run-off election shall be held with the tied candidates as automatic nominees.
Section 14.8
ELECTION OF DELEGATES TO BARGAINING CAUCUS
(1) In order for a member of Local 25 to be an eligible candidate and stand for election as the Craft representative for the Toronto area on the Bargaining Committee, that person must first be elected as a delegate to the bargaining caucus for that round of bargaining.
(2) The number of delegates to the bargaining caucus, as set forth by the National convention, shall be determined by the number of members in the Local.
(3) The actual time of such elections shall be determined by the Election Committee but must be sufficiently prior to the preparations for bargaining.
(4) These delegates shall be elected by a plurality of members voting by secret ballot.
(5) The runner-up shall be declared as an alternate.
Article 15
REFERENDUM OF THE LOCAL
The Local election committee shall submit any question to a referendum of the membership when twenty percent (20%) of the membership of the Local have signed a petition containing the referendum question. Questions submitted to referendum shall be determined by a majority vote of those voting on the question.
Article 16
CHARGES, TRIALS AND APPEALS
Section 16.1
Charges
Members of the Local may be reprimanded, fined, suspended or expelled, in the manner provided in these Bylaws, for any of the offenses enumerated in Article 17 of the Constitution. Members of the Local may be reprimanded, fined, suspended or expelled for performing acting or temporary management work when the Craft and Services Collective Agreement has expired. Charges must be made in accordance with Article 17 of the Constitution.
Section 16.2
Trials
Any accused member of the Local, including officers, shall be tried under the provisions of Article 17 of the Constitution. A trial board of this Local shall be composed of three (3) persons, who are members in good standing of the Local and not party to the proceedings, and who shall be selected by the Executive Board of the Local.
Section 16.3
Appeals
A member or officer of the Local, upon being found guilty by a Local trial board, has the right to appeal as provided in Article 17 of the Constitution.
Article 17
RECALL OF LOCAL OFFICERS
Section 17.1
Recall Petition Against Local Officers
A petition for recall of an Officer of the Local:
(1) May be preferred by twenty percent (20%) of the membership of the Local;
(2) Shall be in writing and signed by the accusing members;
(3) Shall contain the description of the offense or offenses and the approximate dates
thereof;
(4) Shall be filed with the Secretary of the Local, provided, however, that a petition directed against the Secretary shall be filed with the President of the Local
Section 17.2
Suspension Pending Determination
A Local Officer against whom a petition for recall as provided for in this article has been filed for on grounds of embezzlement, larceny, or willful misapplication of Local assets, shall forthwith be suspended, pending the determination of the recall proceedings The Local shall cause a substitute to be appointed to serve in his or her stead during his or her suspension.
Section 17.3
Recall Procedure
Local Officers shall be recalled by an affirmative vote of two-thirds (2/3) of the members voting on the question in a referendum. The Election Committee shall mail the notice of referendum and the ballots to members within thirty (30) days of receipt of the recall petition.
Article 18
LOCAL DUES AND ASSESSMENTS
Section 18.1
Local Dues
Each member of the Local shall pay dues in the amount determined by a majority of those members in good standing voting on the question by secret ballot referendum, or by a majority secret ballot vote. Changes to the Local dues structure shall be made only by secret ballot referendum, or by a vote conducted at a regular or special meeting of the Local where a quorum is present, if the question has been advertised on bulletin boards at least twenty-one (21) days in advance of the meeting or by notice mailed to each member at least twenty-one (21) days in advance of the meeting.
Section 18.2
Local Special Assessments
The Local may levy a special assessment only in the same manner as provided for changing the dues. However, any special assessment levied shall be in compliance with Article 6 of the Constitution.
Section 18.3
Defence fund surcharge
Proposed by F.Bedell-second by Ian Sherrif
Motion carried
Proposed 01/02/07 passed 01/03/07
In alignment with our National Constitution 6.02.01.02 which reads:
At any point in time, if the balance in the defence fund falls below (10) million Dollars, the per capita shall be increased to 90/100 of 1% (90%). Such increase shall become effective on the first day of the 3rd month following the month in which the balance falls below (10) million dollars, remain in effect until the end of the third month following the month in which the balance of the defence fund exceeds (20) million dollars.
Section 18.4
Any dues increase past in compliance with Article 6 of our Constitution shall become effective immediately to the members of Local 25 in their dues payment.
Article 19
FISCAL YEAR AND AUDIT
(1) The fiscal year of the Local shall be from January 1st of each year up to and including December 31st of the same year.
(2) The financial records of the Local shall be audited by the Trustee Committee as frequently as required by Article 12 of the Constitution. The results of such audits shall be forwarded to the Secretary/Treasurer of the Union, and made available for inspection of any member of the Local.
(3) A budget shall be prepared no later than February of each fiscal year. This budget will be presented to the membership for their approval at a monthly membership meeting.
(4) Notwithstanding Article 17, budget amounts cannot be exceeded by more than $1,500 without taking the matter to the membership in a mailed ballot referendum. This bylaw provision cannot be amended or repealed without a mailed ballot referendum of the membership
Article 20
AMENDMENTS TO LOCAL BY-LAWS
After adoption, these by-laws may be amended by either of the following methods.
(1) Majority vote of the members present at a Local meeting, if the proposed
amendment has been introduced at a previous membership meeting and has been posted on bulletin boards at least seven (7) days in advance of the meeting.
(2) Referendum of the membership.