289-548-2544 info@cupe2544.ca

2544 Bylaws

Preamble

In order to improve the social and economic welfare of its Members without regard to sex, colour, race or creed, to promote efficiency in public employment and to manifest its belief in the value of the unity of organized labour, this Local of the Canadian Union of Public Employees (hereinafter referred to as CUPE) has been formed.

The following By-laws are adopted by the Local pursuant to, and to supplement, Appendix “B” of the CUPE Constitution, to safeguard the rights of all Members; to provide for responsible administration of the Local, and to involve as many Members as possible through the sharing of duties and responsibilities.

The following by-laws are adapted by the Local in order to recognize the diversification of job classification, which make up the Members of the Local. It is agreed that the following groups composing the Local are: A.V. Repairperson, Purchasing, LTSS, Bus Drivers, Custodial Staff, Food Services, Maintenance, Printing Department, School Attendants and Stores Department

The name of this Local shall be: Canadian Union of Public Employees, Local No. 2544 (Peel District School Board Employees). Chartered on August 20, 1981.

2.1 Secure adequate renumeration for the work performed and generally advance the economic and social welfare of its Members and of all workers

2.2 Support CUPE in reaching the goals set out in Article II of the CUPE Constitution

2.3 Provide an opportunity for its Members to influence and shape their future through free democratic trade Unionism

2.4 Encourage the settlement by negotiation and mediation of all disputes between the Members and their employer

3.1 Numbers of articles at the end of the sections or sub-sections refer to relevant articles of the current CUPE constitution which should be read in conjunction with these bylaws.

4.1 Regular Membership meetings shall be held each month excluding July & August on the second Saturday at 9:00 a.m.

4.2 If a statutory holiday, Remembrance Day, emergency meeting, or conference/convention/leadership meeting intervenes, the Executive Board shall give one week’s notice of any change in the date of the regular meeting.

4.3 Special Membership meetings may be ordered by the Executive Board or requested in writing by no fewer than sixty (60) Members. The President shall immediately call a special meeting when so ordered or requested and shall see that all Members receive a least forty-eight (48) hours’ notice of the special meeting and the subjects(s) to be discussed. No business shall be transacted at the special meeting other than that for which the meeting is called, and notice given.

4.4 A quorum for the transaction of business at any regular or special meeting shall be twenty (20) Members, including at least three (3) Members of the Executive Board.

4.5 The order of business at regular Membership meetings is as follows:
i) Roll Call of Officers
ii) Reading of Equality Statement & Acknowledgement of Indigenous Territorial Land
iii) Voting of New Members and Initiation
iv) Acknowledgement of Retirees
v) Reading of Minutes
vi) Matters Arising
vii) Treasurer’s Report
viii) Communications and Bills
ix) Reports of Committees and Delegates
x) Executive Board Report
xi) Nominations, Elections, or Installations
xii) Unfinished Business
xiii) New Business
xiv) Good of the Union
xv) Adjournment (Appendix B)

4.6 No Member shall be allowed to vote via proxy.

5.1 The Secretary-Treasurer shall pay all operating costs of the Local in a timely manner and will review and provide reports to the membership on a monthly basis.

5.2 The Secretary-Treasurer shall keep all records of funds and be able to provide any information to the Membership at any given GMM, when information is requested by a Member in good standing on the day of questioning.

5.3 Once annually, the Local will provide a detailed budget to the Membership at the January Membership meeting which will be debated and approved by the Membership. It will include all necessary monies needed to run the Local efficiently.

5.4 No amount of monies will be approved to be paid outside of the allocation(s) set by the membership through the approved budget, unless by way of motion carried at a membership meeting.

5.5 The Local will provide detailed reports to the Membership in the months of March, June and November as to the status of monies spent through the budget from January of that same year.

5.6 During the course of the fiscal year, should a budget line need additional funds above the set amount(s) allocated through the budget, the Local Executive shall bring forth a recommendation for additional funding at the first available GMM to be debated and approved by the Membership.

5.7 Once a budget is approved by the membership all Officers of the Local will adhere to it and be responsible for reasonable expenditures.

5.8 Up to one hundred dollars ($100.00) can be donated to any outside causes upon approval of the Executive Board.

5.9 Payment of Fringe Benefits;
i) The Local shall pay the premiums up to a maximum of six (6) months for any Member who has used up their sick once approved by the Executive Board.
ii) After receiving the first initial Fringe Benefit payment, a proof of Payment must be provided in order to qualify for the next Five (5) months of Fringe Benefits. Each month the member must provide proof of payment to receive the following month’s Fringe Benefits payment.
iii) If said Member needs further assistance, it must be taken to the General Membership for approval of such extension, but not to exceed an additional three (3) months with Proof of Payment provided. No further extension shall be granted.
iv) Awards received in favour of the Member(s), the Assistance Premium shall be returned to the Local at the discretion of the Executive Board.
v) Members receiving Workplace Safety & Insurance Benefits, Employment Insurance Benefits, Long Term Disability, Canada Disability Pension or OMERS Disability do not qualify.

6.1 The Officers of the Local shall be:
i) President
ii) 1st Vice President
iii) 2nd Vice President
iv) Secretary-Treasurer
v) Recording Secretary
vi) Three (3) Trustees
vii) Chief Steward
viii) Member-at-Large
ix) Health & Safety Chief Officer
x) Injured Worker Advocate Chief Officer
xi) Four (4) Stewards

6.2 All Officers of the Local shall be elected by the Membership
(Appendix B).

6.3 Should any Executive Board Member or Officer fail to answer the roll-call for three (3) consecutive General Membership Meetings (GMM) or three (3) Executive Board meetings without having submitted good reasons for those failures, that office shall be declared vacant and shall be filled by an election at the following Membership meeting (Appendix B).

7.1 The Executive Board shall consist of; President, 1st Vice President, 2nd Vice President, Secretary-Treasurer, Recording Secretary, Chief Steward, Member-at-Large, Injured Worker Advocate Chief Officer and Health & Safety Chief Officer (Appendix B).

7.2 The Executive Board shall meet at least once every month, except for the months of July and August (Appendix B).

7.3 A majority of the Executive Board constitutes a quorum.

7.4 The Executive Signing Officers shall hold title to any real estate of the Local as trustees for the Local. They shall have no right to sell, convey, or encumber any real estate without first giving notice and then submitting the proposition to a Membership meeting and having it approved.

7.5 The Executive Board shall do the work delegated to it by the Local and shall be held responsible for the proper and effective functioning of all committees.

7.6 All charges against members, must be made in writing and dealt with, in accordance with the provisions of the CUPE Constitution (Appendix B).

7.7 When an Executive Board Member or Officer applies for a management position within the Peel District School Board, they shall resign their office immediately.

Preamble
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 the Local (President, 1st Vice President, 2nd Vice President and Secretary-Treasurer) 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.

President, 1st Vice President, 2nd Vice President and Secretary-Treasurer must be named as the Trustees on any deed of real estate owned by Local 2544.

8.1 The President Shall:
i) Have taken a Parliamentary Procedure course;
ii) Have served as one other Officer of the Local;
iii) Enforce the CUPE Constitution and these bylaws;
iv) Preside at all Membership and Executive Board meetings and preserve order or have the ability to designate a VP to preside and preserve order at such meetings;
v) Decide all points of order and procedure (subject always to appeal to the Membership);
vi) Ensure that all Officers perform their assigned duties;
vii) Fill committee vacancies where elections are not provided for;
viii) Introduce new Members and conduct the initiation ceremony;
ix) Ensure the Local’s funds are used only as authorized or directed by the Constitution, bylaws, or vote of the Membership;
x) Be allowed necessary funds not to exceed three hundred ($300.00) monthly, to reimburse themselves or any Officer for expenses, supported by vouchers incurred on behalf of the Local;
xi) Have first preference as a delegate to all conventions / conferences;
xii) Shall communicate with the Executive Board;
xiii) Shall have the right to sit on any Standing Committee for the Local;
xiv) Shall have a credit card on behalf of the local to be utilized for union business only with a maximum limit not to exceed seven thousand, five hundred ($7,500.00) dollars.

 

8.2 The 1st Vice President shall:
i) Have taken CUPE training or such related union experience;
ii) Have taken a Parliamentary Procedure course;
iii) Have served as one other Officer of the Local;
iv) Perform all duties of the President if that Officer is absent or incapacitated;
v) Be acting President until a new President is elected, if the office of the President falls vacant;
vi) Render assistance to any Member of the Executive Board as directed by the President (Appendix B).

8.3 The 2nd Vice President shall:
i) Perform all the duties of the 1st Vice President if that Officer is absent or incapacitated;
ii) Be prepared to make reports and answer all related questions at General Membership Meetings;
iii) Render assistance to any member of the Executive Board as directed by the President (Appendix B).

8.4 The Secretary-Treasurer shall:
i) Preside over Membership and Executive Board meetings in the absence of the President and Vice President(s);
ii) 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;
iii) Prepare all CUPE National per capita tax forms and remit payment by the end of each month;
iv) Record all financial transactions in a manner acceptable to the Executive Board and in accordance with good accounting practices;
v) Make a financial report to the Membership at each monthly meeting;
vi) Be bonded, taking into account the assets of the Local and the amount of cash and cheques handled by the Secretary-Treasurer through the Master Bond held by the National Office;
vii) Any Secretary-Treasurer who cannot qualify for a bond shall be disqualified from this office;
viii) Pay no money unless supported by a voucher duly signed by two (2) signing officers
ix) Make all books available for inspection by the Auditors / Trustees on reasonable notice, and have books audited semi-annually. Within a reasonable time, respond in writing to any recommendations and concerns raised by the trustees.
x) Record and verify all Union excess time and provide to the Membership if requested;
xi) Provide the Trustees with any information they may need to complete the audit report forms by CUPE;
xii) Be empowered, with he approval of the President, to employ necessary clerical assistance to be paid for out of the Local’s funds;
xiii) Have knowledge of Bookkeeping and be willing to take appropriate courses as offered by the Union;
xiv) On termination of Office, surrender all books, records, and other properties of the Local to their successor (Appendix B);
xv) Have a credit card on behalf of the Local to be utilized for Union business only with a maximum limit not to exceed seven thousand, five hundred ($7,500.00) dollars;
xvi) Provide the Executive Board with a monthly report of all Union excess time and provide to the Membership if requested;
xvii) Have sent some token of the Local’s concern and desire to help when notified that a Member has been hospitalized for more than two (2) weeks. This amount shall not exceed one hundred, fifty ($150.00) dollars. This will be limited to once per contract year per Member or at the discretion of the Executive Board;
xviii) 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;
xix) 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;
xx) Make a full financial report to meetings of the Local Union’s Executive Board.

 

8.5 The Recording Secretary shall:
i) 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;
ii) The record shall also include Trustees’ reports;
iii) Shall provide the Sergeant-at-Arms with a bound ledger book (for attendance) that is kept in a secure area within the Union Hall at all times;
iv) Answer correspondence and fulfill other secretarial duties as directed by the Executive Board;
v) File a copy of all letters sent out and keep on file all communications;
vi) Prepare and distribute all circulars and notices to Members;
vii) Have all records ready on reasonable notice for Auditors and Trustees;
viii) Be empowered, with the approval of the President, to employ necessary stenographic or other assistance to be paid for out of the Local’s funds.

8.6 The Chief Steward shall:
i) Have taken the CUPE Basic Stewarding course;
ii) Organize and assist Stewards in settling complaints and problems of Members.
iii) Process all grievances in consultation with the President;
iv) Present all grievances to Management;
v) Record and file all correspondence relating to grievances;
vi) Keep Executive Board informed in all cases of current status, of grievances;
vii) Communicate with the President as necessary but no longer than 30 days;
viii) Make a report and answer all questions at Membership meetings;
ix) Perform any other duties assigned by the Executive Board.

8.7 The Member-at-Large shall:
i) Be able to fill any Executive Office temporarily when that position becomes vacant except that of President at which time the 1st Vice President shall take over;
ii) Perform the duties until relieved by a new election for the vacant position or the return of said Officer;
iii) Assist in any other duties as requested by the President.

8.8 The Health & Safety Chief Officer shall:
i) Be responsible to the Executive Board and Membership by making reports and being prepared to answer all related questions at the Executive Board and General Membership meetings;
ii) Organize and assist Stewards in settling complaints and potential issues for Members as related to Health and Safety;
iii) Process all Health and Safety issues for the Local;
iv) Keep accurate records and file all Health and Safety related correspondence.

8.9 The Injured Worker Advocate Chief Officer shall:
i) Operate under all applicable legislation;
ii) Assist Union Member at WSIB matters, forms and hearings;
iii) Assist Members in early return-to-work, i.e. modified work;
iv) Keep Executive Board informed in all cases of current status;
v) Make reports and answer all related questions at Executive Board and General Membership meetings;
vi) Organize Stewards assisting with issues related to injured workers and abilities.

8.10 The Stewards shall:
i) Assist the Chief Steward, Health & Safety Chief Officer and the Injured Worker Advocate Chief Officer as requested;
ii) Record and file with the Chief Steward, all correspondence relating to grievances;
iii) Report to the Chief Steward, Health & Safety Chief Officer and the Injured Worker Advocate Chief Officer when necessary;
iv) Be prepared to make a report and answer all questions if called upon by the Chief Steward, Health & Safety Chief Officer and Injured Worker Advocate Chief Officer at a General Membership meeting.

8.11 The Trustees shall:
i) 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 Standing Committees semi-annually;
ii) At the completion of their audit, the Trustees shall 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.
iii) Report their findings to the first Membership meeting following completion of each audit;
iv) Be responsible to report any monies that are paid out without proper constitutional or membership authorization;
v) Verify that proper financial reports are made to the Membership, audit the record of attendance;
vi) Inspect semi-annually any stocks, bonds, securities, office furniture, and equipment, and titles or deeds to property that may at any time be owned by the Local, and report their findings to the Membership;
vii) Use audit forms supplied by the National Office and send a copy of each semi-annual audit to the National Secretary-Treasurer and assigned servicing representative in accordance with the provisions of the CUPE Constitution (Appendix B).

8.12 The Sergeant-at-Arms shall:
i) Be appointed by the Executive Board and shall not be an officer of the Local;
ii) Guard the inner door at Membership meetings and admit no one other than Members in good standing or Officers of CUPE, except on the order of the President and by consent of the members present;
iii) Ensure appropriate bound numbered ledger book is used for attendance;
iv) Assist in maintaining the record of Membership attendance at meetings;
v) Perform such other duties as may be assigned by the Execute Board from time-to-time.

8.13 The Signing Officers shall:
i) Be the Secretary-Treasurer, President & Vice Presidents.

9.1 Annual
i) The following expense allowances are provided:
a) President $1000.00 per annum
b) Vice Presidents $750.00 per annum each
c) Secretary-Treasurer $750.00 per annum
d) Recording Secretary $750.00 per annum
e) Chief Steward $750.00 per annum
f) Member-at-Large $450.00 per annum
g) Health & Safety Chief Officer $750.00 per annum
h) Injured Worker Advocate Chief Officer $750.00 per annum
i) Trustees Three (3) $100.00 per annum
j) Stewards Four (4) $100.00 per annum
k) Sergeant-at-Arms $100.00 per annum

ii) All annual-out-of-pocket expenses shall be pro-rated to the length of term in office. When on leave of absence from Union business, sick or WSIB the annual out-of-pocket-expenses must be pro-rated. Reference Section 12.3

All Officers shall be active in the business of the Local to qualify for annual-out-of-pocket expenses.

9.2 Out-of-Pocket Expenses
i) All expenses incurred for the transaction of Union business must be verified with Voucher and receipts and reported to the Membership.
ii) All out of pocket expenses over Six Hundred dollars ($600) must be approved by the Membership before reimbursement can be made to the Member.
iii) All out of pocket expenses will be paid once a month.
iv) Mileage will be as per the CRA (Canadian Revenue Agency) car fixed rate for all mileage and operating costs;
v) Mileage will be paid to Officers performing Union business

10.1 Initiation Fee; each application for Membership in the Local shall be directed to the Secretary-Treasurer and shall be accompanied by an initiation fee of One dollar ($1.00), which shall be in addition to monthly dues. The Secretary-Treasurer shall issue a receipt. If the application is rejected, the fee shall be returned (Appendix B).

10.2 Re-admittance Fee – The re-admittance fee shall be Ten Dollars ($10.00) (Appendix B).

10.3 Monthly Dues – The monthly dues shall be one point three (1.3%) percent of the gross monthly earnings (including all overtime hours) in the current collective agreement as per Schedule “A” (Article B). Changes in the level of the initiation fee, the re-admittance fee, or the monthly dues can be affected only by following the procedure for amendment of these By-laws (see Section 17.2) with the additional provision that the vote must be by secret ballot (Appendix B).

10.4 Notwithstanding the above provisions, if the CUPE Convention raises minimum fees and/or dues above the level herein established, these By-laws will be deemed to have been automatically amended to conform to the new CUPE minimum.

10.5 Special assessments may be levied in accordance with (Appendix B) of the CUPE Constitution.

11.1 Any Member taking authorized leave of absence other than medical leave will be required to pay union dues accumulated in arrears during their absence, on the date of re-admittance.

11.2 Any member in arrears for a period of three (3) months shall be automatically suspended. The suspension shall be reported to the Executive Board by the Secretary-Treasurer. The Executive Board shall report to the next membership meeting with a recommendation.

11.3 Any member under suspension wishing to be reinstated, shall, upon application, pay the re-admittance fee, plus any dues and assessments in arrears. This money will be returned if the application is rejected. If a Member has been unemployed or unable to work because of sickness, they shall pay the re-admittance fee but not be required to pay the arrears (Appendix B).

12.1 Nominations:
i) Nominations for General Elections shall be received at the regular Membership meeting held in November;
ii) A member may be nominated if not at the meeting only if they have allowed their consent by Proxy in writing duly witnessed by another Member. The written consent must be submitted to the Recording Secretary prior to the nomination meeting;
iii) No Member shall be eligible for nomination if they are in arrears of dues and/or assessments.

12.2 Elections:
i) At a Membership meeting at least one (1) month prior to Election Day the President shall, subject to the approval of the Members present, appoint an Elections Committee consisting of a Returning Officer to act as Chair and assistant(s);
ii) The Committee shall include Members of the Local who are neither Officers nor Candidates for office and can be retirees. It shall have full responsibility for voting arrangements and shall treat information submitted to it in connection with its responsibilities as confidential;
iii) 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;
iv) The Returning Officer and Assistant(s) shall be responsible for issuing, collecting and counting ballots. The Member’s must be fair and impartial and see that all arrangements are unquestionably democratic;
v) The voting shall take place at the regular Membership Meeting in December. The vote shall be by secret ballot;
vi) No Member shall be elected unless the member is in attendance at the meeting;
vii) Voting to fill one office shall be conducted and completed and recounts dealt with before balloting may begin to fill another office;
viii) A majority of votes cast shall be required before any candidate can be declared elected and second subsequent ballots shall be taken if necessary to obtain a majority. On the second and subsequent ballots, the candidate receiving the lowest number of votes in the previous ballot shall be dropped. In 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 event the tie vote persists, subsequent ballots may be deferred to the next membership meeting;
ix) 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 declared spoiled;
x) Any Member may request a recount of the votes for any election and a recount shall be conducted if the request is supported in a vote, by at least the number of Members equal to the quorum for a Membership Meeting as laid down in Section 4.4;
xi) No proxy votes will be accepted.

12.3 Installation:
i) All duly elected Officers shall be installed at the meeting at which elections are held and shall continue in office for two (2) years or until a successor has been elected and installed, provided however, that no term of office shall be longer than three (3) years (Appendix B);
ii) Should the term of office of the Executive Board and the Negotiating Committee expire during collective bargaining, the term of office shall automatically be extended to the date of ratification. (Appendix B);
iii) If the term of office is extended because of collective bargaining, the new elections must take place within thirty (30) days of ratification. The term of office for the officials elected as above shall be two years less the extended time served by the previous Executive Board and Negotiating Committee due to the collective bargaining process. All annual-out-of-pocket expenses shall be pro-rated;
iv) The terms of office for Trustees shall be for three (3) years – two (2) years – one (1) year, as laid down in (Appendix B) of the CUPE Constitution.

12.4 By-Elections:
i) Should an office fall vacant pursuant to Section 6.3 of these By-laws or for any other reason, the resulting by-election Nomination(s) and Election(s) shall take place at the next Membership meeting

13.1 Except for the President’s option (Section 8.1.xii); two (2) executive members shall be delegates to Conventions/Conferences/Leadership Meetings, all other delegates shall be nominated and elected by the Membership at a General Membership Meeting;

13.2 Leadership Meeting attendees shall be appointed by the Executive Board, on a need to attend basis.

13.3 The Local will not send more than the maximum allotted delegates to any Convention/Conference/Leadership Meetings;

13.4 The Local belongs to the Ontario Division of CUPE and Peel District CUPE Council

13.5 All delegates attending Conventions / Conference inside the Region of Peel shall receive Seventy Five Dollars ($75) per day per diem per day and outside of region of
Peel shall receive One Hundred Dollars ($100) per diem per day;

13.6 All delegates attending Education inside the Region of Peel shall receive Fifty Dollars ($50) per diem per day and outside of Region of Peel shall receive a Seventy Five Dollars ($75) per diem per day;
i)
When attending education and notice is given on the registration that meal(s) are provided, the following deductions shall be made to the per diem that is issued.
Inside Region of Peel
Breakfast – Ten Dollars ($10)
Lunch – Fifteen Dollars ($15)
Dinner – Twenty-Five Dollars ($25)

Outside Region of Peel
Breakfast – Fifteen Dollars ($15)
Lunch – Twenty-Five Dollars ($25)
Dinner – Thirty-Five Dollars ($35)

13.7 All delegates attending Leadership meetings inside the Region of Peel on weekends shall receive Fifty Dollars ($50) per diem per day and outside the Region of Peel shall receive Seventy-Five Dollars ($75) per diem per day;

13.8 Any delegate attending Convention, Conference, Education and Leadership meetings outside of the Region of Peel shall have reasonable accommodation made on their behalf. When possible, shared accommodation should be encouraged;

13.9 When traveling to Conventions, Conferences, Education and Leadership meetings, delegates should car-pool whenever possible. The Local will cover all cost (i.e.; Gas, Insurance and rental) of a rental vehicle for car-pooling if requested;

13.10 All mileage for delegates attending Conventions, Conferences, Education and Leadership meetings shall be paid, as per section 9.2.

14.1 Negotiating Committee:
i) This shall be a special ad hoc committee established at least six (6) months prior to the expiry of the Local’s Collective Agreement and automatically disbanded when a new Collective Agreement has been ratified.
ii) The committee shall consist of: President, 1st Vice President, Chief Steward, Recording Secretary, Secretary-Treasurer plus three (3) Members elected by the Membership, one of which shall be a School Attendant, one of which shall be a Maintenance Member, and one of which shall be a Custodian, where possible. An additional representative may be added from the Membership by a majority vote at the Membership Meeting;
iii) The function of the committee is to prepare collective bargaining proposals and to negotiate a Collective Agreement;
iv) There will be a CUPE National Representative assigned to the Local, that will be a non-voting member of the committee and shall be consulted at all stages, from formulating proposals through negotiations to contract ratification by the Membership;
v) The overall chairperson or spokesperson of the Negotiating Committee shall be the President of the Local or Designate.

14.2 Standing Committees:
The Chairperson of each Standing Committee shall be elected by the committee. The Chairperson and the Executive Board may, with the concurrence of the Membership jointly appoint other Members to serve on a committee. There shall be four (4) standing committees as follows:
i) Grievance Committee:
a) This committee shall process all grievances and its reports shall be submitted first to the Executive Board and then to a Membership meeting. Grievances must be in writing on the forms provided by the National Office and be signed by the complainant(s), as provided for in the Collective Agreement. The Committee shall be comprised of the elected Chief Steward, Stewards. The Chief Steward shall present reports to the Executive Board on behalf of the committee.

 

ii) Social Committee:
a) It is the function of this Committee to arrange and
conduct all social and recreational activities of the Local either on the Committee’s own initiative or as a result of the decisions taken at membership meetings.
b) The Committee shall submit reports and proposals to the Executive Board and/or to the membership
c) A ceiling for the Committee’s net expenditures shall be fixed annually by the EI Rebate. The Executive Board shall be responsible for the proper and effective functioning of this committee.
d) A draw will take place at the November and December general membership meeting which will consist of Twenty-five (25) – Twenty-five Dollar ($25) prizes. To be eligible for these draws you must be a member in good standing, hold a current membership card, a Retired Member of the Local that holds a CUPE Honorary Retiring Card and be present at the time of the draw.
***(Clarification required by CUPE National) **

iii) Health & Safety Committee:
a) This Committee shall operate under all applicable legislation clauses in the current Collective Agreement and direction given by the Membership.
b) The committee shall be responsible to the Executive Board and the membership Section 8.8

iv) Retiree Committee:
a) Any Retiree that is the holder of an Honorary Retiring Card (Appendix B) can sit on the Retiree Committee.
b) The committee shall be responsible to the Executive Board and provide reports that shall be submitted first to the Executive Board and then to a Membership Meeting.
c) The committee shall consist of a minimum of three (3) retirees. One (1) of which will be elected amongst the committee as Chair.
d) The Executive Board will appoint a member of the Executive Board to be a Liaison to the committee.

15.1 No Collective Agreement shall be executed on behalf of Local 2544 except as hereinafter provided.

15.2 After negotiations have resulted in a memorandum of agreement between the employer and the Negotiating Committee on the terms of a proposed collective Agreement, the terms of the proposed Collective Agreement must be submitted to a ratification vote by the Members.

15.3 The Negotiating Committee shall determine the form of the ballot and ensure that sufficient quantities are made available in good time to the Chief Scrutinizer. The Negotiating Committee shall endeavor to schedule this meeting on a Sunday.

15.4 The Chief Scrutineer and any other Scrutineers deemed necessary shall be chosen by the Negotiating committee and approved by the Members present at the ratification meeting. The Chief Scrutineer and Scrutineers shall be responsible for issuing, collecting and counting ballots. They must be fair and impartial and see that all arrangements are unquestionably democratic.

15.5 The proposed Collective Agreement shall be deemed to be ratified by the Members of Local 2544 only if a majority of Members who cast ballots indicated their approval of the terms of the proposed Collective Agreement.

15.6 The voting shall be by ballots cast in such a manner that a Member expressing his choice as to whether or not the proposed Collective Agreement should be ratified, cannot be identified with the choice expressed.

All meetings of the Local shall 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 By-laws as Appendix A. 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 A, the CUPE Constitution may provide guidance, but if the situation is not dealt with there, Bourinot’s Rules of Order shall be consulted and applied.

17.1 These By-laws 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 By-laws and the CUPE Constitution, the latter shall govern. Constitutional interpretation, including determination of conflict, is the prerogative of the National President (Appendix B).

17.2 These By-laws shall not be amended, added to or suspended except upon a majority vote at a regular meeting, or a special meeting called for that purpose. Provided that at least seven (7) days’ notice at a previous meeting or at least sixty (60) calendar days written notice has been given and further provided that such By-laws do not conflict with the constitution of the Canadian Union of Public Employees (Appendix B).

17.3 No change in these By-laws shall be valid and take effect until approved by the National President of CUPE. The validity shall date from the letter of approval of the National President (Appendix B).

17.4 The Local shall establish a By-Laws committee every Three (3) years, from the date of approval by the National President, to review these By-Laws and recommend any changes. The committee shall consist of; the Secretary-Treasurer, the Recording Secretary, and three Members elected at a General Membership Meeting.

18.1 Members in good standing shall be eligible to receive a one-time retirement gratuity of five hundred ($500.00) dollars upon official retirement from the Peel District School Board or members that are eligible for a buyout through their pension with minimum 30 years of service.

18.2 A minimum ten (10) years’ service with the Peel District School Board and age fifty-five (55) is required.

18.3 Eligible Member(s) shall request in writing to the Secretary-Treasurer and be present at a General Membership Meeting to sign a voucher, and to be presented with the retirement gratuity. This request must be made within 12mths of retiring date.

1. The President, or, in their absence the 1st Vice President shall take the chair at all Membership Meetings. In the absence of the President and the 1st Vice President, the 2nd Vice President shall take the chair at all Membership Meetings. In the absence of the President, the 1st Vice President, and the 2nd Vice President the Secretary Treasurer shall take the chair at all Membership Meetings. In their absence, a chair person shall be chosen from the remaining Executive Board Members for the pro-term.

2. No Member except the Chairperson of a committee making a report or the mover of a resolution, shall speak more than three (3) minutes, or more than once on the same question without the consent of the Members or until all who wish to speak have had an opportunity. Chairpersons and movers of a resolution shall be limited to five (5) minutes, except with the consent of the membership.

3. The President shall state every question coming before the Local, and before allowing debate thereon, and again immediately before putting it to a vote, shall ask: “Is the Local ready for the question?” Should no Member rise to speak, the question shall then be put to the Members.

4. A motion to be entertained by the presiding officer must be moved and seconded; both mover and seconder must rise and be recognized by the chair.

5. A motion to amend, or to amend an amendment, shall be in order, but no motion to amend an amendment to an amendment shall be permitted. No amendment, or amendment to an amendment, which is a direct negative of the resolution shall be in order.

6. On a motion, the regular order of business may be suspended by a two-thirds vote of those present to deal with any urgent business.

7. All resolutions and motions other than those named in Rule 17 or those to accept or adopt the report of a committee shall if requested by the presiding officer, be presented in writing before being put to the Local.

8. At the request of any member and upon a majority vote of those present, a question may be divided into two or more separate motions (must be able to stand on their own).

9. Any Member having made a motion can withdraw it with the consent of the seconder, except that any motion once debated, cannot be withdrawn except by a majority vote of those present.

10. When a Member wishes to speak on a question or to make a motion, they shall rise in their place and respectfully address the presiding officer, but they shall not proceed further until recognized by the chair, (except to state that they rise to a point of order or on a question of privilege).

11. When two or more Members rise to speak at the same time, the presiding officer shall decide which one is entitled to the floor.

12. Every Member while speaking shall adhere to the question under debate and avoid all personal, indecorous, or offensive language, as well as any poor reflection on the Local or Member thereof.

13. If a Member while speaking is called to order, they shall cease speaking until the point is determined; if it is decided they are in order, they may again proceed.

14. No religious discussion shall be permitted.

15. The President shall take no part in debate while presiding but may yield the chair to the 1st Vice-President in order to speak on any question before the Local, or to introduce a new question.

16. The presiding officer shall have the same rights as other Members to vote on any questions. In case of a tie, a second and subsequent vote(s) will be taken if necessary, until a majority of votes cast carries the motion. In the event the tie vote persists, subsequent voting may be deferred to the next membership meeting or declared lost by the Presiding Officer;

17. When a motion is before the Local, no other motion shall be in order except one (1) to adjourn; two (2) to put the previous question; three (3) to lay on the table; four (4) to refer; five (5) to postpone for a definite time; six (6) to divide or amend which motions shall have precedence in the order named. The first four (4) of these shall be decided without debate.

18. A motion for the previous question, when regularly moved and seconded, shall be put in this form: “Shall the main question be now put?” If it is adopted, the President or Designate, shall proceed to take the vote on the resolution and amendments thereto (if any) according to their priority. If an amendment or an amendment to an amendment is adopted, the original resolution, as amended shall be put to the Local.

19. A motion to adjourn is in order except One (1) when a Member has the floor, and Two (2) when Members are voting.

20. A motion to adjourn, having been put and lost shall not be in order again if there is further business before the Local until fifteen (15) minutes has elapsed.

21. After the presiding officer declares the vote on a question, and before the Local proceeds to another order of business, any Member may ask for a recount. A standing vote shall then be taken, and the Sergeant-at-Arms shall count the same.

22. If any Member wishes to challenge (appeal) a decision of the chair, they must do so at the time the decision is made. If the challenge is seconded, the Member shall be asked to state briefly the basis for their challenge. The chairperson may then state briefly the basis for their decision, following which the chairperson shall immediately and without debate put the question: “Shall the decision of the chair be sustained?” A majority vote shall decide except that in the event of a tie, the chair is sustained.

23. After a question has been decided, any two (2) members who have voted in the majority may at the same or next meeting move reconsideration thereof.

24. No Member shall enter or leave a meeting during the reading of the minutes, the initiation of new Members, the installation of Officers, or the taking of a vote, and no Member shall be allowed to leave without the permission of a Vice-President.
25. The Local’s business and proceedings of meetings are not to be divulged to any persons outside the Local or the Canadian Union of Public Employees.