CANADIAN UNION of POSTAL WORKERS

Breton Local 117 By-Laws

TABLE OF CONTENTS:

ARTICLE 1

NAME AND COMPOSITION

1.1    Subject to and in accordance with the provisions of the National Constitution of the Canadian Union of Postal Workers, the following By-Laws shall apply to all members of Breton Local.

1.2    The name of the Union shall be the Canadian Union of Postal Workers, Breton Local, 117, hereinafter referred to as the Local.

1.3    The Local shall be affiliated to the Nova Scotia Federation of Labour and the Cape Breton and District Labor Council.

1.4    The Local is composed of the members as a whole. It is comprised of a Local Executive Committee, which shall consist of members in good standing. At no time shall there be less than three members on the Committee.

1.5    The members, at a regular monthly meeting or by a referendum vote authorized by the members at a regular monthly meeting, are the supreme authority of the Local.

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ARTICLE 2

OBJECTIVES

2.1    The objectives of the local shall be:

(a)    to improve the general well-being of the members and, in particular, the wages, hours of work, working conditions;

(b)    to promote the fundamental principals of trade unionism and the improvement of conditions of all workers.

(c)    to defend the rights and benefits acquired by the Union; and

(d)    to ensure the members realize that the power of the Union rests on their collective strength.

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ARTICLE 3

ELIGIBILITY FOR MEMBERSHIP

3.1    An employee of Canada's postal system, communications and related services, who does not perform managerial functions, and any employee in the public, semi-public and private sectors, who does not perform managerial functions, is eligible for membership in the Union under the following conditions:

(a)    signs an application for membership card;

(b)    undertakes to comply with the Constitution, local by-laws and policies of the Union;

(c)    pays the initiation fee; and

(d)    is accepted by the Local.

EQUAL RIGHTS

3.2    All members of the Union enjoy equal rights, and this is without discrimination.

RIGHTS AND DUTIES OF MEMBERS

3.3    The status of a member in good standing enables the member in good standing to:

(a)    attend general and special meetings of the Union;

(b)    vote at general and special meetings of the Union;

(c)    vote on national referenda;

(d)    represent the Union or Local as a delegate;

(e)    hold office in the Union;

(f)    exercise any other rights afforded under the Constitution and by-laws of the Local.

Each member shall comply with the Constitution and policies of the Union and with the by-laws of his/her Local. He/She shall pay monthly union dues as provided. He/She shall also pay without delay any assessment imposed in accordance with the Constitution.

LOSS OF STATUS OF MEMBER
IN GOOD STANDING AND REINSTATEMENT

3.4    Conditions relating to the loss of membership status and reinstatement in the Union shall be as outlined in section 1.07 through 1.20 in the National Constitution.

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ARTICLE 4

DUES AND INITIATION FEES

4.1    Dues to the Local shall be fixed by membership decision and provision of same included in the by-laws, except that in no case may such dues be less than that set out by the National Constitution.

4.2    The Local shall require from any new member an initiation fee of $5.00. The initiation fee is the property of the Local. During organizing campaigns, the initiation fee will be the same as that required under the relevant legislation.

4.3    Each member shall comply with the National Constitution and policies of the Union and the by-laws of the Local. He/She shall pay monthly union dues as provided. He/She shall also pay, without delay, any assessment imposed in accordance with the National Constitution.

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ARTICLE 5

LOCAL EXECUTIVE COMMITTEE

5.1    The Local Executive Committee (hereinafter referred to as Executive Committee) shall consist of five (5) officers. These officers shall be President, Vice President, Treasurer, Secretary, Chief Shop Steward.

5.2    The Executive Committee shall:

(a)    be responsible for the direction and administration of the Local in line with the orientation decided by the members according to the Constitution, the resolutions adopted at regular membership meetings or the mandates via referendum;

(b)    have the obligation to enforce the National Constitution;

(c)    be responsible for all representations before the employer;

(d)    be responsible for all public statements of the Union at the local level;

(e)    receive and study all reports and other matters concerning the welfare of the Union duly referred to it;

(f)    be the only one responsible to make recommendations to the members or to take decisions in line with the Constitution and policies of the Union unless otherwise stated in the Constitution;

(g)    have the obligation to meet prior to a regular membership meeting;

(h)    work to spread the most complete understanding possible of the Union's policies, the nature of the Union's struggle and all other matters concerning the Union and the trade union movement in general;

(i)    be responsible for the implementation of the Union's policies in matters of organization, preparation of strike structures, recruiting or any other organizational campaign launched by the National Executive Board;

(j)    have the right to recommend that a particular grievance be referred to arbitration, through the Regional Executive Committee;

(k)    establish and maintain communications between the members and the main organisms of the Union;

(l)    be responsible for the local education program;

(m)    inform the members and promote Union education through bulletins, communiqués and any other adequate means;

(n)    be responsible for the orientation, preparation and distribution of all publications intended for the members.

5.3    All local officers shall be elected by the general membership and shall be members of the Executive Committee. All persons elected by the Local to give services to the members on a full-time basis shall also be elected by the general membership and shall be members of the Executive Committee.

5.4    All elected members and the Executive Committee must be members in good standing on the date of election and remain in good standing during their term of office.

5.5    Elections of the local officers shall take place every three (3) years at the regular membership meeting during the month of May.

5.6    A minimum of three (3) Voting members of the Executive Committee will be required as a quorum for the transaction of any business at the Executive Committee meeting.

5.7    No person shall hold more than one office, but any member of the Executive Committee could replace a steward in his/her absence.

5.8    Vacancies on the Executive Committee, other than the position of President, shall be filled in a democratic manner by election from eligible members at the next general membership meeting after the position becomes vacant.

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ARTICLE 6

DUTIES OF THE EXECUTIVE COMMITTEE MEMBERS
AND UNION STEWARDS

6.1    The Local President shall:

(a)    be the senior officer of the Local;

(b)    be an elected officer and voting member of the Executive Committee;

(c)    have the responsibility for the enforcement of the Constitution and policies of the Union;

(d)    be responsible for grievances in his/her local;

(e)    be responsible for local union-management meetings;

(f)    implement the decisions of the members assembled at general membership meetings or by referendum;

(g)    have the right to look into any matter falling under the jurisdiction of the Union at the local level and take measures to ensure that all local officers and members comply with the obligations and duties of their positions;

(h)    interpret the by-laws of the Local and the President's interpretation shall be maintained unless it is contested and such contest is supported by the majority of members of the Local Executive Committee or by the majority of the members assembled at a general membership meeting;

(i)    take initiatives for the good and welfare of the Union on matters not provided for in the local by-laws, subject to the approval of the members;

(j)    co-ordinate the work of all local officers;

(k)    have the authority to appoint such committees as are necessary and which are not provided for elsewhere in these by-laws, such appointments to be approved by the next general membership meeting;

(l)    be an ex-officio member of all committees;

(m)    chair the meetings of the Local Executive Committee, the permanent committees and any other committee, as well as membership meetings;

(n)    impose, as a policy of the Union, the rule according to which no local officer may meet alone with a representative of the employer to discuss Union matters;

(o)    ensure the implementation of the Union's policies in all representations before the Corporation at the Local level;

(p)    be responsible for public relations at his/her local level;

(q)    report to the members on the decisions and recommendations of the Local Executive Committee;

(r)    keep the Executive Committee informed on all activities between the Local and National Headquarters of the CUPW;

(s)    in the event that no Union Steward is elected by the membership, have the authority to appoint Union Stewards in the best interest of the membership subject to the approval of the Executive Committee; and

(t)    co-sign all cheques drawn on the account of the Local.

6.2    The Local Vice-President shall:

(a)    be an elected officer and voting member of the Executive Committee;

(b)    assist the Local President in the performance of his/her duties;

(c)    replace the President in his/her absence, in which case he/she shall exercise full power;

(d)    chair meetings in the absence or at the request of the President;

(e)    sign cheques along with the Secretary-Treasurer in the President's absence;

(f)    in the event of a vacancy in the office of President, becomes the President of the Local for the unexpired portion of the term of office of the President;

(g)    be a member of the Organization Committee and of the Legislative Committee and direct their work;

(h)    be responsible for the implementation of all education and organization programs in the Local in conjunction with the Executive Committee;

6.3    The Local Secretary-Treasurer shall:

(a)    be an elected officer and voting member of the Executive Committee;

(b)    be responsible for all official documents of the Local;

(c)    be responsible for all communications to local officers;

(d)    be responsible for the Local's correspondence and shall convey it to the Executive Committee and the general membership meetings;

(e)    prepare notices of all general membership meetings and arrange to distribute and post such notices at least seven (7) days prior to such meetings;

(f)    keep a record of the discussions of the Executive Committee and general membership meetings;

(g)    be responsible for the attendance book for all purposes;

(h)    be entrusted with the funds of the Local, approve all cheques to be signed for expenses authorized under the Constitution, the resolutions passed at meetings, deposit immediately all monies he/she receives on behalf of the Local and sign cheques along with the President or, in his/her absence, the Vice-President;

(i)    be responsible for bookkeeping records of the Local and keep them ready for submission to the Local's Trustees at least once per fiscal year;

(j)    prepare a financial statement twice yearly (July and January) and present such statement at a regular membership meeting of the Local. Copies of such statement shall be distributed to all members present at these meetings.

(k)    not issue any cheques in payment of any account not provided for in the budget unless approved by the majority of the Executive Committee. Such payment shall be subject to ratification at the next general membership meeting of the Local;

(l)    not pay any money without a bill or signed voucher;

(m)    not pay any money towards matters unless provided for in the local by-laws or National Constitution;

(n)    present all expenses payable at each Executive Committee meeting;

(o)    present a report on the state of the Local's finances to general membership meetings.

(p)    submit, every two months, a financial report to her/his National Director, showing the credit balance at the beginning of the period, receipts and expenses during the period and the general fund credit balance at the end of the period;

(q)    as the fiscal year of the Local shall be from July 1 to June 30 of the following year, prepare a financial report and send it to the National Secretary-Treasurer within sixty (60) days following the end of the fiscal year and copy of such report shall be sent to the National Director of the region;

(r)    keep an up-to-date mailing list of the membership;

(s)    establish an adequate filing system for the secretariat and treasury;

(t)    establish and maintain an efficient system for the membership control and check-off;

(u)    forward the per capita tax for each member not on check-off who is in good standing, along with a list of suspended or expelled members to the National Secretary-Treasurer;

(v)    be responsible for the per capita tax on all members in good standing, including those members not on check-off who pay dues locally; and

(w)    be responsible for the nominal list of the membership in the Local.

6.4    The Local Shop Steward:

(a)    is the link between the Local Executive Committee and the members of his/her work shift;

(b)    promotes the policies of the Union and enforces the Constitution and the decisions of the members taken at Convention, through a referendum or at a general membership meeting;

(c)    ensures a strong Union presence on his/her work shift;

(d)    enforces the Collective Agreement.

(e)    promotes the objectives of the Union and those of the Labour Movement in general;

(f)    regularly informs the members of the decisions of a general meeting, the activities of the Union, the union publications and any other items of interest for the Union and the well-being of the members.

(g)    as adviser for the workers, defends the interest of the members he/she represents, in all cases;

(h)    keeps the Local President advised at all times on all problems, complaints and grievances among the membership.

        All members of the Local have the right to be represented by Shop Stewards, the number to be determined by the Local Executive Committee, subject to the approval of the general membership meeting.

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ARTICLE 7

FINANCE

7.1    The Local must prepare and submit to a general membership meeting a budget estimate at the beginning of each fiscal year and, for this purpose, the Local may be assisted by the Regional Executive Committee.

7.2    The Local shall use union rebate funds for union purposes only, such as:

(a)    the payment of per capita the labour councils;

(b)    local education seminars;

(c)    salaries for full-time officers;

(d)    payment of salaries (leave for union business);

(e)    postage;

(f)    telephone, telegram, telex;

(g)    administrative fees to financial institutions;

(h)    rent;

(i)    expenses for meetings of the Executive Committee and committees;

(j)    special campaigns approved by the National Executive Board;

(k)    bereavement tribute for a member of the local;

(l)    financial support for the trade union movement;

(m)    rental of meeting rooms;

(n)    legal fees;

(o)    office maintenance;

(p)    local printing fees;

(q)    printing supplies and office equipment;

(r)    all other expenses approved by the National Executive Board.

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ARTICLE 8

NOMINATION AND ELECTIONS

8.1    In order to be eligible as a candidate for election to the Local Executive Committee, the nominee must be a member in good standing of the Local. He/She must also have attended fifty per cent (50%) of general meetings during the year prior to nomination.

8.2    The nomination for election to office will take place at a general meeting the month prior to that which is specified in section 5.5 of these by-laws.

8.3    No member of the Election Committee is eligible to run for office.

8.4    There shall be no voting by proxy and the Chairperson of the Election Committee shall have no vote except in the event of a tie vote, at which time he/she shall have the deciding vote.

8.5    The candidate receiving at least fifty per cent (50%) plus one (1) vote shall be declared elected.

8.6    The election of delegates to the National Convention of the Union shall be in accordance with section 3.05 of the National Constitution.

(a)    Each local is entitled to be represented by one delegate for the first one hundred members or less, and by one delegate for each additional one hundred members or majority part thereof.

(b)    Each delegate, in order to be elected to National Convention, must have attended the Pre-Convention Area Council meeting and the Pre-Convention Regional Conference. A member may be excused from this requirement by the Local and the National Director only for performing union business, sickness, bereavement leave or truly exceptional circumstances.

(c)    Delegates shall be elected at a general membership meeting.

(d)    Alternate Delegates shall be elected in the event any delegates are unable to attend or become ineligible to attend the National Convention.

8.7    The election of delegates to a Special Convention of the Union shall be in accordance with section 3.43 of the National Constitution.

(a)    Each Local shall be entitled to one delegate for the first 100 members of less and by one delegate for each additional 100 members of majority fraction thereof.

(b)    Delegates shall be elected at a general membership meeting held at least 30 days before the Special Convention.

(c)    Paragraphs (a) and (b) do not apply if the delegates to the next Triennial Convention have already been elected, in which case these delegates act as delegates to the Special Convention.

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ARTICLE 9

MEETINGS

9.1    There will be a general membership meeting once a month as a general rule and every two (2) months where this is practicable, but no less than six (6) meetings per year.

9.2    Notice of all membership meetings, regular or special, shall be posted on all notice boards within the jurisdiction of the Local, at least seven (7) days prior to the date of the meeting.

9.3    A quorum of 3 Executive and 14 Members, as decided by the Local, is necessary for any meeting.

9.4    The signing of the attendance book shall be supervised by a Tyler appointed by the President at the beginning of the meeting.

9.5    A special membership meeting may only deal with the subject matter for which it was called.

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ARTICLE 10

RULES AND PROCEDURE

10.1    At the commencement of each meeting, members entering the hall shall be required to sign an attendance register and failure by a member to do so will result in his/her being officially absent for the purpose of the records of the Local.

10.2    The President, or in his/her absence, the designated presiding officer shall open the meeting as the appointed time.

10.3    The presiding officer shall declare the meeting open by making the following announcement:

"Brothers and Sisters, we are about to open this meeting of the Breton Local of the CUPW. If there is anyone present not entitled to remain, he/she will please retire. The officers are requested to take their respective places and the Tyler will take his/her position."

10.4    The agenda for regular membership meetings shall be as follows:

(a)    acceptance and initiation of candidates for membership according to the National Constitution;

(b)    roll call of officers;

(c)    reading and adoption of minutes of the previous regular membership meetings and minutes of any special meetings;

(d)    reading of correspondence by the Secretary-Treasurer and Executive Committee recommendations to be dealt with individually;

(e)    financial report;

(f)    report of officers and committees;

(g)    elections and Election Committee, when appropriate;

(h)    unfinished business;

(i)    new business;

(j)    adjournment.

10.5    Rules of Order:

(a)    A member wishing to speak shall raise his/her hand until he/she is recognized by the Chair. Upon being recognized, he/she shall state his/her name and speak only to the point at issue or he/she shall be ruled out of order by the Chair.

(b)    No member shall interrupt a speaker except on a point of order.

(c)    No member shall speak more than once on the same subject while there is another member, who has not spoken, seeking to be recognized.

(d)    A member who has not spoken on an issue may move "that the question be now put to the meeting". Such a motion is not debatable and, if seconded and carried, the business before the meeting at that time shall be voted upon without further debate. If the motion is not carried, debate on the original issue will continue.

(e)    These rules are subject to the provisions of the National Constitution and all other points of procedure shall be covered by Bourinot's rules of order.

10.6    There shall be no proxy voting at any meeting of the Local.

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ARTICLE 11

DELEGATIONS

11.1    The President of the Local shall automatically be a delegate to all delegations.

11.2    To be eligible to represent the Local, a member must be in good standing and must have attended fifty per cent (50%) of the regular meetings in the last twelve (12) months

11.3    The remainder of the quota of delegates shall be elected at a regular membership meeting from a list of eligible members drawn up by the Secretary-Treasurer. The alternates for these delegates shall be the runner-ups in order of votes received.

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ARTICLE 12

COMMITTEES

12.1    There shall be Legislative, Organization, Grievance, Education and Women's Committees and whatever other committees are considered necessary, to be set up per section 9.16 to 9.20 of the National Constitution. The terms reference shall be established by the Local Executive Committee.

12.2    Where these committees cannot be established, the responsibility of any of these committees becomes the jurisdiction of the Local Executive Committee.

12.3    The committees should study the issues submitted by the Local Executive Committee or by the general meetings. They must report to the Executive Committee and to a general meeting, but only the Executive Committee is authorized to make recommendations to the members.

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ARTICLE 13

TRUSTEES

13.1    The Trustees shall consist of three (3) members in good standing who have attended at least fifty per cent (50%) of the meeting in the previous twelve (12) months.

13.2    The Trustees shall meet and examine the books of the Local once per year, to verify if the expenses are in accordance with the by-laws and with the decisions adopted by the Executive Committee and/or the general membership meeting.

13.3    The Chairperson of the Board of Trustees may call any additional meetings at his/her discretion, with a report submitted at the next general membership meeting and the National Secretary-Treasurer may also call such meetings.

13.4    Any member who does not attend two (2) consecutive meetings will be replaced by election at a general membership meeting, unless absence is approved by the Local Executive Committee.

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ARTICLE 14

DISCIPLINE

14.1    Article 8 of the National Constitution shall be used in its entirety by the Local.

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ARTICLE 15

GENERAL

15.1    Per capita tax and assessments shall be held as a standing appropriation and shall require no motion of the Local to pay same.

15.2    The Local shall not submit any resolutions with regard to federal legislation to any Labour Council or to any government body, if such legislation would have any effect on the members, unless such proposed resolution is in keeping with resolutions already approved by the Union at National Convention or, if not so, unless such resolution has been approved by the National Executive Committee. Under no circumstances shall a resolution with regard to legislation be approved by a Local for submission to a central labour body if it has been disapproved by the National Convention or the National Executive Committee.

15.3    The Local shall establish a membership control system to determine the number of members and dues-paying employees and to control the check-off of union dues. Union Stewards shall receive any information required to enable them to detect errors and prepare a monthly report to the Local Secretary-Treasurer.

15.4    The Local shall send to the National Secretary-Treasurer, on a monthly basis, any information available with regard to membership control and check-off of union dues and more particularly:

(a)    a list of new employees and new members;

(b)    a list of employees who have left the bargaining unit;

(c)    a list of persons who are no longer members of the Union;

(d)    a list of employees and/or members subject to the check-off system who have not paid union dues indicating the reason for non-payment.

(e)    a list of members who are no longer in good standing for failing to pay union dues and/or assessments;

(f)    a list of casuals.

15.5    Any officer of the Local shall make it his/her particular duty to comply with and implement national policies adopted by the Convention or by the members through a referendum vote and the decisions of the National Executive Board.

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ARTICLE 16

LOCAL BY-LAWS

16.1    Propose by-laws for the Local shall be submitted to the National Executive Board where they will be examined for any conflict with the National Constitution. Any such conflict will be brought to the attention of the Local for amendment or deletion.

16.2    After any required deletions or amendments are made in the Local's draft, it shall be resubmitted to the National Executive Board.

16.3    On notification to the Local from the National Secretary-Treasurer that the by-laws are approved, they may be adopted by the Local.

16.4    Any provision in the local by-laws which is contrary to the letter or spirit of the present Constitution shall be null and void.

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