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CEP LOCAL BY-LAWS
This local shall be known as Local 410, Communications, Energy and Paperworkers Union of Canada..
The jurisdiction of this Local shall be the jurisdiction assigned by the National Union and appearing on the face of the Local Charter.
The objects of Local 410 shall be to represent and serve the workers within its jurisdiction in accordance with the By-Laws and Rules of the local and the Constitution and Policies of the Union and the Regulations in the Dominion of Canada of relations between employers and employees through collective bargaining.
The structure of the Local shall consist of the following in descending order: 1. Membership 2. Local Executive Board 3. Officers 4. Committees
Section 1: Eligibility
Any person eligible for membership in the Communications, Energy and Paperworkers Union of Canada as defined in Article 5 of its Constitution shall be eligible for membership in this Local, if performing work within the Local’s assigned jurisdiction or on temporary transfer outside the Local’s assigned jurisdiction, or if employed on a part-time or full-time basis by the Union, or if dismissed and the person who has applied for membership in the Communications, Energy and Paperworkers Union of Canada, and has paid the appropriate fees.
Section 2: Application
Application for membership shall be submitted to the Local. The form of the application for membership shall be supplied by the Communications, Energy and Paperworkers Union of Canada. 1st dues deducted shall be considered the initiation fee. An initiation fee shall be submitted along with the written application for membership unless the initiation fee has been waived by action of the Local. A membership card will be issued to each applicant upon approval of the membership application by the Membership Committee, authorized to accept or reject membership on behalf of the Local, subject to the right of the Local to overrule the decision of a Membership Committee at a regular membership meeting.
Section 3: Transfers
The transfer of membership from this Local to the jurisdiction of another Local and from another Local to the jurisdiction of the Local shall be made in accordance with Article 5 of the Union Constitution.
ARTICLE 6: LOCAL DUES AND ASSESSMENTS
Each member of the Local shall pay monthly dues of 1.5% of his/her basic wages. In addition to this amount, each member shall pay Defense Fund Per Capita in accordance with Article 6 of the CEP National Constitution. The Local shall notify the membership immediately after the National Union gives notice that the Defense Fund Per Capita is implemented or ceased.
The membership of the Local may levy a special assessment only in the same manner as provided for changing By-Laws under Article 23 of these By-Laws. A special assessment must carry a time frame and this to be a maximum of one year, after which the matter must be reconsidered and voted upon by the membership as per Article 23 of these By-Laws.
ARTICLE 7: GOVERNING AUTHORITY
Section 1: Membership
The affairs of the Local shall be governed by its membership in accordance with the Constitution and Policies of the Union in the following manner:
(a) Through action taken in membership meetings or by referendum of the membership. (b) Through actions and decision of the Local Executive Board between membership meetings. (c) Through actions and decision of the Local Officers between meetings of the Local Executive Board.
(d) Through actions and decisions of the Local Executive Board and Officers of the Local between Local meetings may be overruled by the membership in Local meetings or by referendum.
The Local Executive Board shall consist of the following members in the following rank:
1. President of the Local 2. Vice-President of the Local 3. Secretary of the Local 4. Treasurer of the Local 5. Regional Representative(s)
(a) There shall be at least ten (10) regular Unit meetings called each year. The dates and location of such meetings shall be set by the President, Unit Chairperson and/or the Executive Board who shall give at least seven (7) days notice of same. Minutes of such meetings must be sent to the Local Secretary. If a quorum cannot be reached as per Article 11, the chairperson shall submit a signed copy of the meeting notice to the Local Secretary. This will be considered a meeting held in conjunction with Article 16, Section 3 (b).
(b) Special meetings shall be called, within their jurisdiction, by the President, Unit Chairperson or by the Secretary of the Local upon written receipt of a request from a majority of the Local, Unit Officers or a petition signed by twenty person (20%) of the Unit or by a majority of members voting on the question at a regular monthly Unit meeting. Upon receipt of such a request, a meeting shall be called within ten (10) days, and notices of such meeting shall be posted at least seven (7) days prior to the meeting. The notice shall state the nature of business to be transacted at the meeting and no business other than that specified in the notice shall be transacted at such meeting.
ARTICLE 9: LOCAL EXECUTIVE BOARD MEETINGS
(a) The Local Executive Board shall meet as frequently as is determined necessary by a majority of the Executive Board, and at a time and place to be determined by a majority of the Local Executive Officers, in consultation with the Local Executive Board. Every effort will be made to have three (3) meetings each year.
(b) A copy of minutes of such meetings shall be forwarded to each Executive Board Member and Unit Chairperson and be made available at the regular monthly meetings of all Units. Minutes of such meetings shall be made available to any local member upon request to the Local Secretary.
(c) Business to be dealt with between meetings may be accomplished by conference calls and/or other means of communication.
(d) A Special meeting of the Local Executive Board may be called by a majority of the Local Executive Board members.
(a) A Unit may be formed upon application from an area subject to the approval of the Local Executive Board.
(b) (i) A Unit shall consist of a Unit Chairperson elected by members of the Unit. The Unit Chairperson shall forward a copy of the minutes of each Unit meeting to the Local Secretary. Expenses incurred by the Unit shall be as per Article 10, Section (e) of these By-Laws. (ii) A Unit may also elect a Vice-Chair and/or a Recording Secretary, in accordance with these By-Laws.
(c) The Unit Chairperson or Secretary shall submit a copy of the minutes to the Local Secretary following each Unit meeting.
(d) There shall be at least ten (10) monthly Unit meetings called each year for each Unit. The dates of such meetings shall be set by the Unit Executive and posted seven (7) days before the date of such meetings. (e) A Unit shall submit bills for expenses to the Treasurer of the Local. Any expense must have prior approval of the Local President and the Treasurer.
(f) A Unit Officer(s) shall submit any concerns regarding the Local, in writing to the Local Executive Board to have it discussed at the next Local Executive Board meeting.
(g) A Unit cannot make policy for the Local Union unless by referendum of the entire Local membership.
(h) A Unit Chairperson shall prepare an agenda for each Unit meeting and chair such meeting.
(i) In the event that the Unit Chairperson is unable to attend a Unit Meeting, where applicable the Vice Chair person or Secretary will perform the duties of the chairperson.
(ii) In the event that there are no other Unit Executive officers, the Unit chairperson may appoint a member of the Unit to perform their duties, subject to recall by members of the Unit.
(j) The following locations shall be considered as Units of Local 410:
Within the Labrador Region: Labrador City/Wabush Goose Bay
Within the Western Region: Port Aux Basques Stephenville Corner Brook
Within the Central Region: Grand Falls-Windsor Gander
Within the Eastern Region: Bay Roberts Clarenville Marystown
Within the Eastern Avalon Region: St. John’s/Mount Pearl
A quorum for the transaction of business shall be as follows:
Local meetings – the number of members present. Unit meetings – the number of members present. Special meeting – the number of members present. Local Executive Board meetings – a majority of the Board. Committee meetings – the number of members present.
The order of business for the Local shall be as follows: (1) Call to Order (2) Roll Call (3) Read and/or Approve the Minutes of the Previous Meeting (4) Business Arising from Minutes (5) Financial Report (6) Communications (7) Committee Reports (8) Old Business (9) New Business (10) Adjournment
All meetings shall be governed by Bourinot’s Rules of Order. At either a Local, Unit meeting the order of business may be suspended by a two-thirds (2/3) vote of the members present.
The Local Executive Board shall order a secret ballot referendum vote if a petition signed by twenty percent (20%) of the Local membership or by a petition signed by a majority of members of the Local Executive Board is received which calls for or certifies the desire for a referendum on any particular subject other than monetary assessments. The majority of the votes cast shall decide the referendum.
ARTICLE 14: LOCAL OFFICERS AND THE DUTIES OF LOCAL OFFICERS
Section 1:
Local Officers are responsible to the Local Membership. The Officers of the Local shall be:
(a) Local President (b) Local Vice-President (c) Local Secretary (d) Local Treasurer
Upon recommendation of the Executive Board and/or any member, and upon approval of the membership, the offices of Secretary and Treasurer may be combined.
Section 2:
Duties of the Local Officers, Grievance Committee Chairperson, Unit Chairperson, Stewards:
(1) The Local President shall:
(a) be responsible for the conduct of all Local business. (b) preside at Local membership, Executive Board, Special and Officers meetings. (c) prosecute grievances (d) supervise all Local Committees. (e) be the official spokesperson for the Local. (f) support and enforce the Constitution and these By-Laws and act within the policies established by the Union and the Local. (g) appoint and discharge special Committees, subject to the approval of the Local Executive Board. (h) be the first delegate to CEP, CLC and subsidiary body conventions. (i) approve in conjunction with the Treasurer, all bills to be paid and be one of the two signing Officers for cheques issued on behalf of the Local. (j) perform whatever additional duties may be assigned by the Local or required by the Policies or Constitution of the Union. (k) be an automatic member of bargaining teams with expenses being a Local responsibility. (l) be the first member of Local 410 to the Executive Board of the CEP Atlantic Communications Council. (m) support and enforce the Constitution(s) of the CEP and the Council and these by-laws and perform their duties within the polices established by the Union, the Council and the Local.
(2) The Local Vice-President shall:
(a) work under the direction of the Local President and in his/her absence act on his/her behalf. (b) perform whatever duties may be assigned by the Local, the Local Executive Board or the President. (c) support and enforce the Constitution(s) of the CEP and the Council and these by-laws and perform their duties within the polices established by the Union the Council and the Local.
(3) The Local Secretary shall:
(a) maintain a record of local membership. (b) record and maintain the minutes of all meetings of the Local and the Local Executive Board. (c) receive and distribute minutes of Unit meetings to members of the Executive Board and Secretaries of all other Units. (d) furnish the Vice-President of the Region and the Secretary of the Union with copies of any changes in these by-laws within ten (10) days after such changes are made. (e) perform such other duties as may be assigned by the Local, the Executive Board or the Local President. (f) be responsible for maintenance of the Local Website. (g) support and enforce the Constitution(s) of the CEP and the Council and these by-laws and perform their duties within the polices established by the Union the Council and the Local.
(4) The Local Treasurer shall:
(a) be custodian of all assets of the Local and maintain accurate records of all financial transactions of the Local. (b) report in writing to each Local Executive Board meeting on the financial status of the Local, and send copies of all such reports to each Unit Secretary. (c) cause payment of all bills approved in accordance with these By-Laws and the CEP Constitution and countersign all cheques upon the Local Treasury. (d) be bonded, as must any other person who handles Local funds or other property in accordance with the Union Constitution or any law. (e) approve in conjunction with the Local President all bills to be paid and be one of the two signing Officers for cheques issued on behalf of the Local. (f) perform such duties as may be assigned by the Local, the Local Executive Board, or the President. (g) support and enforce the Constitution(s) of the CEP and the Council and these by-laws and perform their duties within the polices established by the Union the Council and the Local.
(5) The Regional Representatives shall:
(a) represent the region on the Local Executive Board (b) perform such other duties as may be assigned by the President or Local executive Board (c) support and enforce the Constitution(s) of the CEP and the Council and these by-laws and perform their duties within the polices established by the Union the Council and the Local.
(6) The Unit Chairperson shall:
(a) chair meetings of the Unit. (b) be responsible for conducting Unit business (c) be the liaison between the Unit and the Local. (d) perform such other duties as may be assigned by the President, the Unit or the Local Executive Board. (e) support and enforce the Constitution(s) of the CEP and the Council and these by-laws and perform their duties within the polices established by the Union the Council and the Local.
(7) The Chief Steward of the Grievance Committee shall:
(a) familiarize all Stewards within his/her jurisdiction with the appropriate bargaining agreement and thoroughly investigate all grievances. (b) keep the President and Local informed of the progress of grievances after the second stage in the Grievance Procedure. (c) issue a report on the progress of any grievance to Local and Unit Secretaries. (d) be a member of the Grievance Committee (e) keep accurate records of all grievances pursued (f) pursue all grievances after the first stage of the grievance procedure to its completion. (g) be familiar with Local, Provincial and Federal Labour Laws (h) perform such other duties as may be assigned by the Local President, the Local Executive Board or the Local. (i) support and enforce the Constitution(s) of the CEP and the Council and these by-laws and perform their duties within the polices established by the Union the Council and the Local.
(8) Stewards shall:
(a) be familiar with all provisions of the Collective Agreement and thoroughly investigate all grievances coming within his/her jurisdiction. (b) be completely familiar with the grievance procedure. (c) receive complaints and grievances from members and make every effort in conformity with the grievance procedure to satisfactorily settle all grievances. (d) refer all grievances that have not been satisfactorily settled at the appropriate stage to the Chairperson of the Grievance Committee (e) report all completed grievances to the Local (f) turn over all papers, documents, funds or other property at the conclusion of his/her term of office to the Local or to his/her successor in the office. (g) keep the members they represent informed of union matters. (h) be familiar with Local, Provincial and Federal Labour Laws. (i) have available at all times a copy of the current Local Collective Agreement, by-laws and Union Constitution (j) carry out such duties as may be prescribed by the President, the Local Executive Board or the Local. (k) support and enforce the Constitution(s) of the CEP and the Council and these by-laws and perform their duties within the polices established by the Union the Council and the Local.
1. The regular Committees of the Local shall be gender balanced where possible or otherwise specified and shall include:
(a) Membership Committee (b) Election Committee (c) Organizing Committee (d) Education Committee (e) Legislative Committee (f) Grievance Committee (g) Trustee Committee (h) Social Committee (i) E.A.P. Committee (j) By-Laws Committee (k) Pension Committee (l) Occupational Safety & Health Committee (m) Pay Equity Committee (n) Employment Equity Committee (o) Workers’ Compensation Committee (p) Women’s Committee
2. Members of all Committees, except the Trustee Committee and the Bargaining Committee shall be appointed by the President or by a majority vote of the Local Executive Board, subject to the right of the Local Membership to overrule such appointments and/or make such appointments at meetings of the membership.
3. Vacancies on Committees shall be made in the same manner as the original appointments. 4. 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 to overrule the action of the Local Executive Board. A Committee member may also be removed by action of the Local in membership meetings.
5. Executive structure of Committees will be handled by the members of the Committee. 6. Duties of Committees: (a) Membership Committee The Membership Committee or Committees shall accept or reject membership applications in accordance with the by-laws and rules of this Local and Article 5 of the CEP Constitution and Policies of the Union. All Membership applications must be reported at the next monthly Local Membership meeting.
(b) Election Committee
The Election Committee shall conduct all nominations and elections and referenda of this Local. The Election Committee, whether it be at the Local or Unit level, shall consist of at least three (3) members. No candidate for office or member of the Local or Unit Executive shall be members of the Election Committee. The Election Committee shall turn over to the Local Secretary all ballots and records used in an election or referendum to be preserved for a period of six (6) months following such elections or referendum.
(c) Organizing Committee
The Organizing Committee shall assist the Local Officers and members in organizing all non-union employees within the Local’s jurisdiction.
(d) Education Committee
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 Local’s educational programs.
(e) Legislative Committee
The Legislative Committee shall assist in developing and pursuing the program of the Union and the Local in the legislative field.
(f) Grievance Committee
The Grievance Committee shall review grievances and complaints being handled by the Local to determine appropriate courses of action to follow, as the need may arise.
(g) Trustee Committee
1. Exercise general supervision over the property of the Local, subject to such instructions as they may receive from the Local.
2. Audit the books of the Local at the end of every three months of the Local’s fiscal year and make a report to the Local thereon, also an annual audit at the beginning of each fiscal year.
3. Verify that all transactions involving Local funds and properties were properly authorized.
4. Require that any Officer of the Local handling funds of the Local be bonded in accordance with the Union Constitution or any law.
5. Five (5) Members of a Trustee Committee shall be elected at a regular monthly meeting: One (1) to hold office for three (3) years; two (2) to hold office for two (2) years; and, two (2) to hold office for one (1) year. The Committee must have the Chairperson and at least two (2) other members of the Committee present to conduct its business and to do an official audit of the Local Union books. The term for the Chairperson shall not exceed three (3) consecutive years.
(h) Social Committee
This Committee shall promote and conduct the social activities of the Local. Their responsibility also includes the administration of Scholarship, Acknowledgements of Bereavements, Sickness and Retirements.
(i) E.A.P. Committee
To be part of the Union/Company Joint Committee of the Employee Assistance Program.
(j) By-Laws Committee
The By-Laws Committee shall meet on a yearly basis to review the By-Laws and recommend any revisions if necessary. The Committee must have a representative from each Bargaining Unit where possible.
(k) Pension Committee
Participate on Joint Union/Company Committee and report to the Executive Board and the Membership.
(l) Occupational Safety & Health Committee
Police and enforce Occupational Safety and Health in the workplace and participate on Joint Occupational Safety and Health Committees and report to the Executive and the Membership.
(m) Pay Equity/Job Evaluation Committee
Participate on Joint Union/Company Committee(s) and report to the Executive and the Membership.
(n) Employment Equity Committee
Participate on Joint Union/Company Committee and report to the Executive and the Membership.
(o) Workers’ Compensation Committee
Participate on Joint Union/Company Committee and Report to the Executive and the Membership.
(p) Women’s Committee
Be informed, and inform, of political, social and economic impacts on women and women’s rights. Network with other Women’s Committees for information sharing and pursuit of common goals.
Section 1: Local and Unit Officers
(a) The term of office for the Local President, Vice-President, Secretary and Treasurer and for the Unit officers and Regional Representatives shall be 2 years. They shall be nominated and elected in August through December in the year previous to the beginning of the new term. Only members in good standing shall be eligible to vote and/or hold office.
(b) The President, Vice-President, Secretary and Treasurer shall be elected by the membership at large. The Unit Officers and Regional Representatives shall be elected by members in their respective areas. In the event that there is not a nominee(s) with a majority of votes a run-off election shall be held as per Article 14.04 of the Constitution.
(c) All elections shall be carried out per Article 14 of the Union Constitution and the Rules of these By-Laws.
(d) No member can be a candidate for more than one office. If nominated for more than one (1) office, the member must declare immediately of which office he/she will be a candidate. This shall not apply to offices which have been combined with the approval of the National President.
(e) Nominations for all Officers will be closed September 15th of the election year. Candidates who have declared their intentions will be announced at the next regular monthly meeting.
(f) Members of one unit may nominate members of another unit for Local Union office. It is not necessary that such nominees be confined to a particular unit. A member placing the name of another member in nomination for office when the nominated member is not present shall at the time the nomination is made, give to a member of the Election Committee evidence in writing signed by the nominee that the nominee agrees to be a candidate for a specific Local or Unit Office. Any member being nominated in this manner cannot signify his/her intentions to be a candidate for more than one specific office.
(g) Immediately after nominations, the Election Committee Chairperson shall forward a list of the candidates to the Secretary of the Local.
(h) After nominations have closed, the Election Committee shall conduct the election. No candidate for office shall be eligible to serve on the election Committee or conduct balloting.
(i) After nominations have been made and those nominated have found to qualified, the Election Committee shall have ballots prepared, listing in alphabetical order the names of all candidates for each respective office. Such ballots shall not contain any identifying numbers or marks.
(j) The Election Committee shall decide the last day on which ballots shall be received and the date, time and place when the ballots will be counted. Members shall have a minimum of 21 days to vote.
(k) Where deemed feasible and practical by the elections committee voting shall be carried out by any one or combination of the following: (a) desk drop, (b) mail out ballots, (c) a polling station. Any expense incurred shall be approved as per Article 14 Section 2 of these By-Laws.
(l) When voting is done by desk drop it will be done in the following manner:
(i) Each ballot will be of the same colour and bear the Local 410 stamp in red. (ii) The Election Committee Chairperson or another appointed person shall issue all ballots to the appropriate stewards or other persons who have been recruited by the Election Committee to conduct balloting. A record will be kept of the people conducting the balloting and the number of ballots each one possesses. Copying of ballots is prohibited. (iii) A large sealed envelope, with a slot just wide enough for the entry of ballot will act as a ballot box. The seal shall be signed by at least two members of the Election Committee or their designates. (iv) As each member votes, they should print and sign their name to a sheet provided by the person conducting the balloting, indicating that they have voted. (v) All ballots, both used and unused, must be returned to the Election Committee at the completion of balloting, along with the list of members’ signatures.
(m) Where a mail-out ballot is required it shall be done in the following manner:
(i) Each ballot will be of the same colour and bear the Local 410 stamp in red. (ii) The Election Committee Chairperson or another appointed person shall issue all ballots to the appropriate stewards or other persons who have been recruited by the Election Committee to conduct balloting. A record will be kept of the people conducting the balloting and the number of ballots each one possesses. Copying of ballots is prohibited. (iii) The Election Committee shall select a depository to where the envelopes containing the ballots shall be mailed. This should be the Local Union Post Office Box or headquarters. Cost of such depository shall be borne by the Local. The Election Committee shall advise the Local Secretary of the depository address in sufficient time for the Local Secretary to prepare the addressed envelopes. (iv) The Election Committee shall open the envelopes, remove the smaller envelope marked “Official Ballot” stamped and deposit same in the ballot box with the other ballots. No envelope received later than the closing time and date as determined and announced by the Election Committee shall be opened or counted.
(n) When voting is done by polling station it will be done in the following manner:
(i) Each ballot will be of the same colour and bear the Local 410 stamp in red. (ii) The Election Committee Chairperson or another appointed person, shall issue all ballots to the appropriate stewards or other person who have been recruited by the Election Committee to conduct balloting. A record will be kept of the people conducting the balloting and the number of ballots each one possesses. Copying of ballots is prohibited. (iii) A large sealed envelope, with a slot just wide enough for the entry of ballot will act as a ballot box. The seal shall be signed by at least two members of the Election Committee. (iv) As each member votes, they should print and sign their name to a sheet provided by the person conducting the balloting, indicating that they have voted. (v) All ballots, both used and unused, must be returned to the Election Committee at the completion of balloting, along with the list of members’ signatures. (vi) A locked ballot box may be used in lieu of a large sealed envelope.
(o) The Election Committee shall count the ballots and certify the results in writing to the Local Executive Board. The Local Secretary shall notify each Unit Secretary of the results of the vote.
(p) All elections records including ballots shall be preserved for six (6) months from the date of election, after which same shall be destroyed unless instructed otherwise by the President, the Local Executive or the Local.
(q) All candidates have the right to vote but shall not conduct balloting in any manner. Any candidate for office may be present or have a member present at the counting of the ballots.
(r) All Local and Unit Officers shall take office January 1st of the succeeding year except in cases of vacancies. In this case, the person shall take office immediately upon being declared elected by the Election Committee.
(s) (i) At the completion of the election for Unit Chairpersons there shall be al nomination period of at least fourteen (14) days for the nomination for the office of regional reps. (ii) Only Unit Chairpersons shall be eligible to run for the office of regional rep, and only within their respective region. (iii) Regional reps shall be elected by the members within their respective regions.
Section 2: Stewards
(a) Stewards shall be elected by secret ballot vote by the group of members they will represent, however where the members fail to elect a steward, the Local President may appoint one, subject to the right of the Local membership to overrule such appointment.
(b) Stewards shall be elected for a period of two (2) years by the members of their group and elections shall be held in January of each odd-numbered year.
(c) When a vacancy occurs in the position of steward, a successor shall be immediately elected or appointed as per Article 16, Section 2 (o).
Section 3: Convention and Conference Delegates
(a) The President of the Local or the Presidents designate, who shall be a table officer, shall be the head of the delegation and the first delegate to all CEP, CLC, Council and subsidiary body conventions. The other delegates to Conventions except the CLC Convention shall be as follows:
(i) The second delegate shall be a table officer, (ii) Third delegate shall be |