BY-LAWS
Canadian Union of Public Employees
Local 8920
February 2015
TABLE OF CONTENTS
PREAMBLE 1
SECTION 1 – NAME 1
SECTION 2 – GOALS AND OBJECTIVES 3
SECTION 3 - INTERPRETATION AND DEFINITIONS 3
SECTION 4 – EXECUTIVE BOARD AND SITE REPRESENTATIVES 4
SECTION 5 – SITE MEETINGS - REGULAR AND SPECIAL 5
SECTION 6 - VOTING 7
6A – VOTING OF FUNDS AT SITE 7
6B – VOTING ON LOCAL ISSUES 8
SECTION 7 - SITE REPRESENTATION 8
SECTION 8 - GRIEVANCES 9
SECTION 9 - NOMINATION, ELECTION AND INSTALLATION OF OFFICERS 9
SECTION 10 - DUTIES OF THE EXECUTIVE BOARD MEMBERS & LOCAL TRUSTEES 11
SECTION 11 – OUT OF POCKET EXPENSES 17
SECTION 12 - OUT-OF-POCKET ALLOWANCES 18
SECTION 13 – SITE REBATES AND EXPENDITURES 19
SECTION 14 - UNION LEAVE 20
SECTION 15 - FEES, DUES AND ASSESSMENTS 20
SECTION 16 - DELEGATES TO CONVENTIONS AND CONFERENCES 20
SECTION 17- EDUCATION 21
SECTION 18 - COMMITTEES 22
SECTION 19 - SPECIAL MEMBERSHIP 24
SECTION 20 - ANNUAL MEMBERSHIP MEETING 24
SECTION 21 - AFFILIATION 24
SECTION 22 - STAFF REPRESENTATIVES 25
SECTION 23 - RULES OF ORDER 25
SECTION 24 - AMENDMENT 25
APPENDIX “A” TO THE BY-LAWS OF CUPE LOCAL 8920 26
RULES OF ORDER 26
APPENDIX “B” TO THE BY-LAWS OF CUPE LOCAL 8920 29
INITIAL ELECTIONS AND TEMPORARY BY-LAW VARIANCES FOR
CUPE LOCAL 8920 29
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.
SECTION 1 – NAME
The name of this Local shall be: Canadian Union of Public Employees, Local No. 8920.
AREA #1 Fishermen's Memorial Hospital, Lunenburg
South Shore Regional Hospital, Bridgewater
Queen's General Hospital, Liverpool
Dawson Health Centre, Bridgewater
AREA #2 Roseway Hospital, Shelburne
Yarmouth Regional Hospital, Yarmouth
Digby General Hospital, Digby
AREA #3 Annapolis Community Health Centre, Annapolis
Soldiers Memorial Hospital, Middleton
Western Kings Memorial Health Centre, Berwick Sub-Site
Valley Regional Hospital, Kentville
Eastern Kings Memorial Community Health Centre, Wolfville
Beacon House, Kentville
AVH Chipman Building, Kentville
AREA #4 Colchester East Hants Health Centre, Truro
Lillian Fraser Memorial Hospital, Tatamagouche
Lloyd E. Matheson Centre, Elmsdale Sub-Site
AREA #5 Cumberland Regional Health Care Centre, Amherst
All Saint’s Hospital, Springhill
South Cumberland Com. Care Centre, Parrsboro
North Cumberland Memorial Hospital, Pugwash
Bayview Health Centre, Advocate
AREA #6 Aberdeen Hospital, New Glasgow
Sutherland Harris Memorial Hospital, Pictou
AREA #7 St. Martha’s Hospital, Antigonish
Guysborough Memorial Hospital, Guysborough
Strait Richmond Hospital, Port Hawkesbury
St. Mary’s Hospital, Sherbrooke
Eastern Memorial Hospital, Canso
AREA #8 Cape Breton Regional Hospital, Sydney
- Townsend Street Site, Sydney
Harbourview Hospital, Sydney Mines Sub-Site
Northside General Hospital, North Sydney
Glace Bay Health Care Facility, Glace Bay
New Waterford Consolidated, New Waterford
Taigh Na Mara, Glace Bay Sub-Site
Buchanan Memorial Community Health Care, Neils Harbour Sub-Site
Victoria County Memorial Hospital, Baddeck Sub-Site
Sacred Heart Community Health Centre, Cheticamp Sub-Site
Inverness Consolidated Memorial Hospital, Inverness
AREA #9 Halifax Infirmary Sites, Halifax
- Abbie J. Lane Memorial Building
- Camp Hill Veterans Memorial
- Halifax Infirmary
QE2 Victoria General Sites, Halifax
- Bethune Building
- Centennial
- Centre for Clinical Research
- Dickson Building
- MacKenzie Building
- Nova Scotia Rehab Centre
- Victoria General
Cobequid Community Health Centre, Lower Sackville
Dartmouth General Hospital, Dartmouth
East Coast Forensic Hospital, Dartmouth
Eastern Shore Memorial Hospital, Sheet Harbour
Hants Community Hospital, Windsor
Integrated Chronic Care Services, Fall River
Musquodoboit Valley Memorial Hospital, Middle Musquodoboit
Twin Oaks Memorial Hospital, Dartmouth
Nova Scotia Hospital, Musquodoboit Harbour
AREA #10 IWK Health Centre, Halifax
NOTE: Areas include all sites and sub-sites within a geographic zone. In the event that Areas, Sites or Sub-sites are created or deleted, or are not populated with any CUPE Local 8920 members, Section 1 of these Bylaws will be deemed to be amended.
SECTION 2 – GOALS AND OBJECTIVES
The objectives of the Local are to:
(a) secure adequate remuneration for work performed and generally advance the economic and social welfare of its members and of all workers;
(b) support CUPE in reaching the goals set out in Article II of the CUPE Constitution;
(c) provide an opportunity for its members to influence and shape their future through free democratic trade unionism;
(d) encourage the settlement by negotiation and mediation of all disputes between the members and their employers.
SECTION 3 - INTERPRETATION AND DEFINITIONS
(a) Masculine pronouns shall be understood to include the feminine gender.
(b) Numbers of Articles at the end of sections or sub-sections refer to relevant articles of the CUPE Constitution, which should be read in conjunction with these By-Laws.
(c) "National" shall mean the Canadian Union of Public Employees, with headquarters in the City of Ottawa, Ontario.
(d) "Constitution" shall mean the National Constitution.
(e) "Local" shall mean the Canadian Union of Public Employees, Local 8920.
(f) "By-Laws" shall mean the rules governing the Local.
(g) "Annual Meeting" shall mean the Annual General Membership Meeting held in May of each year.
(h) "Sites" shall mean the members working in the facilities as listed in Section 1.
(i) “Sub-sites” shall mean sites with less than 10 members.
(j) "Regulations" shall mean the regulations governing the Sites, and shall form part of the By-Laws.
(k) "C.U.P.E." shall mean the Canadian Union of Public Employees.
SECTION 4 – EXECUTIVE BOARD AND SITE REPRESENTATIVES
(a) Composition - The Executive Board of the Local shall be comprised of not more than seventeen (17) members consisting of President, Secretary-Treasurer, Recording Secretary and subject to the Note in Section 1 fourteen (14) Area Vice-Presidents. Areas #1 through #7 inclusive and Area #10 will each have one (1) Area Vice President. Area #8 will have two (2) Area Vice-Presidents and Area #9 will have four (4) Area Vice-Presidents.
The fourteen (14) Area Vice-Presidents (subject to the Note in Section 1) shall select from amongst themselves the First Vice-President. An Education Coordinator and a Webmaster shall also be appointed from amongst the Area Vice- Presidents, who will in turn co-ordinate these activities with rank-and-file Local 8920 members.
(b) Duties - The Executive Board shall administer and carry out the affairs of the Local as directed by the membership. The Executive Board will have no authority to initiate new policies or approve expenditures of more than five hundred dollars ($500.00) without membership approval.
(c) Meetings – The Executive Board shall meet monthly. Additional meetings may be scheduled by the Executive Board, as is necessary to properly carry out the affairs of the Local. An Executive Board member may, whenever deemed necessary to carry out the routine administration of the affairs of the Local, incur lost wages and per diem expenses. The latter is subjected to the approval of the President and the Secretary Treasurer of the Local. Normally, meetings will be held on the last Wednesday of each month. Upon approval by the Executive, Executive meetings will alternate between Wednesday and Saturday of each month.
(d) Special Meetings – Special Meetings of the Executive Board may be called by the President, or must be called upon the written request of at least five (5) members of the Executive Board.
(e) Quorum – A quorum shall consist of ten (10) members of the Board at any regular or special meeting.
(f) Executive Board Minutes – Approved minutes of each Executive Board meeting will be made available at the Local Site meeting or following the Site meeting from the Area Vice-President.
(g) 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.
(h) All charges against members or officers must be made in writing and signed by the complainant(s) and will be dealt with in accordance with the provisions of the CUPE Constitution.
(i) Should any Executive Board member fail to answer the roll call for three (3) consecutive regular or special Executive Board meetings without having submitted good reasons to the President for those failures, his/her office shall be declared vacant and shall be filled by an election in accordance with Section 9.
(j) The Executive Board has the authority to authorize a full or partial leave of absence for the President or in the absence of the President, for the 1st Vice-President.
SECTION 5 – SITE MEETINGS - REGULAR AND SPECIAL
(a) Regular site meetings shall be held at each facility in all months, except for July, August, and December, unless required.
(b) Site meetings will be scheduled in each facility as follows:
AREA #1
• Fishermen's Memorial Hospital 2nd Wednesday of the month
• South Shore Regional Hospital 1st Tuesday of the month
• Queen's General Hospital 3rd Thursday of the month
• Dawson Health Centre 1st Tuesday of the month
AREA #2
• Roseway Hospital (Date of Meeting, TBD)
• Yarmouth Regional Hospital (Date of Meeting, TBD)
• Digby General Hospital (Date of Meeting, TBD)
AREA #3
• Annapolis Community Health Centre 1st Tuesday of the month
• Soldiers Memorial Hospital 1st Tuesday of the month
• Western Kings Memorial H.C. Sub-Site Meetings on an as-needed basis
• Valley Regional Hospital 2nd Tuesday of the month
• Eastern Kings Mem. Comm. Health Ctr. 2nd Tuesday of the month
• Beacon House 3rd Tuesday of the month
• AVH Chipman Building 3rd Tuesday of the month
AREA #4
• Colchester East Hants Health Ctr. Last Wednesday of the month
• Lillian Fraser Memorial Hospital Last Tuesday of the month
• Lloyd E. Matheson Centre Sub-Site Meetings on an as-needed basis
AREA #5
• Cumberland Reg. Health Care Ctr. 4th Tuesday of the month
• All Saint’s Hospital 3rd Wednesday of the month
• South Cumberland Com. Care Ctr. 2nd Tuesday of the month
• North Cumberland Memorial Hospital 1st Thursday of the month
• Bayview Health Centre 1st Monday of the month
AREA #6
• Aberdeen Hospital 2nd Tuesday of the month
• Sutherland Harris Memorial Hosp. 3rd Wednesday of the month
AREA #7
• St. Martha’s Hospital 3rd Monday of the month
• Guysborough Memorial Hospital 3rd Tuesday of the month
• Strait Richmond Hospital 2nd Thursday of the month
• St. Mary’s Hospital 3rd Monday of the month
• Eastern Memorial Hospital 3rd Tuesday of the month
AREA #8
• Cape Breton Regional Hospital (Date of Meeting, TBD)
- Townsend Street, Sydney (Date of Meeting, TBD)
• Harbourview Hospital Sub-Site Meetings on an as-needed basis
• Northside General Hospital (Date of Meeting, TBD)
• Glace Bay Health Care Facility (Date of Meeting, TBD)
• New Waterford Consolidated (Date of Meeting, TBD)
• Taigh Na Mara Sub-Site Meetings on an as-needed basis
• Buchanan Memorial Comm. H.C. Sub-Site Meetings on an as-needed basis
• Victoria County Memorial Hosp. Sub-Site Meetings on an as-needed basis
• Sacred Heart Comm. H.C Sub-Site Meetings on an as-needed basis
• Inverness Consolidated Memorial Hosp. (Date of Meeting, TBD)
AREA #9
• Halifax Infirmary Sites
- Abbie J. Lane Memorial Building (Date of Meeting, TBD)
- Camp Hill Veterans Memorial (Date of Meeting, TBD)
- Halifax Infirmary (Date of Meeting, TBD)
• QE2 Victoria General Sites, Halifax
- Bethune Building (Date of Meeting, TBD)
- Centennial (Date of Meeting, TBD)
- Centre for Clinical Research (Date of Meeting, TBD)
- Dickson Building (Date of Meeting, TBD)
- MacKenzie Building (Date of Meeting, TBD)
- Nova Scotia Rehab Centre (Date of Meeting, TBD)
- Victoria General (Date of Meeting, TBD)
• Cobequid Community Health Centre (Date of Meeting, TBD)
• Dartmouth General Hospital (Date of Meeting, TBD)
• East Coast Forensic Hospital (Date of Meeting, TBD)
• Eastern Shore Memorial Hospital (Date of Meeting, TBD)
• Hants Community Hospital (Date of Meeting, TBD)
• Integrated Chronic Care Services (Date of Meeting, TBD)
• Musquodoboit Valley Memorial Hospital (Date of Meeting, TBD)
• Twin Oaks Memorial Hospital, Dartmouth (Date of Meeting, TBD)
• Nova Scotia Hospital (Date of Meeting, TBD)
Area #10
• IWK Health Centre (Date of Meeting, TBD)
Should there be a change in the above schedule, the Site shall give one (1) week’s notice of any change in the date of the regular meeting.
(c) Special Site meetings may be ordered by the Executive Board or requested in writing by no fewer than fifteen percent (15%) of the Site membership in sites with greater than 100 members, and one-half (1/2) the Site membership in sites with less than 100 members. The Site Representative shall immediately call a special meeting when so ordered or requested, and shall see that all members receive at least twenty-four (24) hours’ notice of the special meeting and the subject(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.
(d) The order of business at the regular Site membership meeting is as follows:
1. Roll Call of Site Representatives, Signing Officers and Stewards
2. Reading of the Equality Statement
3. Initiation of New Members
4. Reading and Approval of Minutes
5. Business Arising
6. Treasurer's Report
7. Communications and Bills
8. Site Report
9. Reports of Committees and Delegates
10. Nominations, Elections or Installations
11. Unfinished Business – to include Site and Executive Board Issues
12. New Business - to include Site and Executive Board Issues
13. Good of the Union
14. Adjournment
(e) An agenda is to be posted at least seven (7) calendar days prior to the meeting.
NOTE: The above-noted schedule is a guideline. If this schedule should change, sufficient notice of no less than seven (7) calendar days will be given.
SECTION 6 - VOTING
6A – Voting of Funds at Site
Except for ordinary expenses and bills as approved at the Site meetings:
(a) No sum over one hundred dollars ($100.00) shall be approved by the Site for the purpose of a grant or contribution to a member or any cause outside CUPE, except by a notice of motion given in writing to a membership meeting and passed by a majority vote of the membership at the following Site meeting.
(b) No sum over two hundred dollars ($200.00) shall be approved by the Executive Board for the purpose of a grant or contribution to a member or any cause outside CUPE, except by a notice of motion given in writing to a membership meeting and passed by a majority vote of the membership at the following Site meeting.
6B – Voting on Local Issues
1. Motions brought to the floor concerning Local 8920 issues at regular monthly Site meetings and approved by a majority vote of members present at the meeting shall be forwarded to the Executive Board at the next regular Executive meeting or at a special meeting if deemed necessary. The Executive Board shall deal with any such motion as outlined in Section 6B sub-section 2 of these By-Laws.
2. The Executive Board of Local 8920 shall forward any motions that may require a vote of the membership to each Site. Any such motions shall be put before the membership of each Site at the next regular monthly Site meeting for a vote. The results shall be returned to the Executive Board.
3. Motions concerning regular business shall require a majority vote of voting members of Local 8920. Additions or amendments to the By-Laws will require a 66 2/3% vote of voting membership of Local 8920 in attendance at the Annual General Membership Meeting. Referrals and amendments to a motion will require a majority vote of the Local membership.
4. Each member of Local 8920 shall have one vote on each Local 8920 issue. Members may if they so choose attend meetings in any Site within their area but will only be able to vote on Site specific matters if they are attending a meeting at their home Site.
SECTION 7 - SITE REPRESENTATION
Site Representation – Sites will be represented by a Site Representative, Treasurer, Recording Secretary, and a number of Shop Stewards, assigned in accordance with the following formula. All Site Representatives and Shop Stewards shall be elected by the Site membership.
Sites with less than 10 members 0 Shop Stewards
Sites with greater than 10 members but less than 50 members 1 Shop Steward
Sites with greater than 50 members but less than 100 members 2 Shop Stewards
For every additional 50 members 1 Shop Steward
Shop Stewards will be elected within the Site. The Sites have discretion over how Shop Stewards are designated or utilized, however Sites are encouraged to elect Shop Stewards from the different Bargaining Units and/or Departments.
Sub-sites (as listed below) will only have a Site Representative. They will not have a Site Treasury and all Area business will be conducted through the referenced Area Site.
Lloyd E. Matheson Centre Colchester East Hants Health Centre
Western Kings Memorial Health Centre Valley Regional Hospital
Harbourview Hospital Northside General Hospital
Taigh Na Mara Cape Breton Regional Hospital
Buchanan Memorial Community H.C. Inverness Consolidated Memorial Hosp.
Sacred Heart Community H.C. Inverness Consolidated Memorial Hosp.
Victoria County Memorial Hospital Inverness Consolidated Memorial Hosp.
SECTION 8 - GRIEVANCES
Subject to General Membership review, the Executive of Local 8920 has authority over all grievances.
(a) The Area Vice-Presidents can refer a grievance through the various steps up to the point of arbitration.
(b) Only the Executive Board can refer a grievance to arbitration.
(c) If supported by the grievor, a grievance may be withdrawn at any step including arbitration.
(d) If opposed by the grievor, the Executive Board can withdraw a grievance at any step, including arbitration, provided that a motion to withdraw the grievance is presented to and supported by the General Membership of Local 8920 at a Regular or Special General Membership Meeting.
SECTION 9 - NOMINATION, ELECTION AND INSTALLATION OF OFFICERS
To be eligible for nomination to a position which requires signing on the Treasury, a member must be eligible for bonding and be a member in good standing. To be eligible for nomination to all other positions, a member must be a member in good standing.
(a) Election and Terms – All Executive Board and Site Representative positions will be for a two (2) year term.
(b) Nominations shall be held at each of the February Site membership meetings or by submitting a written nomination by the last Friday in February to the CUPE office. Written nominations must include the name and phone number of the nominator as well as the name, phone number and signed acceptance of the person being nominated. All nominations must be forwarded to the CUPE office by the last Friday in February.
(c) A committee shall be appointed by the Executive Board, who, in conjunction with the CUPE National Representative, will process the nominations and prepare for the election, including the preparation of ballots for Executive Board positions. Members interested in being on the Elections Committee should express their interest to the Executive Board by March 1st of each year. Site elections will be dealt with by the Area Vice-President at the March meeting.
(d) If only one member is nominated for a position, such member shall be declared elected by acclamation and no vote shall be required.
(e) In April of odd numbered years, one (1) ballot per position shall be prepared for each Site within an Area by the Election Committee listing those nominated to the position of Area Vice-President for the Area.
(f) (i) In April of even numbered years, one (1) ballot per position shall be prepared for Local 8920’s entire membership by the Election Committee listing the President, Recording Secretary and Secretary-Treasurer, and the names of all the members running for each of these positions. Names shall be listed in alphabetical order.
(ii) All Site positions will be elected at the March Site meeting by secret ballot. In March of odd numbered years, the position shall be Secretary and Shop Stewards at the Site. In even numbered years, the positions will be Site Representative and Site Treasurer.
(g) Local 8920 Trustees shall be elected by simple majority at the annual membership meeting. Initially, the Trustee receiving the largest number of votes shall be elected for three (3) years, the Trustee receiving the second largest number of votes shall be elected for two (2) years, and the Trustee receiving the third largest number of votes shall be elected for one (1) year. Subsequently, one (1) Trustee shall retire each year as the term for which such Trustee was elected expired, and succeeding Trustees shall be eligible for three (3) years. The retiring Trustee shall be eligible for re-election. Expression of interest shall come forward at the March Site meeting to be nominated either in person or in writing at the Annual Membership Meeting.
(h) Voting shall be conducted at each Site. Ballot boxes must be available during normal working hours for a minimum of one (1) hour but not more than four (4) hours. Voting dates, times, and locations are at the discretion of the Election Committee. However, voting must be concluded within ten (10) consecutive working days.
(i) Ballot boxes and address lists will be transported to the voting stations by members of the Election Committee in sufficient time prior to the commencement of voting.
(j) Ballot boxes used for these votes will be locked, and the keys will be in the possession of the CUPE National Representative or their designate.
(k) A record will be kept of all members who vote by marking their names off on the Union’s address list or seniority list.
(l) At the conclusion of voting, the Election Committee and the CUPE National Representative will count the votes in a central location. Members of Local 8920 are free to observe this process.
(m) The member receiving the most votes shall be declared elected. In the event of a tie, a run-off vote will be held.
(n) Each candidate may appeal for a recount of the votes for that office. Such recount is to be taken immediately, following the announcement of all elected positions.
(o) Should a vacancy occur in any of the Executive Board positions during the term of office, a by-election will be held. Nominations will be taken at the Site meetings following the occurrence giving rise to the vacancy. Elections will be conducted by the Area Vice-Presidents, or by someone appointed by the President in the event that the Area Vice-President is running for office, in accordance with Article 9(h).
(p) If for any reason, a member so elected must decline at a time between the nomination meeting and the day to vote, that office will be declared vacant. Nominations and election to fill the vacancy will be as per Article 9(o).
(q) Newly elected representatives of Local 8920 will be installed at the Annual Membership Meeting.
SECTION 10 - DUTIES OF THE EXECUTIVE BOARD MEMBERS & LOCAL TRUSTEES
(a) The President shall:
1. enforce the CUPE Constitution and these By-Laws;
2. preside at all Executive Board meetings and preserve order;
3. decide all points of order and procedure (subject always to appeal of the membership);
4. have a vote on all matters (except appeals against his/her rulings) and in case of a tie vote in any matter, have the right to cast an additional vote to break the tie;
5. ensure that all officers perform their assigned duties;
6. fill committee vacancies, subject to Executive Board approval, where elections are not provided for;
7. sign cheques and ensure that the Local's funds are used only as authorized or directed by the Constitution, By-Laws, vote of the Executive Board, or by the membership;
8. has first preference as a delegate to the CUPE National Convention, CUPE Nova Scotia Convention, Canadian Labour Congress Convention and Nova Scotia Federation of Labour Convention;
9. be bonded for not less than $1,000.00 (or any greater sum, as may be decided at a membership meeting, 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. Any President who cannot qualify for the bond shall be disqualified from office;
10. unless directed otherwise in these By-Laws, the President shall be a member, ex-officio of each standing committee;
11. attend all Union/Management meetings within the Local.
12. support Vice-Presidents (when necessary) by attending 3rd stage grievances, downsizing and other issues;
13. Subject to Section 21 (b) shall be Chairperson of the Negotiating Committee;
14. shall be the official spokesperson for Local 8920;
15. on termination of office, surrender all books, records and other properties of the Local to his/her successor.
(b) The 1st Vice-President* shall:
1. if the President is absent or incapacitated, perform all duties of the President;
2. if the office of President falls vacant, be Acting President until a new President is elected;
3. render assistance to any member of the Executive Board as directed by the Executive Board;
4. in the absence of the President or Secretary-Treasurer, be one of the signing officers for disbursement of funds;
5. be bonded for not less than $1,000.00 (or any greater sum, as may be decided at a membership meeting, 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, and any Vice-President who cannot qualify for the bond shall be disqualified from office;
6. on the request of the President, act in the absence of either the Recording-Secretary or Secretary-Treasurer;
7. on termination of office, surrender all books, records and other properties of the Local to his/her successor.
(c) The Recording-Secretary shall:
1. keep full, accurate and impartial account of the proceedings of all Local or Special membership and Executive Board meetings;
2. record all alterations in the By-Laws;
3. answer correspondence and fulfill other secretarial duties as directed by the Executive Board;
4. file a copy of all letters sent out and keep on file all pertinent communication;
5. have all records ready on a reasonable notice for auditors and Trustees;
6. preside over Executive Board or Executive Committee meetings in the absence of both the President and the Vice-President;
7. be empowered with the approval of the Executive Board, to employ necessary stenographic or other assistance to be paid for out of the Local's funds;
8. on termination of office, surrender all books, seals and other properties of the Local to his/her successor;
9. upon approval of the Executive Board, record electronically meetings for purposes of minute preparation only.
(d) The Secretary-Treasurer shall:
1. 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;
2. sign cheques and ensure that the Local’s funds are used only as authorized or directed by the Constitution, By-Laws, vote of Executive Board or Membership;
3. prepare all CUPE National per capita tax forms, and remit payment no later than the 1st day of the following month;
4. prepare all per capita tax forms and remit payment regularly to CUPE Nova Scotia and any other affiliates;
5. record all financial transactions in a manner acceptable to the Executive Board and CUPE National in accordance with good accounting practices;
6. throughout his/her term, and on behalf of the Local Union membership, be responsible for maintaining, organizing, safeguarding and keeping on file all supporting documents, authorizations, invoices and/or vouchers for every disbursement made, receipts for all money sent to CUPE headquarters, as well as records and supporting documents for all income received by the Local Union;
7. regularly make a full financial report to meetings of the Local's Executive Board as well as a written financial report to each Annual Membership Meeting detailing all income and expenditures for the period;
8. be bonded for not less than $1,000.00 (or any greater sum, as may be decided at a membership meeting, 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. Any Secretary-Treasurer who cannot qualify for the bond shall be disqualified from office;
9. pay no money unless supported by a voucher duly signed by the President and one other member of the Executive Board, or any two other members of the Executive Board, except that no voucher shall be required for payment or per capita fees to any organization to which the Local is affiliated;
10. make all books available for inspection by the auditors and/or trustees on reasonable notice and have the books audited semi-annually;
11. forward Site and local semi-annual audits to the National Secretary-Treasurer;
12. be empowered with the approval of the Executive Board, to employ necessary clerical assistance to be paid for out of the Local's funds;
13. notify all members who are one (1) month in arrears and report to the Executive Board all members two (2) or more months in arrears in the payment of union dues;
14. on termination of office, surrender all books, records and other properties of the Local to his/her successor.
(e) The Education Coordinator shall:
1. assist with portfolios as directed by the Executive Board;
2. be responsible for all aspects of CUPE Workshops;
3. identify the educational needs of the Local;
4. arrange for representation of the Local/Site at any appropriate and available educational seminars or conferences/conventions and submit recommendations accordingly to the Executive Board. Co-operate with the Union Department of Education and Communication Branch of CUPE in implementing both the Local’s and CUPE’s policies in these fields;
5. on termination of office, surrender all books, records and other properties of the Local to his/her successor.
(f) The Area Vice-President shall:
1. enforce the CUPE Constitution and these By-Laws;
2. represent the Area on the Executive Board;
3. represent the Area on the Provincial Negotiations Committee;
4. represent the Area on the Labour Management Committee;
5. represent the Area at all Area 3rd stage grievances and report same to the Executive Board.
6. attend all Site meetings within the Area;
7. ensure that all officers perform their required duties;
8. fill Committee vacancies where elections are not called for or where elected positions within the Area are temporarily vacant;
9. in Sites with less than one hundred (100) members, the Area Vice-President will audit the Site financial records yearly and shall forward their Report to the Local 2525 Secretary-Treasurer following the completion of each audit;
10. authorize the use of union leave by Site Representatives;
11. submit monthly report to the Executive Board which will include:
• report on Site meetings held in the previous month
• report on any functions attended on the Local's behalf
• number of union leave days authorized to Site Representatives
• number of union leave days taken
12. make available copies of the Executive minutes to the Site and Site minutes to the Executive;
13. on termination of office, surrender all books, records and other properties of the Local to his/her successor.
NOTE: The Area Vice-President only holds voting rights at their home site. * The fourteen (14) Area Vice-Presidents shall select from amongst themselves the First Vice-President, an Education Coordinator and a Webmaster.
(g) The Webmaster* shall:
1. be responsible for all aspects of the Local 8920 website and/or social media;
2. update the website and/or social media, as necessary, as to provide the membership with current information resources and campaigns;
3. post upcoming events and announcements requested, in a timely manner, in accordance with CUPE National Constitution;
4. answer all correspondence emailed to website 8920@cupe.ca and consult with the Executive Board when deemed necessary;
5. keep on file all electronic copies and resources used on the website and/or social media;
6. create and update the website sitemap as needed;
7. assist with any task as directed by the Executive Board.
On termination of this office, surrender, reset password, files and all properties of the Local to his/her successor. Should this endeavor disappear, then the Executive position would also disappear.
(h) The Local Trustees are Officers of Local 8920 and are not Executive Board members.
The Trustees shall:
1. 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 of the Local annually;
2. make a written report of their findings to the first membership meeting following the completion of each audit;
3. 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;
4. be responsible to ensure that monies are not paid out without proper constitutional or membership authorization;
5. ensure that proper financial reports are made to the membership;
6. audit the record of attendance;
7. inspect yearly 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;
8. send a copy of each yearly completed audit report (on the prescribed form provided by the National Secretary-Treasurer), as well as a copy of their report to the Local Union membership along with a copy of their recommendations and/or concerns to the National Secretary-Treasurer of the Canadian Union of Public Employees, with a copy to the assigned servicing representative.
(i) The Site Representative shall:
1. enforce the CUPE Constitution and these By-Laws;
2. preside at all Site meetings and preserve order;
3. decide all points of order and procedure (subject always to appeal of the membership);
4. have a vote on all matters (except appeals against his/her rulings) and in case of a tie vote in any matter, including elections, have the right to cast an additional vote to break the tie;
5. ensure that all officers perform their assigned duties;
6. sign cheques and ensure that the Site’s funds are used only as authorized or directed by the Constitution, By-Laws, or by the membership;
7. be bonded for not less than $1,000.00 (or any greater sum, as may be decided at a membership meeting, 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 National Office. Any Site Representative who cannot qualify for the bond shall be disqualified from office;
8. be responsible for the day-to-day administration of the Site in consultation with the Area Vice-President, when necessary;
9. be responsible for posting Site meeting notices at least seven (7) days prior to the meeting;
10. represent the Site at Site grievance meetings;
11. wherever possible, attend educational sessions as directed by the Executive Board;
12. on termination of office, surrender all books, records and other properties of the Local to his/her successor.
(j) The Site Secretary-Treasurer shall:
1. receive all Site revenue from the Local 8920 Secretary-Treasurer, keeping a record of monies received and deposit promptly all money with a bank or credit union;
2. sign Site cheques in conjunction with the Site Representative and ensure that the Site’s funds are used only as authorized or directed by the Constitution, By-Laws, or Membership;
3. record all financial transactions in a manner acceptable to the Executive Board and Site in accordance with good accounting practices;
4. monthly make a full financial report to meetings of the Site as well as a written financial report to each Annual Membership Meeting detailing all income and expenditures for the period;
5. be bonded for not less than $1,000.00 (or any greater sum, as may be decided at a membership meeting, 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 National Office. Any Secretary-Treasurer who cannot qualify for the bond shall be disqualified from office;
6. make all books available for inspection by the auditors and/or trustees on reasonable notice and have the books audited semi-annually;
7. be empowered with the approval of the Executive Board, to employ necessary clerical assistance to be paid for out of the Local’s funds;
8. on termination of office, surrender all books, records and other properties of the Local to his/her successor.
(k) The Site Recording Secretary shall:
1. keep full, accurate and impartial account of the proceedings of all Site General or Special Membership Meetings;
2. provide a copy of Site minutes to the Site Representative and Area Vice-President;
3. record all alterations in the By-Laws;
4. answer correspondence and fulfill other Site secretarial duties as directed by the Area Vice-President and Site Representative;
5. file a copy of all letters sent out and keep on file all pertinent communication;
6. have all records ready on a reasonable notice for auditors and trustees;
7. preside over Site meetings in the absence of the Site Representative;
8. on termination of office, surrender all books, seals and other properties of the Local to his/her successor;
9. maintain a record of attendance at all Site General and Special Membership Meetings.
(l) The Site Shop Steward shall:
1. represent their designated Site/Department/Area;
2. process all grievances in writing on the forms provided by the National Office and signed by the complainant(s), forward a copy to the Site Representative, Area Vice-President;
3. represent the grievance at all stages of the Site grievance procedure in conjunction with the Site Representative, Area Vice-President and the CUPE National Representative;
4. on termination of office, surrender all books, records and other properties of the Local to his/her successor.
(m) The Site Trustee shall:
In sites with greater than one hundred (100) members, each Site shall have two (2) trustees. The initial terms for such trustees shall be one (1) and two (2) years. The preference of one or two year terms shall be decided by the trustees.
The trustees shall act as an auditing committee on behalf of the members of the Site and audit the books and accounts of the Secretary-Treasurer of the Site annually. Site trustees shall forward their report to the Local Secretary-Treasurer following the completion of each audit.
SECTION 11 – OUT OF POCKET EXPENSES
(a) The following out of pocket expenses shall be provided:
(i) Local:
President $2,000.00
1st Vice-President $1,700.00
Area Vice-President $1,500.00
Secretary-Treasurer $1,500.00
Recording Secretary $1,500.00
(ii) Trustees $200.00 upon completion of the audit
The out-of-pocket expense will be paid in two equal installments, semi-annually, May and November or a percentage thereof, depending upon length of time in office.
NOTE: 1st Vice-President would only get one gratuity.
(b) The following out-of-pocket expenses shall be provided for the Site:
Site Representative $750.00
Site Treasurer $500.00
Site Recording Secretary $500.00
Site Shop Steward $350.00
Site Trustees $ 50.00 upon completion of the audit
Site out-of-pocket expenses will be paid by the Local in May of each year or a percentage thereof, depending upon the length of time in office.
In the event of changes of these out-of-pocket expenses, an individual elected to any of these above Site positions will receive either the amount listed or the new out-of-pocket expense, whichever is greater for the remainder of their elected term.
SECTION 12 - OUT-OF-POCKET ALLOWANCES
(a) Lost wages on approved union business and/or educationals.
(b) (1) Receipted hotel/motel costs at the CUPE designated hotel/motel when on approved Union Business/education. Should a member decide to stay at a different accommodation other than the CUPE designated hotel/motel the member is solely responsible for the additional cost.
(2) If the alternative accommodations are in a private home an allotment of $20.00 will be paid by Local 8920.
(3) Should a member choose to travel on a daily basis, they shall be reimbursed either mileage or hotel costs whichever is less. Accommodations to be CUPE designated as per section 12(b)1.
(c) Vehicle mileage as per CUPE National rates. Car pooling is encouraged wherever possible.
(d) Meals: Meeting + travel time of four (4) hours or more $70.00
Meeting + travel time less than four (4) hours $40.00
Out of Province $85.00
(e) (i) Parking will be reimbursed with receipt.
(ii) Road tolls will be reimbursed without receipt.
(f) Authorized members will be reimbursed for any long distance telephone charges as per the proposed budget.
(g) (i) Per diem: Members attending the Weeklong School held outside their Site will receive $10.00 per day expense per diem. The day of travel members will receive meeting and travel allowances. It is understood that no one can claim meeting, travel or meal allowances to attend their monthly Site General Membership Meetings or Site Special Membership Meetings.
(ii) Executive Members on approved Union business outside their regular working hours, shall be entitled to daily meeting and mileage allowance when called back to their sites. Every attempt shall be made to schedule meetings when the Union Representative is on site. It is understood that no one can claim meeting, travel or meal allowances to attend their monthly Site General Membership Meetings or Site Special Membership Meetings.
(h) (i) A member attending an approved education session outside their Site area and requiring financial assistance, a maximum of $100 may be advanced to cover expenses. This advancement will be deducted from the submitted expense claim.
(ii) Any member attending National Convention can request a portion or all of the out-of-pocket expenses.
(i) Dependent Care Expenses: $30.00 per day per child/dependent to a maximum of $60.00 per family per day. This expense is applicable only on a member’s day off or after regular hours - Receipt necessary. It is understood that no one can claim this expense to attend their monthly Site General Membership Meetings or Site Special Membership Meetings.
SECTION 13 – SITE REBATES AND EXPENDITURES
(a) Rebate to Sites:
Rebate to Sites will be on a pro-rated basis of $1.00 per dues paying member/per month or a minimum of $50.00 per Site whichever is greater.
(b) The following shall be deemed to be expenditures of the Sites:
1) Hall rental
2) Flowers, gifts, mass cards or memorial donations according to guidelines established by the Good of the Union Committee for that specific Site.
3) Postage and stationary, and photocopying.
4) Cash or gift donation upon retirement according to guidelines established by the Good of the Union Committee for that specific Site.
All other expenditures, outside of the above, must be approved by the membership.
(c) There shall be no direct gift or cash payments to the membership as a whole in any Site.
SECTION 14 - UNION LEAVE
(a) Union leave taken by Site Representatives must be approved by their Area Vice-President.
(b) Union leave taken by members of the Executive Board will be reviewed monthly by the Executive Board.
(c) Wherever possible, Site meetings will be scheduled so that neither the Area Vice-President nor the Site Representative will be required to utilize Union leave.
SECTION 15 - FEES, DUES AND ASSESSMENTS
(a) Monthly Dues - The monthly dues shall be 1.5% of regular gross monthly earnings. (Article B4.3).
(b) Changes in the levels of the Monthly Dues can be affected only by following the procedure for amendment of these By-Laws with the additional provision that the vote must be by secret ballot.
(c) Special assessments may be levied in accordance with Article B4.2 of the CUPE Constitution.
SECTION 16 - DELEGATES TO CONVENTIONS AND CONFERENCES
(a) i) Except for the President's option, delegates from each Area shall be elected to attend the CUPE National Convention if financially feasible. These delegates shall be elected from those in attendance at the Annual General Membership Meeting.
ii) Except for the President’s option, all delegates to the CUPE Nova Scotia Division Convention shall be chosen at the March Site Membership meeting.
(iii) Recommendations for the number of delegates attending Conventions will be forthcoming from the Executive Board.
(iv) For conventions and conferences, excluding National, the Executive has the right to attend plus two (2) members per Area subject to budget restrictions. Other interested members could attend as alternate delegates to fill the maximum amount of vacant delegate positions, to the total of 17.
NOTE: Attendance to National Convention will be elected at the Annual General Membership Meeting.
(b) In the event that Local 8920 is affiliated, delegates to the District Labour Council shall be chosen annually by the Sites within the Executive Board’s geographic location. A delegate shall be required to report at each Site meeting on proceedings at recent meetings of the Labour Council.
(c) All delegates chosen to attend any functions on behalf of the Local held outside his/her Site shall be paid transportation expenses (mileage/air fare, whichever is less). If taking own car, car pooling is expected whenever possible. Delegates will also receive a per diem allowance and an amount equal to any loss of salary incurred by attendance at these functions (to be paid to the Employer), in addition to hotel accommodations if deemed necessary and a meal allowance.
(d) Delegates chosen to attend any functions on behalf of the Local held locally shall have no travel allowance. There shall be a per diem, compensation for any loss of salary by attendance at the function and a meal allowance. (Refer to Section 12 - Out-of-Pocket Allowances).
(e) Representation at schools and seminars shall be on the recommendation of Local 8920 Executive Board. The Executive Board Members shall give consideration to what best serves the needs of the Local and the Sites with as equal representation as possible.
NOTE: Delegates in Section 16 includes alternates and/or observers.
SECTION 17- EDUCATION
(a) Current CUPE course list shall be posted in each site on CUPE Bulletin Board and on CUPE Local 8920 website.
(b) All education requests shall be submitted to the Education Coordinator with appropriate forms by the posted deadline.
(c) Each member shall be entitled to attend five (5) courses per year. Requests or additional courses shall be submitted to the Education Coordinator and will be approved by the Executive Board.
(d) No member shall repeat a course that has not significantly changed. This will be verified by the Education Coordinator in consultation with the CUPE Union Development Representative. Repeat Educational requests may be approved, if deemed necessary, by the Executive Board.
(e) Every effort shall be made to attend courses within the Local 8920 geographic area. Any courses beyond this area shall be at the discretion of the Education Coordinator.
(f) The Local encourages car-pooling and shared accommodations whenever possible.
(g) Members are responsible to cancel accommodations if they are unable to attend a booked course. Members will be required to reimburse the Local when failing to do so.
(h) When CUPE Week-Long School is offered in Nova Scotia, one (1) member per Area may attend along with the President. If more than one (1) member in an Area is interested, then it will be left to a draw at the last Site meeting in that Area to determine which member will attend. The completed registration forms need to be forwarded to the Education Coordinator before the posted deadline, otherwise the opportunity to attend will be forfeited. Upon return from the Week-Long School, within thirty (30) days a 350-word essay sharing their experience shall be written and sent to the Executive. This will be published on the Local 8920 website.
(i) Any travel outside of Nova Scotia for educational purposes will be considered on a case-by-case basis by the Executive. Factors to be considered include but are not limited to:
a) union involvement
b) finances
c) feasibility of return for Local 8920
d) cooperation in cost cutting measure (eg: sharing of rooms, travel, etc.)
SECTION 18 - COMMITTEES
(a) Negotiation Committee – Subject to Article 21.1(b), the Committee shall consist of the President and the Area Vice-President’s or alternates elected at the General Membership meetings. Site Representatives will be fully engaged through the bargaining process. Prior to the commencement of negotiations, Local 8920 will consult with the members and develop bargaining priorities and proposals. These proposals will be tabled, debated and ratified at a Special Membership Meeting in each Area. Ratification will be based on the cumulative membership who attended and voted at the Area Meetings. The Negotiations Committee through the Area Vice-Presidents will be responsible for regular communication to Site Representatives and members on the status of negotiations. Upon reaching a Memorandum of Settlement, the Negotiations Committee will prepare a package to be presented at a Special Membership Meeting in each Area. Ratification will be based on the cumulative membership who attended and voted at the Area Meetings
(b) Special Committees - A special ad hoc committee may be established for a specified purpose and defined period at the discretion of the Executive Board. The Committee shall consist of one (1) member from each Area. The Chairperson of each Special Committee shall be elected by the members of the Committee. The President and/or one (1) other member of the Executive Board may sit on any Special Committees as ex-officio members.
(c) Standing Committees - The Chairperson of each Standing Committee shall be elected by the members from that Committee. The Chairperson and the Executive Board may jointly appoint other members to serve on a committee. Unless specified herein, the President or designate shall be an ex-officio member of each Committee. There may be Standing Committees as follows:
(1) Bursary Committee
The Bursary Committee shall consist of the Education Coordinator,
Recording Secretary, Secretary-Treasurer and Webmaster. The Committee shall review all bursary applications and award bursaries based on standing criteria, and will report results to the Executive Board.
(2) Site Compassionate Committee
Each Site may form their own Committee and this Committee may:
- visit members who are ill;
- if a member is ill or hospitalized, have sent some token of the Site's concern and desire to help, whether the member is at home or in hospital
- extend condolences in the event of the death of a member or one of his/her immediate family, and make other appropriate gestures in accordance with the custom or the wishes of the family concerned.
(3) Social Committee
Each Site may form their own Social Committee. It is the function of this Committee to arrange and conduct all social and recreational activities of the Sites either on the Committee's own initiative or as a result of decisions taken at membership meetings. The Committee shall submit reports and proposals to their Site meetings. A ceiling for the Committee's net expenditures shall be fixed annually by the membership. This shall be a nominal amount. All social and recreational events and activities must be financed by the Site. The Sites shall be held responsible for the proper and effective functioning of this Committee.
(4) Budget Committee
The Committee shall consist of the President, Secretary-Treasurer and one (1) other Site Treasurer appointed impartially by the Executive Board. The budget year will run from April 1st to March 31st and the budget will be presented to the Annual General Membership Meeting in May of each year.
SECTION 19 - SPECIAL MEMBERSHIP
The Union may grant membership, such as lifetime membership, for retiring members, whether they be retiring because of age or ill health.
SECTION 20 - ANNUAL MEMBERSHIP MEETING
(a) The Annual General Membership Meeting shall be held in May on a date determined by the Executive Board. Attendance at such meeting shall be at the expense of the individual members.
(b) The Annual General Membership Meeting will be rotated between Areas.
(c) Any member wishing to present motions or propose By-Law changes at the Annual Membership Meeting shall have same approved by his/her Site and such motions or proposed changes shall be forwarded to the Recording-Secretary of the Local seventy-five (75) days prior to the Annual Membership Meeting. Motions and By-Law changes, properly served, will be determined at this meeting.
(d) All By-Law changes to be sent to each Site sixty (60) days prior of the Annual General Membership Meeting.
(e) Rules of Order of Business - The Order of Business in the National Constitution shall be the Order of Business of Annual Meetings, subject to additions as they become necessary.
SECTION 21 - AFFILIATION
(a) The Local may affiliate to CUPE Nova Scotia and the Nova Scotia Federation of Labour. Other affiliations may be determined at the Annual Membership Meeting through a By-Law amendment. Any disaffiliation would be taken back to the Sites for a vote by the members of Local 8920. Any motion to disaffiliate will require 66 2/3% vote of those members present and voting at the Site meetings.
(b) Local 8920 is affiliated to the Amalgamated Union(s) pursuant to the Dorsey Award. Members of Local 8920 will be members of the Amalgamated Union(s) for purposes of collective bargaining (preparing, negotiating and ratifying a collective agreement). Local 8920 will pay the dues on behalf of its members to the Amalgamated Union(s) as set out in the Constitution of the Amalgamated Union(s).
SECTION 22 - STAFF REPRESENTATIVES
CUPE National Staff Representatives may attend meetings of the Local, Executive Board and Sites with voice, but not vote. The CUPE National Staff Representative(s)
assigned shall be a member of the Local 8920 Negotiating Committee with voice but no vote.
SECTION 23 - RULES OF ORDER
All meetings of the Executive Board and Sites 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 By-Laws and may be amended only by the same procedure used to amend the By-Laws.
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.
SECTION 24 - AMENDMENT
(a) 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.
(Article 9.2(c), 13.3, & B.5.1)
(b) These By-Laws shall not be amended, added to, or suspended except upon a 66 2/3% vote members present and voting at the Annual General Membership Meeting following at least sixty (60) days written notice.
(Article B.5.1)
(c) No change in these By-Laws shall be valid and take effect until approved by the National President of CUPE. The validity shall date